Ruling on receiving one's salary from a bank and resorting to the Commercial Registry for dispute resolution between an employee and the bank
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The questioner: One of the companies required its employees to contract with the Dutch bank to receive their salaries through this bank.And since one of the conditions of the contract states: If the dispute between the bank and the employee is to be resolved through the Commercial Registry or commercial law, and some employees signed this contract while others did not sign it because of this condition?The Shaykh: As you mentioned, there are some entities, both companies and non-companies, that require employees to open an account in any of the banks in order to transfer the salaries to that bank. If a person cannot receive his salary except through this means, there is no harm; he opens an account, but he does not deposit money from his own funds into it.Meaning: He does not deposit money from his own funds; however, there is no harm in receiving his salary from it.
The questioner: What about the condition regarding the authority to which they resort?The Shaykh: This condition is not acceptable.
The questioner: Now, if he is ordered to sign and this condition is among the conditions?The Shaykh: It is not acceptable, because resorting to anything other than the Book and the Sunnah is forbidden.
The questioner: Does this take him out of this job?The Shaykh: No, it does not take him out, but it is not acceptable. He signs it as if he were forced to do so, but if a dispute arises, he does not resort to it.
The questioner: What about the condition regarding the authority to which they resort?The Shaykh: This condition is not acceptable.
The questioner: Now, if he is ordered to sign and this condition is among the conditions?The Shaykh: It is not acceptable, because resorting to anything other than the Book and the Sunnah is forbidden.
The questioner: Does this take him out of this job?The Shaykh: No, it does not take him out, but it is not acceptable. He signs it as if he were forced to do so, but if a dispute arises, he does not resort to it.
