Dear User, Assalamu Alaikum,

“The reciprocal rights of an employee and an employer” is one of the most important subjects of the Shia Fiqh, which is discussed in the books of rent and contracts somehow that neither the rights of the employee nor the rights of the employer gets spoiled.

The first thing that is emphasized in these cases is having a “contract” and specifying the amount of employee’s salary. Prophet Mohammad (p.b.u.h.) prohibited getting an employee to work before specifying his salary.[1] Imam Sadegh (p.b.u.h.) said: The one who believes in God and the Day of Judgment never gets work from his employee before specifying his salary.[2]

Another point that has to be considered in a contract (either rent or work contracts) is for both sides to fulfill the obligations written in the contract. The Holy Quran says: “O you who have faith! Keep your agreements...”[3] And at another place in the Quran it states: “And fulfill the covenants; indeed all covenants are accountable”[4]

Also Prophet Mohammad (p.b.u.h.) has said: “Muslims, fulfill your contracts”[5]

Therefore whatever is considered a condition in a contract must be respected and fulfilled by both parties. And if one of the parties does not observe even one of the conditions, then other party has the right to make a complaint or can annul the contract. This is known as “privilege in event of violated conditions”.[6]

The other point that Islam emphasized on, is giving the employee’s salary as soon as possible. Imam Sadiq (p.b.u.h.) said: “Give a worker his wage before his sweat dries.”[7] He also says: “The employer is the guarantor of the employee’s pay, until he is paid.”[8] So Islam has stressed making a contract between the employer and the employee and also fulfilling obligations, and Islam does not condone negligence from either party.