Fatwa #1599411 December 2007South Africa
I retrenched my rep
Question
SLM
I HAVE A REP WHO I HAVE HAD TO RETRENCH DUE TO FINANCIAL REASONS.I HAVE PAID HIM OUT BASED ON HIS BASIC SALARY BUT HE CLAIMS THAT THE FUEL AND CAR ALLOWANCE ALSO NEEDS TO BE PAID TO HIM AS IT WAS PART OF HIS SALARY.IS THIS RIGHT AS I DONOT WANT TO BE UNJUST TO HIM BUT THE FUEL ALLOWANCE AND CAR ALLOWANCE WAS GIVEN TO HIM TO DO THE JOB AND WAS NOT FOR HIS OWN POCKET.PLEASE ADVICE.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
There could be many possibilities to this query. Since we do not know the conditions of his employment with you, we cannot comment on the issue. You may forward us a copy of the employment contract in order for us to arrive at a Shari ruling.
And Allah knows best
Wassalam
Mufti Ebrahim Desai