Is an employee's taking a portion of the employer's money—an employer who wronged him and deprived him of his rights (such as payment for overtime hours and official holidays)—considered obtaining what is rightfully due, or is it theft? Is he exempt from repaying this money if he is unable to do so? And will he be punished for his action in this world and the hereafter?

If someone was wronged and the one who wronged him asked him to work outside the agreed-upon hours, it is permissible for the wronged person to take the customary wage for the additional work, provided he does not exceed it. However, if the wronged person took more than what is due, or if the contract allowed the sponsor to request work at that time, or if the request was without compulsion, then he must return what he took. The debt remains his responsibility until he repays it or the sponsor forgives him. If he is unable to do so, we hope that Allah will settle the matter on his behalf.