Answered by Mawlana Qasim al-Muradabadi
I was signing a contract for a specialized training center as an educator here in Germany. I was given a contract detailing the wage, the hours of work and that I was expected to fulfil the roles described in the attached job description. There was a separate sheet detailing the policy of the center. Amongst other things it stated that the employee may not tell other employees of his salaryas each instructor or educator has differed skills, jobs, and responsibilities. Should he do so, he will be fined. Is this a condition or a promise? How does it affect the contract? Is it binding?
Walaikum assalam wa rahmatullah,
Mufti Mahmoud Ashraf Usmani was asked about this issue. He replied that this does indeed count as a promise and not as a condition.
[the questioner asked if this was because it was on a separate sheet]
He answered:
Yes this as well but also because it has no relation with the essence of the contract.
One should abide by this promise if one consents. If however one does go against one’s promise and tell others of one’s wage it will not affect the contract in any way, one’s income is still halal.
One cannot be made to pay any fine as this is monetary punishment (ta’zir bi al-mal) and the employer has no authority to do this.
And Allah alone gives success.
See attached answer(s).
Can we use non-compete clauses in our work contracts?