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Fatwa CenterRights of employee in unjust work environment
Question
Dear Sir, my question is related to the rights of employees in Islam in an unjust environment. It was agreed with my employer that salary increments would be based on the performance of the individual after a probation period of six months. I have performed to an extent that they always commend me for my work. Even after having improved the company, one year has passed, and they still keep saying that they will increase my salary, but they have not done so so far. They just keep dragging it. Sometimes, they say that I deserve an increment but that if they pay me they think that other employees will get demotivated. I was recruited to do procurement work, but I am doing all the logistics work in addition to the procurement work. For the logistics, I apply my own knowledge in dealing with inefficiencies and have reduced the costs of the company. (This is an added work that I am doing.) In such a situation, and given that I am involved in logistics operations, I have discovered a path to make my own earnings in a hidden way, without harming the company's profit; rather, it can increase the company's target profit as well. That would be done by me working extra and putting in more efforts. Since my company is not paying me a fair salary, can I reduce the company cost and share that added benefit between the company and me in a hidden way? If I do this, the company will also benefit. If I tell my management about this, they will ask me to work even harder and do it, but I will not get any share for sure. (Note: I was not recruited to do this and I am hoping to do this beyond my working area.) If I get my share, I can also compensate ground line employees who are being paid a very low salary though they deserve a better salary. They are being cheated. All in all, it is as if I would do the work of a third party company and that company would pay them. I would rather do that work in a hidden way and charge less to the company. Can I earn this way. Is it halal?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad 
is His slave and Messenger.
First of all, we ask Allaah to reward you for seeking lawful means of sustenance and fearing to commit what is forbidden; indeed you did well. A soul will not die until it consumes its provision and completes its appointed time. Abu Umaamah 
narrated that the Prophet said, “The Holy Spirit (Jibreel [Gabriel]) has inspired to me that no soul will die until it has completed its appointed term and received its provision in full; so fear Allaah and be moderate in seeking sustenance, and no one of you should be tempted to seek sustenance by means of committing sin if it is slow in coming to him, for that which is with Allaah can only be attained by obeying Him.” [Abu Nu’aym - Al-Albaani graded it saheeh (sound)]
Al-Munaawi said in Faydh Al-Qadeer (while explaining the hadeeth), “(Fear Allaah) means that you should trust His guarantee, but He ordered us to seek it from His Lawful provision; it is for this reason that He said, 'and be moderate in seeking sustenance;' i.e. seek it with good and lawful ways without exhausting yourself on getting it in an unlawful or suspicious manner.”
As regards what you mentioned about your employer failing to fulfill their promise to increase your salary although you carry out voluntary work that is not among the requirements of your work duties, then this does not allow you to take anything from your work without their authorization as this would constitute a betrayal and is not permissible because this is consuming their wealth unjustly. Allaah says (what means): {O you who have believed, do not consume one another's wealth unjustly.} [Quran 4:29]
So do not do that, and when the duration of the contract between you and the company ends, it is your right to refuse to renew the contract unless they increase your salary. Also, you may refuse to do additional work that is not part of your work duties agreed upon in the contract or according to customary practice unless they pay you a fee in return for doing it.
If you do this additional work voluntarily without asking for a fee, then you are not permitted to take anything without their knowledge, even if there is a profit for your employer in what you do.
Allaah knows best.
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