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The question

What is the ruling on working overtime, personally or in partnership, outside official working hours, given that there is a clause in the contract that absolutely prohibits working for any other party without written consent, knowing that this work will not affect the company's work or conflict with its interests, and that the purpose of the clause may be routine or to protect the employee's rest, taking into account that requesting approval may harm the employee's relationship with the company? Is it permissible to take annual leave from the company for the purpose of this overtime work, if it requires travel that may delay some of the company's work?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

There is a difference of opinion regarding the ruling on an employer stipulating that an employee should not work outside their official working hours. If the condition serves a legitimate purpose and the employee agrees to it, then they are obliged to fulfill it. However, if the condition is overly burdensome, or if the employer does not intend to bind the employee to it, then there is no blame upon the employee. Anything that negatively affects the employee and is prohibited by text or custom, and was agreed upon in the contract, is not permissible to do. The criteria for what constitutes a prohibition are determined by labor regulations and the system of work. If working outside official hours is permitted, then there is no harm in requesting leave, even if it delays the tasks of the employer, as long as the leave is with the employer's permission and consent.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
164555
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.
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Read the full answer on Ftawy