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The question

What is the ruling on working in an engineering company as a representative of the owner, given that there are contractors submitting bids, if the questions include: 1. Is it permissible for an employee to enter as a subcontractor with the lowest price, provided all conditions are met? 2. If the price of the main contractors is 200 riyals per meter, and a contractor bids at 170 riyals for the company and 10 riyals for the employee for supervision, what is the ruling on that? 3. What is the ruling on an employee leaving during official working hours to work on a private project in which he is a partner, with the knowledge of the manager, despite no negligence in his original work? 4. Is it permissible to waive a project in which I was a competitor to another contractor in exchange for a commission, despite working as both an employee and a contractor for the owner?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

If your work involves dealing with contractors, it is not permissible for you to work as a subcontractor or partner with them except with the knowledge of your company. This is because an agent works for the benefit of the company, while a contractor works for his own benefit, and these two cannot be reconciled. Furthermore, it is forbidden for you to accept work from them in this situation, as it is a cause for suspicion of favoritism. The claim that your prices are better is not acceptable unless the company announces it, and divulging prices to applicants is considered a breach of trust.

Introducing a contractor at a lower price and taking a commission from him is not permissible because you would be an agent for both the contractor and the company at the same time. This falls under "the Prophet's prohibition against a Muslim selling over the sale of his brother" and is considered an infringement on the right of the main contractor. The commission you take is a forbidden bribe.

An employee is obligated to be present and remain at work for the entire agreed-upon duration, and it is not permissible for him to work for his own benefit or for anyone other than his company during working hours. Your departure for a private job with the approval of your manager, who is a partner in this work, is forbidden.

Tenders are Islamically permissible and are subject to the rulings of auctions. It is not permissible to exclude any bidder, with or without compensation, as this harms the tender issuer, and anything taken in exchange for that is illicit gain and ill-gotten earnings.

In general, your participation with a subcontractor, or taking a commission from him, or leaving for your private work during duty hours, or taking money in exchange for withdrawing from a tender, or working as a contractor with your company without its knowledge, all of this is forbidden.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
21489
Imported
Translation status
Source text, unreviewed
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