UUD / Sistem Ekonomi §123-169
- Kategori: Sistem Ekonomi §123-169
Pasal 155: Upah ditentukan sesuai dengan manfaat/hasil kerja maupun jasa, bukan berdasarkan pengalaman karyawan atau ijazah. Tidak ada kenaikan gaji bagi para karyawan, namun mereka diberikan upah yang menjadi haknya secara utuh; baik berdasarkan hasil pekerjaannya atau menurut manfaat jasanya sebagai karyawan.
Article 155:The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge and/or qualifications of the employee. There have to be no annual increments for employees. Instead, they have to be given the full value of the salary they deserve for the work they do.
The evidence for the article is the Shari’ah definition of hiring, because the Shari’ah definition is a Shari’ah rule which is the same as a Shari’ah principle because it is deduced from a Shari’ah evidence or evidences through a correct Ijtihad. Accordingly, it is considered an evidence for the issue that it applies to in the same manner that the Shari’ah rule is considered an evidence for the issue that it applies to, and the Shari’ah text is considered in both of these situations to be an evidence for the Shari’ah rule which applies to the issue, or for the Shari’ah definition that applies to the issue. The Shari’ah definition of hiring is: “a contract upon an exchange of a service for remuneration”, and the service in the case of the employee is either the service of work that he carries out, such as an engineer, or a personal service such as the servant; these two types of services are the ones that the contract can apply to, and it is not correct that anything else has a contract upon it. From this, it is seen that the contract cannot apply to the service of the level of knowledge, or amount of qualifications, but rather upon the service of the employee, either by providing personal service or his work. The salary is in exchange for this service that the contract applies on, and for this reason what is termed as the grade of civil servant, in other words, how the value of the salary is set, is not done in accordance with the qualification or knowledge, but rather it is only set according to the person themselves if they were going to undertake the work themselves such as a servant, or according to the use of the work they were doing and their experience such as an engineer, and nothing else, because this is in harmony with the definition.