30.1 雇员
30.1 The Employee
雇佣合同或受雇合同,涉及劳动利益与人身利益,其中与雇员相关的一方,即是受雇者。受雇者即是将自己出租者。沙里阿允许雇佣人,以其所产生的利益为标的,如服务之类;或以其劳作所产生的利益为标的,如绘画、染色、工程之类。 订立雇佣合同,要求订约双方具备资格,即双方都必须神志清醒且具有辨别能力。精神失常者的雇佣不成立,未成年儿童的雇佣也不成立。雇佣合同若要成立,双方的同意是其有效的条件;所订立的标的,即利益,必须是明确可知的,以免引起争议。对于雇员所提供服务的认定,有时通过说明期限来实现,有时通过限定利益范围来实现,有时通过详细描述所需工作,明确雇员将做什么,或明确其将如何工作来实现。因此,被胁迫者的雇佣无效,对未知利益的雇佣同样无效。
The contract of hiring or employment which came upon the benefit of work and the benefit of the person is the one which relates to the employee. The employee is one who hires himself. The Shar’a has permitted the hiring of the human being for a benefit resulting from him like service and the like or the benefit resulting from his work like painting, dyeing, engineering and the like. In order to contract the hiring, the fitness of the two contractors is a condition for its contracting such that each of the two should be sane and possessing discretion. The hiring of the insane is not contracted, nor the hiring of an immature child. If the hiring contracts, the consent of the two contractors is a condition of its validity, and that which is contracted upon— which is the benefit—be known in a way that prevents dispute. This knowledge of the service, in relation to the employee, at times is by explaining the period, at times by limiting the benefit or describing the required work in a detailed description and specifying what the employee will do or specifying how he will work. Accordingly, hiring the compelled person is not valid nor is the hiring of an unknown benefit valid.