Labour welfare is an important dimension of industrial relations; labour welfare includes the overall welfare facilities designed to take care of the well-being of employees and in order to increase their standard of living. It does not generally constitute monetary benefits nor are these provided by employers alone, for it can also be provided by the government, non-government agencies and trade unions. Industrialisation, mechanisation and globalisation have increased the importance of labour welfare in industries. The importance of labour in industrialisation and economic development has been recognised globally. In global scenario the need and importance of labour welfare has been increasingly appreciated.
Both physical and intellectual labour have been emphasised in Islam. The Qur’ān refers to manual labour when it talks about the construction of the boat by Prophet Noah, tending to sheep by Prophet Moosa and building of a wall by Zul-Qarnain. The Qur’ān also refers to intellectual labour when it relates to the story of Prophet Yusuf who was appointed in-charge of the treasures of Egypt by its king.
Before the times of the Prophet (peace and blessings of Allah be to him), labour was mainly provided by slaves. Slaves worked in commerce, agricultural sector and in household while fruits of their labour were enjoyed by their masters. The treatment given to slaves was very inhuman and cruel. They were kept ill-clad, ill-fed and mal-treated. The Prophet not only restored their human dignity but also raised their status to the level of brothers and colleagues.
Islam recognises the fact that wealth is jointly produced by labour and capital. Since labour is in a comparatively weaker position, Islam has taken many measures to protect its rights. Rights of labour are in fact duties of the employer and vice versa. The following are principles given by Islam with respect to labour welfare:
i. Earning from Labour: Prophet Muhammad (peace and blessings of Allah be to him) gave importance to the earning of a person through his labour. He once said, “Never has any one eaten a better food than what he has eaten out of the labour of his own hands; and Dawood, the Prophet of Allah, used to eat out of the labour of his own hands.” (Bukhari)
ii. Writing the Agreement: It is recommended by Islam that all contracts be put in black and white. Stressing on the importance of writing down a contract, the Qur’ān says, “…And do not be (too) weary to write it, whether it is small or large, for its (specified) term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you….” (Qur’ān 2:282)
Although the instructions of the Qur’ān in this ayah pertain to business transactions and contracts of debt, but in fact they are applicable to every type of contract. Thus it would be most appropriate if contract of service between an employer and an employee is also put in writing and all the terms settled between the parties are recorded in this contract. It is equitable in the sight of Allah and it would help resolving differences or disputes which may arise in future between the employer and the employee.
The Qur’ān itself talks of a contract of service in the story of Prophet Moosa. When after leaving Egypt Moosa reached Midian and helped the daughters of Shuaib, Shuaib called him and offered him employment which was accepted by Moosa). Allah says in the Qur’ān, “He said, Indeed, I wish to wed you one of these, my two daughters, on [the condition] that you serve me for eight years; but if you complete ten, it will be (as a favour) from you. And I do not wish to put you in difficulty. You will find me, if Allah wills, from among the righteous.” (Moses) said, “That is (established) between me and you. Whichever of the two terms I complete – there is no injustice to me, and Allah, over what we say, is Witness.” (Qur’ān 28:27-28)
In the above mentioned ayats the Qur’ān not only makes mention of the terms of service settled between two righteous men of Allah but also points out that both the parties of the contract are to resolve to the fulfilment of its terms and make Allah surety over it. The employers and the employees of today should follow this example and should not only write down the terms and conditions of service but should also express their determination to fulfil the same. It would help them in resolving their mutual disputes and thus make their life peaceful and prosperous.
iii. Fixing of Wages: Labour is a very important factor of production and its remuneration is called wages. The problem of wages is very important as it affects the whole society. If workers do not get fair and reasonable wages, it will not only affect their subsistence but also their purchasing power. And if large portions of population like labourers have no purchasing power, it would adversely affect all the industries which are supplying consumer goods to the working class. Moreover, injustice to the working class would lead to discontentment, frustration, agitation and strikes. Thus, if labourers are deprived of their just share from the national income, it would in the long run be an economic suicide for the country.
Islam offers a very reasonable solution for wage problems which is based on justice and fairness and protects the interests of both the employer and the employee. Wages, according to Islam, are to be determined in an equitable manner, without harming the interests of any party.
Allah says in the Qur’ān, “Indeed, Allah orders justice and good conduct…” (Qur’ān 16:90) and the Prophet (peace and blessings of Allah be to him) said, “They (your slaves or servants) are your brethren, Allah has placed them under your control; so whoever has his brother under his control should feed him from what he (himself) eats and give him clothes the like of which he (himself) wears; and do not impose on them task which should be too hard for them, and if you impose on them such a task, then help them (in doing it).” (Bukhari and Muslim)
Thus, the employer and the employee should treat one another as brothers and not as master and servant. They should not wrong each other and show justice and kindness in their relationship. The employer should not forget that contribution of the labour in his produce is considerable. He should, therefore, pay reasonable wages to an employee to enable him to enjoy a reasonably decent living.
The minimum wage rate in a society should be determined by keeping in view the basic human needs which include food, clothing and house. A worker shall be paid adequate wages so that he can meet the expenses of his and his family’s food, clothing and house. He should also provide for his children education and medical treatment. It is reported that Prophet Muhammad (peace and blessings of Allah be to him) used to prescribe minimum wages of a person engaged for some government job with a view to provide him with a decent living. He used to say, “For a Government servant, if he is not married, he should get married; if he has no servant, he may have one; if he has no house to live in, he may build one and anyone who exceeds this limit is either a usurper or a thief.” This yardstick fixed by the Prophet should be kept in view while fixing minimum wages.
