5.9 谁是雇员?
5.9 Who is the Employee?
伊斯兰教法(Shar’a)将雇员定义为:为获取报酬而工作的任何人,无论雇主是个人、团体还是国家。因此,"雇员"一词适用于从事任何类型工作的所有人。
The Islamic Shar’a defines the employee as every person who works for a wage, whether the employer is an individual, or a group, or a State. So the term employee applies to everyone who works in any type of work,
在国家的雇员与他人的雇员之间,神圣的律令并无区别。因此,无论是国家的雇员、团体的雇员,还是个人的雇员,他们都是工人,劳动法规同样适用于他们。换言之,他们每一个人都是雇员,雇佣的规定也适用于他们。农夫是雇员,仆人是雇员,工厂里的工人是雇员,商人的职员是雇员,公务员也是雇员,他们每一个人都是工人。这是因为雇佣合同所针对的是资产的利益、工作的利益或人身的利益。如果它针对的是资产的利益,那么雇员这一主题就不包含在其中,因为他与此毫无关系。如果它针对的是工作的利益,例如为某些工程雇用工匠,或者它针对的是人身的利益,例如雇用仆人和工人,那么这些便与雇员相关,而雇佣这一主题所适用的正是此类情形。
with no difference in the divine rule between the employee of the State and the employee of others. So concerning the employee of the State, the employee of the group, and the employee of the individual, each of them is a worker, and the laws of labour apply on them. In other words each of them is an employee and the rules of hiring apply on them. So the farmer is an employee, the servant is an employee, the workers in factories are employees, the clerks of merchants are employees, the civil servants are employees, and every one of them is a worker. This is because the contract of hiring is over the benefits of the assets, the benefit of the work or the benefit of the person. If this were to be applied on the benefits of the assets then the subject of the employee is not included in it, as he has no relation with it. If it were to be applied on the benefit of the work such as hiring a craftsmen for certain works, or if it applies on the benefit of the person such as hiring servants and workers, then these relate to the employee, and this is what the subject of employment applies upon.