Fatawaa

Subject : Worker Demanding Employer to Pay Additional Stipends and Social Security Benefits Imposed by Employment Act
Fatwa Number : 365
Date : 25-11-2009
Classified : Leasing
Fatwa Type : Search Fatawaa

Question :

Someone who is working with a trader decided to quit after two years. Does this worker have the right to demand employer the additional stipends and the social security benefits imposed by the Employment Act? This is knowing that there is no prior agreement between the two on this.



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

If the employer is aware of the additional stipends and insurance imposed by the state and understands-upon concluding contract with the employee-that this is part of the latter`s entitlements, then it is permissible for the worker to make this claim because it is implied in the contract. However, it is more prudent not to make such claim. And Allah The Almighty Knows Best.






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