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The question

What is the ruling on money not paid to a worker during the factory's shutdown period? Is it considered an expired debt that can be claimed for its purchasing power? Is it permissible for the employer to cancel the agreement with only one worker? What is the ruling on the money owed up to the date of cancellation if that is permissible?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the factory's circumstances become difficult and its owner agrees with the workers to receive half their salary in exchange for them staying at home until the situation improves, then this agreement is binding unless the contract is terminated, based on Allah's saying: (O YOU WHO HAVE BELIEVED, FULFILL [YOUR] CONTRACTS). Leasing (Ijarah) is a binding contract, and neither party may terminate it except in the presence of an emergency excuse. This is the view of the Hanafis and Malikis, and was chosen by Ibn Taymiyyah, Ibn Uthaymeen, and the Shariah Standards Board. Among the emergency excuses is severe stagnation due to war or epidemic, such that it becomes impossible for the employer to pay salaries while still making a profit. Based on this, the factory owner is obligated to pay half of the agreed-upon salaries. If he delays in paying them and the currency value decreases by one-third or more, then compensation for this decrease is obligatory. The factory owner may terminate the contract with the workers if the contract period has ended or if there is an excuse of stagnation that prevents him from paying salaries. In this case, he is not obligated to pay anything after the contract is terminated. However, if the period has not ended and there is no excuse, he does not have the right to terminate it except with the worker's consent. If the contract stipulates the right of either party to terminate with prior notice, then the factory owner may terminate the contract by following the agreed-upon procedure, and he is obligated to pay the agreed-upon salary or half of it until the time of termination.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
30020
Imported
Translation status
Source text, unreviewed
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