Explanation of Article 567
The article clarified the obligations incumbent on each party in a profit-sharing contract. The first paragraph outlined two matters:
The first matter: The obligation of the capital owner to enable the worker to perform the work as agreed upon. This emphasizes that the obligation of the capital owner in a profit-sharing contract is not merely a passive obligation to leave the worker and the asset provided by the capital owner; rather, there is a positive obligation to enable the worker to work. This obligation includes the duty to deliver the productive asset to the worker, and if expenses are required, the capital owner bears them, allowing the worker to exploit it until the end of the contract. The capital owner is also obligated to guarantee any defects in the asset that reduce its exploitation for the intended purpose and to carry out necessary repairs for this exploitation, applying general rules in this regard.
It becomes clear that the obligation of the capital owner in profit-sharing resembles the obligation of a lessor in a lease contract.
The second matter: The obligation of the worker to exercise the care of a reasonable person in his work and in preserving the money. This is merely an application of general rules, as he deserves a wage for that work and is not volunteering; thus, his responsibility in care is measured by this standard.
It becomes clear that the worker's obligation in profit-sharing is not limited to preserving the thing only; rather, he must exercise care in performing the agreed-upon work that generates the profit. This obligation resembles the obligation of a mudarib in a mudaraba contract.
The second paragraph outlined two matters:
The first matter: Necessary expenses for preserving the asset are borne by the capital owner, including any fees or taxes related to the asset itself.
The second matter: The worker bears the expenses related to exploiting that asset, such as regular maintenance and operational expenses.
All of the above are supplementary rules not of public order, so it is permissible to agree otherwise explicitly or implicitly if indicated by the circumstances of the contract, such as custom and the dealings between the contracting parties.
The third paragraph clarified that the worker may hire employees, whether under a labor contract, a contract for work, a subcontracted profit-sharing agreement, or other contracts, to perform all or some of the tasks that the worker customarily undertakes. The wages of those employees come from his share of the profit, as he earns his share of the profit through this work and should bear the burdens or expenses arising from it. What the paragraph stipulated is also not of public order; thus, it is permissible to agree otherwise, whether concerning the worker's right to hire employees or bearing their expenses.
Related To
Article 567
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The capital owner shall enable the worker to perform his work as agreed upon, and the worker shall exercise reasonable care in performing his work and in safekeeping the capital.
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The expenses of safekeeping the capital shall be borne by its owner, and the expenses of its utilization shall be borne by the worker, unless agreed otherwise.
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The worker may hire laborers at his own expense to assist him in the performance of all or some of the work.