Does the employer in the private sector have the freedom to determine the working hours of the employee according to the circumstances of the work, or must he specify certain hours and pay overtime for what exceeds them?
The tenant must adhere to the contract agreed upon with the worker regarding the duration of the hire, the amount of the wage, and the nature of the work. It is not permissible for him to extend the agreed-upon time without the worker's consent. However, after the contract ends, a new contract can be agreed upon.
If the worker performs additional hours not agreed upon, he is entitled to a fair wage (ajr al-mithl) for those hours. This is the view of the majority of jurists. However, if the worker volunteers for the extra work, he is not entitled to a wage.
If the worker usually works for a wage, and work is handed over to him without an explicit agreement on the wage, he is entitled to a fair wage (ajr al-mithl) because custom takes the place of an verbal condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 59989
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy