Is the partner who contributed labor entitled to 40% of the profit from the sale of the shop, knowing that the original agreement was for 40% of the operating profits?

This company is a valid Mudarabah according to the Hanbali school of thought, where two individuals share in the work using one person's capital. The partner who does not own the capital is only entitled to the agreed-upon percentage of the profit, and profit is what remains after the capital is secure.

If the shop belongs to the other partner and the questioner did not pay anything for it, then the questioner has no share in it, because it is not a subject of trade and does not enter into the Mudarabah capital, which is stipulated to be in cash.

Mudarabah is a permissible and non-binding contract, and either party has the option to annul it whenever they wish, according to the majority of scholars. So, if the first operation is completed and the profit is divided, each partner has the option to enter into a new operation.