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Fatwa CenterNot paid the minimum wage by his employer
Question
Please answer me for these two matters. 1) I work in a shop 80 hours a week but the owner never pay me the money as per the minimum wage in this country at least and I never get day off or any other benefits. So is it allowed to take the money from the shop as per the minimum wage at least? At the same time he has more benefit from me that a legal employee. 2)Or do I have to go employment court to get my rights as per this country. If I go there it may cost him a lot with legal fees and so many more. So what I have to do now? He is using me for less money if I demand he will sack me from work.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Your case with this employer is one of the following:
1) If you have agreed in a contract with him on specific wages and you were pleased with it, then you do not deserve more than what you have agreed upon. It is not permissible for you in this case to steal the money of the company on the grounds that the wages are not appropriate, or that the employer is exploiting you. A Muslim should meet the terms of the contract as the Prophet 
said: "Muslims should fulfil their conditions.'' [Abu Daawood].
2) If the employer has not agreed with you on specific wages: in this case you deserve the same wages as another person who does exactly the same job like you, as the wages are not determined and you are entitled for these wages for the entire previous period you worked for him. So you are allowed to ask him to increase your pay if it is below the amount that another worker who does the same job gets. If he refuses to increase your pay and there is no other alternative than taking your matter to a non-Islamic court, then do so. However, you are only entitled to take what you are religiously allowed to, and in case the court rules that the employer should give you more money than what you deserved, then it is not permissible for you to take it.
Finally, the following two matters should be mentioned:
1) Allaah's earth is spacious; if it is difficult to earn one's living in one place, Allaah may make it easy for you in another place.
2) In principle it is not permissible to take a matter to a non-Islamic court except in case of a necessity.
Allaah Knows best.
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