Q. Suppose that an employee’s job allows him to arrange subcontracting some of the work of his company, and the subcontractor pays him discreetly some commission without his asking for it. Is such commission permissible to take?
(Name and address withheld)
A. The Prophet (peace be upon him) says: “Abandon what causes you doubts and stick to what gives you no doubt.” This is a Hadith that applies to this case. If the employee fears that repercussions could arise should the company know of these payments then he inevitably has doubts and he should make sure to be in the clear. In this case, the simple answer is that he will be better off without such payments.
Having said that, I may add that it is better for the employee, the company and the subcontractor to deal with this issue fairly and squarely. He can do so by telling his company of these payments, suggesting that he pays them into the company. He can couple this with a request for a salary rise. Alternatively he can suggest that he should be allowed to keep a share of these payments. So, if it is agreed that he gets, say, half these payments and the company gets the other half, he will have absolutely no doubt about his payment and he will get something in return for the extra work he is putting into such subcontracts.
What is important to realize is that although the subcontractor gives him this unsolicited commission without his requesting or demanding it, the subcontractor will soon be in a position of advantage in his dealings with the company. The employee will always want to give him subcontracts in preference to others who may be able to do a better or cheaper job. On the other hand, when he gets used to such payments, he will be looking for more. If another contractor offers him a bigger commission, he will favor that contractor. He will soon find himself in an untenable position.
The employee may find it difficult to speak frankly about these payments with the company. If he fears that it could bring him trouble by merely speaking about them and offering to share them with the company, then this means that he should stop them without delay. On the other hand, he may think that the owners of the company may not receive the information, as they should. He needs to ask himself how much of his doubt is motivated by a desire to keep the payments for himself. Hence, the Hadith with which we started this answer applies very clearly. It is far better for him and all concerned that things are done in the open.