If a worker works on a holiday and the company gives him nothing, then it makes an error in his calculations resulting in an excess, is he entitled to take it in exchange for his work for which he received nothing?
Machine translationRead the Arabic original
The Shaykh : Please go ahead.
The questioner : May Allah reward you. An employee at the company worked on a company holiday; the company was closed on that day.
The Shaykh : As per the system, meaning.
The questioner : Yes, as per the system, but he worked and they did not pay him wages for that work, and he did not demand it from his direct supervisor. Then the company made an error in his calculations during one of the holidays for a specific amount, and he remained silent. He came to ask us: Should I remain silent about this error and take it based on my right for the day I worked, or should I go to... I say, you made a mistake, take your money, and my right for the day I worked is lost?
The Shaykh : Yes, as I understand it, it is company policy that if a worker works on a holiday, he is compensated by being paid the wage for that day.
The questioner : Yes, except that his manager did not give it to him; he did not write down an amount for him.
The Shaykh : After this introduction, I say that the answer to the core of the question is the saying of the Prophet (peace and blessings be upon him)Jami` at-Tirmidhi 1264Da'if (Darussalam) Jami` at-Tirmidhi 1264Da'if (Darussalam). This responsible manager, who was supposed to pay the wage for that day and did not do so, has undoubtedly not delivered the trust to its owner. So when it becomes clear to this employee that there is an excess in the company's account over what is his right, he should not treat the manager in the same way, due to the hadith mentioned earlier Jami` at-Tirmidhi 1264Da'if (Darussalam). This is the first point. Then, in my opinion, it is very rare for the error by the accountant in the company to be exactly equivalent to the error committed by the company manager. If it were the same, and that is a fantasy, or if it were less, and that is possible, then what was mentioned before applies: it is not permissible to treat him in kind. But usually, it is more. In that case, if it were permissible to treat him in kind, the saying of Allah the Exalted would apply: [Al-Baqarah 2:194]. This is transgressing against him with more. Therefore, it is not permissible, and he must return the excess by the method known to them legally. This would be more honorable for him and more in accordance with the Shari'ah, and it may be a means and a way to reach his suppressed right.
The questioner : May Allah reward you. An employee at the company worked on a company holiday; the company was closed on that day.
The Shaykh : As per the system, meaning.
The questioner : Yes, as per the system, but he worked and they did not pay him wages for that work, and he did not demand it from his direct supervisor. Then the company made an error in his calculations during one of the holidays for a specific amount, and he remained silent. He came to ask us: Should I remain silent about this error and take it based on my right for the day I worked, or should I go to... I say, you made a mistake, take your money, and my right for the day I worked is lost?
The Shaykh : Yes, as I understand it, it is company policy that if a worker works on a holiday, he is compensated by being paid the wage for that day.
The questioner : Yes, except that his manager did not give it to him; he did not write down an amount for him.
The Shaykh : After this introduction, I say that the answer to the core of the question is the saying of the Prophet (peace and blessings be upon him)
Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أدّ الأمانة إلى من ائتمنك ولا تخن من خانكFulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أدّ الأمانة إلى من ائتمنك و لا تخن من خانكFulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أد الأمانة إلى من ائتمنك ، و لاتخن من خانكSo whoever has assaulted you, then assault him in the same way that he has assaulted you
فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
