30.6 员工的类型
30.6 Types Of Employees
雇工分为特定雇工(خاص)和普通雇工(عام)。特定雇工是指为某一人或多人专门工作,或在约定期限内进行定期工作并有明确约定的人,也就是说,他被专门分配给雇主一人,在整个雇佣期间不得为他人工作。例如,某人或多人雇佣一名厨师专门为其烹饪,并约定了期限,这名厨师便是特定雇工。普通雇工是指不持续工作或临时工作,且没有对自己约定专属的人,也就是说,他并不专属于雇主,允许他为雇主以外的人工作。如果有人雇佣一名家具木匠,但没有约定他不得为别人做活,那么他便是普通雇工,无论是在雇主家中工作还是在他自己的地方工作,也无论是否为其规定了做活的时间。
The employee is divided into the specific (khaas) and the common (aam). The specific employee is the one who works for some one specifically or more in periodic work with specification i.e. he is the one assigned exclusively to the employer alone and is prevented from working for anyone else throughout the period of hiring. For example if one person or more hires a cook to cook for him specifically together with specifying the period, this cook is a specific employee. The common employee is the one who does not work constantly or works temporarily without stipulating specification upon himself i.e. he is the one not assigned exclusively to the employer. Rather it is permitted for him to work for other than the employer. If he were to hire an carpenter of house furniture without stipulating upon him that he should not upholster for another, then he is a common employee whether he was in your house or in his place and whether a time for upholstery was specified for him or not.
特定雇员通过在约定期限内将自身交付,并具备工作能力以履行其所承担的职责,便有权获得报酬,无论他是否实际完成了工作。他获得报酬的依据是期限,而非工作成果。因此,在雇佣期间,他不得为雇主以外的人工作。如果他为他人工作,其报酬将按其工作量相应减少。 普通雇员则是根据具体的工作获得报酬,例如缝纫、木工、油漆、水手等。他获得报酬的依据是工作,而非期限。
The specific employee deserves the wage by delivering himself in the period to discharge what he is charged with together with his capability in the work, whether he performed the work or not. His deservance of the wage is according to the period not according to the work. Therefore it is required from him not to work in the period of the hiring for other than his employer. If he worked for someone else, his wage is reduced in proportion to his work. The common employee deserves the wage upon the exact work like sewing, carpentry, painting; sailor etc. His deserving the wage is according to the work not according to the period.
特定雇员与普通雇员在担保责任上的区别在于:特定雇员属于受担保的一方,因此若物品在他手中被毁坏,而非出于他的过失或疏忽,他不负责任。至于普通雇员,则分为两种情况:他或者以自己的行为毁坏了某物,或者并非以自己的行为毁坏。若物品是因他的行为而毁坏,无论他是故意还是无意,他都要承担担保责任。若物品并非因他的行为而毁坏,则需要考虑:如果这是无法防范的事情,他不负责任;而如果这是可以防范的,而他却没有防范,那么他就要负责任。这是因为,特定雇员所经手的东西,即便在他手中,也是处于雇主的支配之下,而不是处于雇员的支配之下;因此他的手是受托人之手。与此相反,普通雇员所经手的东西处于他自己的支配之下,即处于雇员的支配之下,而不是雇主的支配之下;因此他的手不是受托人之手,而是支配者之手。
The difference between the specific employee and the common employee in relation to the guarantee is that the specific employee is guaranteed so if something is destroyed in his hands accidentally and without his fault and negligence, there is no responsibility upon him. As for the common employee, either he destroys something by his action or not. If something is destroyed by his action he guarantees it whether he destroyed it deliberately or not. If something is destroyed without his action, it is considered. If it is something which is not possible to safeguard against, he is not responsible. Whereas if it is possible to safeguard against and he was not safeguarding, he is responsible. This is because the thing, in which the specific employee works, even if it is under his hand, is under the disposal of the employer not under the employee’s disposal. Accordingly his hand is the hand of the trustee contrary to the common employee where the thing he is working with is under his disposal i.e. under the employee’s disposal not under the employer’s disposal. Accordingly his hand is not the hand of the trustee but rather the hand of a disposer.
两者在获得报酬的权利上的区别在于:特定雇员只要在雇佣期内并且到岗工作,就应得报酬,实际工作并不是条件。普通雇员则只有通过完成工作才应得报酬。 特定雇员的雇佣期限或者在合同中有明确规定,或者没有规定。如果没有规定,该合同因其中的不确定性而无效。双方当事人中的任何一方都可以随时使其失效,而雇员则应得其服务期间的等值报酬。 如果合同中有规定期限,而雇主在期限结束前使雇佣失效,且雇员并无导致失效的借口或缺陷,例如疾病或工作能力不足,那么雇主有义务向雇员支付报酬直至期限届满,无论该雇员是仆人、农业工人还是其他人员。然而,如果雇主是因雇员身上出现的、导致失效的借口或缺陷而使雇佣失效,那么雇主只需支付至雇佣失效之时的报酬,而无须支付其后的部分。
The difference between the two in relation to deserving the wage is that the specific employee deserves the wage if it is the hiring period and he is present for work, and his actual work is not a condition. The common employee does not deserve the wage except by work. The hiring period for the specific employee is either specified in the contract or unspecified. If it is not specified, the contract is invalid due to its ignorance. Each one of the two contractors may invalidate it at any time they wish, and for the employee is the comparable wage for the period of his service. If it is specified in the contract, and the employer invalidates the hiring before the end of the period and there is no excuse or defect in the employee obliging the invalidation like his illness or weakness in work, it is obliged upon the employer to pay the employee his wage to the completion of the period whether the employee was a servant or a farm worker or other than that. However if he invalidated the hiring due to an excuse or defect appearing in the employee obliging the invalidation, there is nothing upon him in paying the wage except till the time when the hiring was invalid