6 June 2024
Ramadan and Eid are significant times for Muslim employees, encompassing religious observances, fasting, prayers, and communal gatherings. Understanding the importance of these occasions and offering support can build a more inclusive and respectful workplace.
This article explores the origins of Ramadan, the obligations during this month, and practical ways employers can accommodate and support their Muslim employees during these sacred times.
The origin of Ramadan
It is believed that Ramadan is the most holy and sacred month of the year in Islam. This is so because it was during the month of Ramadan that the angel Gabriel appeared to the prophet Muhammad and revealed the holy Qur’an, the religious book of Islam. The night that the holy Qur’an was revealed to the prophet is called Laylat-Ul-Qadr, which directly translated means the night of power.
Muslims show respect and appreciation for this night and the revelation of the holy Qur’an by fasting during Ramadan every year to commemorate the holy Qur’an. Ramadan is, therefore, considered the most crucial month in Islam and carries blessings and obligations for Muslims worldwide.
As a Muslim, one strives to abide by all 5 pillars of Islam, which are:
- “Profession of faith (shahada)” is the belief that there is no god but Allah, the God of Muhammad, the messenger and all.
- “Prayer (salat)” takes place five times a day at set times every day and increases during Ramadan.
- “Donation (zakat)” is feeding the poor and giving to those in need.
- “Fasting (sawm)” is the abstention from eating and sometimes drinking from sunrise until sunset daily during the month of Ramadan and certain other days of the year that are favourable to do so religiously.
- “Pilgrimage (hajj)” – the most important, visiting Mecca in Saudi Arabia, the birthplace of the prophet Muhammad and Islam.
Obligations during Ramadan
During Ramadan, Muslims fast, worship, have communal gatherings, and spiritually develop themselves and their families. During this month, the holy Qur’an is expected to be recited and memorised in its entirety and taught and explained. To achieve this, every night during this month, Muslims pray and read from the holy Qur’an in the Mosque, with the Imam (the Islamic preacher) teaching the meaning of the content.
A Muslim must fast from sunrise until sunset, read and study the holy Qur’an, and pray the five basic prayers during the day and additional prayers at night after breaking their fast. During Ramadan, Muslims are also required to donate and do good deeds.
Breaking the fast (iftar) during Ramadan occurs around sunset (Magrib) and involves enjoying a meal with family and loved ones. Gatherings at Iftar are believed to be a blessing, and as such, many people create feasts for families, friends, and even strangers to eat together.
What is Eid?
Ramadan is usually followed by a celebration of breaking the fast, initiated by the prophet Muhammad in Medina, where he resided. The celebration is called Eid-ul-Fitr. Eid-ul-Fitr starts with a morning Eid prayer and the everyday prayers of a Muslim’s day. This Eid prayer is done in large groups, followed by feasts and celebrations.
The second Eid, which is celebrated by Muslims, is Eid-ul-Adha, which is the Eid of sacrifice. It is believed by Muslims that Ibrahim (Abraham) was willing to sacrifice his son as an act of obedience to God’s command and that in the absence of sacrificing his son, he was given a lamb to slaughter as a sacrifice.
This Eid honours the willingness of Ibrahim to sacrifice his son to God, and in commemoration, Muslims usually slaughter a lamb or a sheep as a sacrifice. The meat of the animal that is killed is divided into three portions: one portion is to be consumed by the family who has offered the animal, one portion is to be consumed by the friends and neighbours/relatives of the family who have provided the animal, and the third portion is to be distributed amongst the poor and needy within the community.
Eid-ul-fitr typically lasts three to four days, while Eid-ul-Adha (the bigger of the two) lasts four to five days. Celebrations differ from family to family and culture to culture. What is shared among all is that in the workplace, it is common for Muslims to take one day of leave for Eid.
The importance of Eid can be compared to that of Christmas for Christians, and as such, many Muslims take the day off from work or school and just participate in the celebrations after taking part in the special morning prayer.
Discussions about the recognition of other religious holidays within the Republic of South Africa
Religious spokesperson Moulana Abdullah Khan of the Jamiatul Ulama KZN stated in 2015 that he does not support that every religious holiday should be a public holiday. He added that South Africa is a multi-cultural and multi-religious society, and recognising the holidays of all religions and cultures as public holidays will result in a loss of revenue in South Africa as there are far too many holidays to be recognised.
