Taking one’s employer to the CCMA
Q: I was working for a muslim company for 9 months 1 day. My boss came and started swearing and he assaulted me and chased me from the shop. I opened a case against him and we went to court. I even took him to ccma and uif department. I even had to get a lawyer. But I have dropped all cases against him but ccma is still handling my case. I just want to know if the money would be halaal for me. I used to work Sunday to Sunday with one weekend off in a month. I used to work on public holidays with no extra pay. Plus when he chased me he owed me my 3 days wages. Yesterday was my ccma case and he now has to pay me R5500. So I want to know if I can use the money for all the cost he put me through and the way he unjustly took me out of my job. Please let me know.
A: The way you were treated was undoubtedly unfair and unjust. However, in Shari’ah you are only allowed to take payment for the days you worked.
And Allah Ta’ala (الله تعالى) knows best.
باب ضمان الأجير : قال الأجراء على ضربين أجير مشترك وأجير خاص فالمشترك من لا يستحق الأجرة حتى يعمل كالصباغ والقصار لأن المعقود عليه إذا كان هو العمل أو أثره كان له أن يعمل للعامة لأن منافعه لم تصر مستحقة لواحد فمن هذا الوجه يسمى مشتركا (الهداية 3/ 308)
Checked & Approved: