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Fatwa CenterHis employer changed his contract terms without his consent
Question
Assalaamu alaikum, When I was hired last year within a few days I signed a 2 year contract. The contract agreed to certain days of pay, a certain salary, etc etc The employer made "a mistake" and wanted to change the contracts of all employees. Because i signed my contract earlier than the other employees the clauses the employer wanted to change were not in the contract of the other employees. Somehow my contract became missing. I didn't have a copy of the original, the employer conveniently "misplaced" the contract and demanded that a new contract be signed ( without me reading it) The employer insisted that it was the same (although it was not). (I refused to sign without reading it.) The employer didn't want to pay employees for a half of a month that I worked and so I insisted upon and was paid. My question is . . . Am I, the employee, still bound by this 2 year contract? Must I remain employed at this organization until the end of the 2 year term or Am I free to leave any time ? Jazak Allah khair
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Since there is no agreement between both of you to invalidate the first contract and sign a new contract, then the matter is as it was before, and losing the first contract does not have any effect on this.
However, if you and the employer agree to invalidate the contract or minimize its duration or change any article in it, then this is permissible, otherwise each one of you is bound to abide by what is agreed between both of you, as the hiring contract is a binding contract (i.e. neither party may terminate or alter it without the other’s consent).
Indeed, we have already clarified in Fatwa 96993 the consequences if an employee does not abide by what is agreed upon, like him leaving the job during the contract period without the consent of the second party (the employer); so please refer to it.
Allaah Knows best.
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