The Basic Conditions of Employment Act (BCEA)
The BCEA provides that there are set public holidays which employees are entitled to take off and that if they are required to work on these public holidays, there needs to be an agreement between the employer and employee providing for such. It is important to note that the BCEA has yet to be amended or changed to date, and as such, employees of a different faith do not have an automatic right to a holiday should it be related to a religious holiday.
The law in South Africa
- The Constitution of the Republic of South Africa (the Constitution):
Section 9(3) of the Constitution restricts the state from unfairly discriminating against any person based on any ground, including religion.
Section 9(4) of the Constitution provides that any person is prohibited from unfairly discriminating against any other person based on any ground, including religion.
Section 15(1) of the Constitution provides that everyone has the right to freedom of religion.
Section 31(1) of the Constitution provides that people belonging to a religious community may not be prohibited from practising their religion.
- Caselaw - TDF Network Africa (Pty) Ltd vs Faris 2019 40 ILJ 326 (LAC):
In this case, it was stated that section 6(1) of the Employment Equity Act 55 of 1988 prohibits direct or indirect unfair discrimination against any employee based on the grounds of religious beliefs.
The court held that:
"[W]ithout question, an employment practice that penalises an employee for practising her religion is a palpable invasion of her dignity because it supposes that her religion is not worthy of protection or respect. It is a form of intolerant compulsion to yield to an instruction at odds with sincerely held beliefs on the pain of losing employment. The employee is forced to make an unenviable choice between conscience and livelihood. In such a situation, the dictates of fairness and our constitutional values oblige the employer to exert considerable effort in seeking reasonable accommodation." (par 45)
- Caselaw - FAWU & Others vs Rainbow Chicken Farms (2002) 21 ILJ 615 (LC):
This matter involved Muslim butchers who were dismissed for taking unauthorized leave for Eid. It was found that the employees, who were all Muslim butchers specifically employed to slaughter chickens (according to the Halaal standards) and refused to work on Eid, were not unfairly dismissed since they were absent for a religious holiday and not on an official public holiday.
The Labour Court held that the employees were not unfairly discriminated against because of their religion and that there would have been discrimination if the employer had permitted some employees to take leave and not others.
In this case, specifically, it was crucial for operational requirements that all employees be present. If they were all permitted to take the day off for Eid, this would have resulted in the factory being inoperable and having to close down completely. The court, therefore, held that “requiring employees to work on religious holidays that are not official public holidays is justifiable on operational grounds.”
How can an employer accommodate a Muslim employee in the workplace?
A balance needs to be reached between the interests of the employer and the employee, and an agreement must be reached accordingly. On the one hand, Muslim employees may be refused a day off for Eid due to operational requirements, which will not be considered unfair by the Labour Court. However, this can only be determined on a case-by-case basis.
On the other hand, nothing stops an employer from understanding and making alternative arrangements for an employee of a different faith by agreement. Although the law is clear, to respect the religion of Muslims, an employer should reach an agreement with their employees.
The employer could, for example, allow an employee of a Muslim faith to take a day off for Eid (one for each Eid) and enable an employee further to finish work one hour earlier during the month of Ramadan. Due to the employee, the time given off could be recuperated from accrued leave days.
It is important to note that the current position in South Africa is that employees of a different faith, such as Muslims and Hindus, benefit from the public holidays as declared by South African law. If they require leave for their religious holidays, the common practice is to apply for annual leave, failing which unpaid leave is at the discretion of the employer.
In conclusion, it is clear that there needs to be a balance between the rights of the employer and the employee when considering time off for a religious holiday and that there has to be a mutual agreement between both the employer and the employee, taking into consideration all relevant factors. Such an agreement should be discussed at the onset of an employment relationship with an employee of a different religious faith.
Contact Invictus today for expert legal guidance & advice on how to accommodate your Muslim Employee this coming Eid. For more information, contact our call centre at 086 173 7263 or email us at admin@invictusgroup.co.za
