Can the employer pay nil for unpaid overtime?
Question:
Assalamualaikum, Chaplain.
I want to ask. My employer is very kind. But when I got paid in October 2020, I should have gotten overtime pay on October 26, but it wasn't given.
He said that it was not a domestic worker holiday. Meanwhile, my friends got it and said it was a day off for domestic workers.
What I am asking is that I am holding onto my employer's spending money, which is quite a lot. When it comes to shopping, the employer never asks for the calculations or never asks for the totals. So, for shopping I am free to use the money, whatever, not limited.
Because I am ashamed to ask about the October 26 overtime pay, can I take my rights to the October 26 overtime pay from my employer without knowing it?
Thank you, Ustadz.
Salam,
Fulanah
Answer:
Wa'alaikumussalam warahmatullahi wabarakatuh.
Basically, work is a jihad fi sabilillah because it includes a person's struggle to get assets that will later be allocated for his family. There is no single job that is free from slander, trials, or risks, especially working in a country far away from one's own country. Of course, there are many differences that we must be prepared to face.
It is an obligation for the employer or employer to provide the right to a salary in accordance with the agreement, not even to delay, as there is a hadith from Abdullah bin Umar RA that the Prophet Muhammad said: "Give to a worker his wages before his sweat dries." (Narrated by Ibn Majah).
This means that giving workers the right to a salary must be done immediately and must not delay it if they are able.
As for the problem of taking part of the employer's assets without his knowledge, because he does not provide an appropriate amount of salary according to the law, is not classified as a thief, because he took what is his right. This is based on the story of Hindun bint Utbah who complained to the Prophet Muhammad about her husband, Abu Sufyan bin Harb, who was stingy so that he did not provide a proper living for his family. Rasulullah also said: "Take it for you and your children sufficiently (with makruf)".
However, in the case of an employer who does not fulfill the wages according to the agreement, it would be better if we resolve it in good deliberation by involving parties who can play a role in finding a way out.
God knows best, bish-shawab.
Regards!
Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH
Editor's Note: Hong Kong has 12 public holidays which also apply to Indonesian migrant workers as domestic workers. The name, statutory holidays.
In 2020, one of these holidays, namely the anniversary of the Chung Yeung Festival which falls on October 25, coincides with Sunday / Sunday / Sunday. This means that if an Indonesian migrant worker usually gets weekly / weekly rest on Sundays, then if he has a holiday on October 25, 2020, that is the right to take a weekly holiday.
Then, what about the Chung Yeung Festival holiday rights? Automatic, shift to Monday, October 26, 2020, and must still be given by the employer. If the employer continues to work on October 26, according to Hong Kong regulations, the employer must change his / her day off to another day.
But if the weekly holiday is not on Sunday, then on October 25, 2020, it is given a holiday, then it means that the holiday on that date is the right to have a day off on the Chung Yung Festival.
Friends of Migrants want to consult about Islamic religious issues and life issues?
Come on, submit the question via a WhatsApp message to the number + 852 52982419.[DDHK News]