Employers are also required to fix wages before labourers are employed. It was declared unlawful to employ any labourer at work without fixing his wages. It is reported by Abu Saeed Khudri that the Prophet had forbidden employing any labourer or worker without first fixing his wages.
iv. Payment of Wages: Islam encourages employers to pay wages to labourers as soon as the work is done and guarantee him wages once he does the work. About the prompt payment of wages, the Qur’ān, while referring to the story of Moosa, when he fled from Egypt and went to Midian where he helped two women in watering their fleet of sheep and was paid his wages promptly by their father. Allah says in the Qur’ān, “Then one of the two women came to him walking with shyness. She said, ‘Indeed, my father invites you that he may reward you for having watered for us.’ So when he came to him and related to him the story, he said, ‘Fear not. You have escaped from the wrongdoing people’.” (Qur’ān 28:25)
The Prophet said, “Allah said, There will be three persons whose opponent I shall become on the Resurrection Day, a man who gave in My name and then broke trust, and a man who sold a free man and enjoyed his price, and a man who engaged a labourer and enjoyed full labour from him but did not pay him his wages.” (Bukhari) The Prophet also said, “Pay the labourer his wages before his sweat dries up.” (Ibn Majah) The hadith had two interpretations; one, to pay the wages as soon as the work is done and the other, to guarantee the wages of the employee once he has performed the work.
v. Obligations of Labour: The obligations of labour are in fact the rights of the employer. It is the basic obligation of the worker to fulfil the terms of his part of the contract of service. He should discharge all of his duties in accordance with the terms and conditions of his service efficiently and honestly. He should be devoted and committed to his job. If he is provided with some in-service training to improve his skills and qualifications, he should wholeheartedly benefit from the training facility and leave no stone unturned to improve his knowledge and skill. He is morally bound to remain loyal and sincere to his employer and no temptation or bribe should induce him to work against the interest of his master. In case he is entrusted with the property of his employer, he should prove trustworthy and should neither embezzle nor damage such property.
Prophet Muhammad (peace and blessings of Allah be to him) said, “When a slave sincerely works for his master, and worships (his God) well there is for him double reward.” (Bukhari) He also said, “How excellent is (the slave) which one of you has? He worships his Lord well and is a well-wisher of his master.” (Bukhari)
Physical fitness is very essential for the efficiency of a labour. A strong and healthy worker would be more productive and efficient than a weak and sickly one. Similarly, a trustworthy and honest worker who realised his duties will be more committed and responsible than a dishonest one. These qualities have been prescribed by the Qur’ān for an ordinary labour in the story of Moosa, where Allah says in the Qur’ān, “One of the women said, ‘O my father, hire him. Indeed, the best one you can hire is the strong and the trustworthy’.” (Qur’ān 28:26) Thus a worker should be both physically strong and trustworthy and should serve his employer diligently, efficiently and honestly.
For a mental worker, it is essential that he should have knowledge and skill and thus be able to serve in a position of responsibility to the satisfaction of his employer. These qualities have been stressed when the Qur’ān relates the story of Yusuf, who was appointed in-charge of storehouses of an Egyptian empire. Allah says in the Qur’ān, “(Yusuf) said, ‘Appoint me over the storehouses of the land. Indeed, I will be a knowing guardian’.” (Qur’ān 12:55) Thus qualifications of skill and trustworthiness would enable the worker to discharge the duties of his office with professional competence and integrity.
vi. Treatment with Labours: In the sight of Islam all men and women are equal. Islam has established brotherhood, fraternity and equality among the Muslims and has abolished all distinctions between man and man based on race, colour, language, nationality or wealth. In Islam rich or poor, white or black, employer or employee, Arab or non-Arab, wealthy or worker, are all equal as all human beings hail from the same stock and belong to the same parents.
The Prophet (peace and blessings of Allah be to him) said, “Your brethren, Allah has placed them under your hands; whosoever’s brother Allah has placed under his hands, let him feed him out of what he himself eats, let him clothe him out of what he clothes himself with; and let him not be entrusted with a work which will overcome him. If he entrusts him with what will overcome him, let him assist him therein.” (Bukhari and Muslim)
The Prophet treated his servants as members of his family. It has been reported by Anas that he served the Prophet for a long time and the Prophet treated him well and never even said ‘uff’ (an expression of condemnation) to him. The Prophet was also so kind to his servants that if any of them was sick, he would visit him and enquire about his health.
The Prophet also enjoined upon his followers not to burden their labourers with heavy work which is beyond the physical strength of the latter to do. If the work is heavy and the labourer cannot do it, the employer should help him in doing the work.
Rights of a labourer include that a labourer should be treated as a human being and not as a beast of burden; that dignity and respect should be attached to labour and work; that reasonable wages should be fixed at the time of employment, and that wages should be promptly paid. All these rights were given by Islam to the labour some fourteen hundred years ago when there was no concept of such rights, there were no labour unions, there were no charters of demand, there was no labour movement and there was no concept of collective bargaining.