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Fatwa CenterHer employer changed former agreements with her
Question
Dear Sheikhs, as-salamu'aleikum, I've been working at an English language institute for many years, and apart from a couple of hours of teaching when my children are at school, I've always been responsible for writing exams for the institute. When, recently, the management changed, I signed a contract in which I was officially given the position of testing team leader. My exact job description, however, was written down but not yet signed. Then, suddenly, the manager was changed and although the contract I signed is still valid, she has now decided to take away many of my responsibilities. I used to do most of my work at home, but now she wants me to work at the institute which is impossible for me because I have children to take care of. THis affects me badly in working hours and, consequently, in my salary. Since she is changing former agreements, I see no other option than to leave this job. My question has two parts: 1. I have some books at home that belong to the institute. I needed them to write tests and nobody knows exactly which books I have. Am I allowed to keep these as a compensation? 2. Would it be OK in the sight of Allah to sell the exams I have written or to give them away to others, also as a compensation for the bad treatment I was given? Please advise me in this matter as I feel very upset but don't want to commit any sins. Please note also that although I am a woman, I have to work because I have nobody to take care of me and my children.
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.
Being dismissed from work and experiencing a bad treatment from the employer do not make it permissible for you to take the money of the employer or cheat him. Rather, one should look at the nature of the contract which you signed with the institute, and whether or not it was accepted by the administration concerned.
In any case, your situation is one of the following:
-
If you have entered a contract with the institute by which you would work in the institute for a given period, then you are a special employee (i.e. an employee who works for one employer for a known period and a well-defined service) and you deserve the wages agreed upon. In order to deserve the wages, you should be present at the institute for work and a deduction from your wages will be according to your absence from the work that is agreed upon.
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If you signed a contract with the institute to carry out a specific work from home, then you are a general or public employee and you deserve the fees by carrying out the work assigned to you.
In both cases, if the institute refuses to pay your fees and you are not able to take your right from them openly, then it becomes permissible for you to take items from the institute that are at hand according to your right, but it is not permissible for you to transgress in taking your right (you are only entitled to take your right and nothing more). However, selling the tests is considered as a transgression because tests should be a secret and they should not be seen by anyone except at the time of the test. However, if these tests are not so, then you are entitled to sell them in order to get back your right from their price and whatever exceeds your right, you should give it back to the institute.
Allaah Knows best.
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