web analytics
November 23, 2014 / 1 Kislev, 5775
At a Glance
Judaism
Sponsored Post
IDC Herzliya Campus A Day on Campus

To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.



Cancelled Trip Assistant

Business-Halacha-logo

Eliyahu was enjoying a relaxing summer after an intensive year of learning. He spent time with his family, learned a few hours each day in the community beis medrash, and worked sporadically when the opportunity arose.

One Motzaei Shabbos, he received a call from Mr. Stone, the director of a day camp. “Are you available on Tuesday to accompany the camp on a trip?” Mr. Stone asked. “We need a couple of extra hands.”

“Yes, I’m available,” said Eliyahu. “I’m taking it easy this summer.”

“Great,” said Mr. Stone. “Please be at the camp by 8 a.m.; we’d like to head out by 8:30.”

Tuesday morning, Eliyahu got up early. He davened at the first minyan, ate quickly, changed his clothes, and biked over to the camp. He was surprised to find the camp in a calm state, with no buses in sight. He walked over to the director’s office.

“Good morning, Mr. Stone,” Eliyahu said. “I’m here for the camp trip.”

“Oh, I’m sorry,” Mr. Stone said apologetically. “They predicted rain later today, so we had to cancel the trip. I meant to notify you, but somehow it skipped my mind.”

“That’s unfortunate,” said Eliyahu. “I got up early and rushed to get here.”

“Please excuse me,” said Mr. Stone. “This has never happened before.”

“I was also looking forward to the day’s income,” added Eliyahu. “I’m not working much this summer.”

“I’m willing to compensate you for coming here early in the morning,” said Mr. Stone, “but don’t see the need to pay you for the day’s work; you weren’t planning to work otherwise.”

“Once we arranged it, I think you owe me for the day,” said Eliyahu, “whether I had other potential work or not.”

“Fair enough,” said Mr. Stone. “Let’s consult Rabbi Dayan.” He called Rabbi Dayan on speakerphone and explained the situation.

“Your case touches on a fundamental point in the law of employees,” said Rabbi Dayan.

“Really?” exclaimed Eliyahu. “I’d love to hear!”

“The Gemara [B.M. 76b] teaches that if a person arranged verbally with a worker, without a formal contract, and cancelled the job – the worker has only rightful complaints,” explained Rabbi Dayan. “However, if the worker went to the place of work, and was unable to work due to the negligence of the employer – the employer has to pay him partially – approximately half – for the day’s work, k’poel batel.” (C.M. 333:1; Taz 333:1)

“Why does it depend on whether the worker went to the place of work?” asked Mr. Stone

“Tosfos and the Rosh explain that the real issue is whether the employer caused the employee damage,” explained Rabbi Dayan. “Can the employee still find alternate work, or did he lose alternate job opportunities meanwhile?”

“When the employer cancelled the job before the worker set out, he usually can find other work,” continued Rabbi Dayan. “Nonetheless, he has a rightful complaint for the hassle. However, when the worker already went to work – by the time he realizes that he cannot work there, it’s usually too late to procure other employment.”

“What if the worker had no other job options anyway, such as here?” asked Mr. Stone. “In this case the employer caused no loss?”

“According to this approach, the employer would not have to pay – even if the worker already set out,” replied Rabbi Dayan.

“However,” he continued, “the Ramban and Rashba explain that even if the worker did not have another job option, once he set out to work the employer is financially responsible to him. Heading to the place of work is considered as having begun the job, which commits the employer to his financial liability. If the worker finds alternate work to replace the income, though, the owner is relieved of this responsibility.” (C.M. 333:2)

“Who do we rule like?” asked Eliyahu.

“The Shulchan Aruch rules according to the second opinion,” answered Rabbi Dayan. “Once the worker sets out to work, the employer is financially liable, even if he had no alternate job options.” (SM”A 333:6; Shach 333:7)

“It seems strange that heading to work is considered as beginning to work,” said Mr. Stone. “I travel an hour to work each day, but punch the clock only once I arrive!”

“You raise a valid point,” said Rabbi Dayan. “In fact, some achronim seem to limit this halacha to a per-diem worker who is hired for the entire day. Going to his assigned destination is included as part of his work hours.” (Avnei Nezer C.M. 52:4)

“Nowadays, when travel is usually not included in the work hours,” continued Rabbi Dayan, “one can question whether to consider coming to the workplace as beginning to work. Nonetheless, it seems the sages treated heading to work as beginning of work for this purpose. Therefore, the employer is liable for approximately half the amount if the worker does not find replacement employment.” (See Hayashar V’hatov, vol. 10, pp. 196-197)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Cancelled Trip Assistant”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
US Secretary of State John Kerry with German Foreign Minister Frank-Walter Steinmeier before P5+1 talks. Nov. 22, 2014.
BREAKING: West About to Cave on Key Iranian Demand
Latest Judaism Stories
Rabbi Avi Weiss

Yitzchak thought the Jewish people needed dual leadership: Eisav the physical; Yaakov the spiritual

Weiss-112114-Sufganiot

According to the Sefer Yetzirah, the nature of the month of Kislev is sleep.

Teller-Rabbi-Hanoch-NEW

Though braggarts come across as conceited, their boasting often reflects a low sense of self-regard

Nimchinsky-112114-Learning

Not every child can live up to our hopes or expectations, but every child is loved by Hashem.

Leaders must always pay attention to the importance of timing.

While our leaders have been shepherds, the vast majority of the Children of Israel were farmers.

Maimonides himself walked and prayed in the permissible areas when he visited Eretz Yisrael in 1165

If a man dies childless, the Torah commands the deceased’s brother to marry his brother’s widow in a ceremony known as yibum, or to perform a special form of divorce ceremony with her known as chalitzah.

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

Ever Vigilant
‘When Unworthy, One’s Number Of Years Is Reduced’
(Yevamos 50a)

Question: My young daughter was recently diagnosed with autism. She does not function well socially and is extremely introverted, but we have noticed that she reacts very well to small animals. We reported this to her therapist who suggested that we get a dog or cat as a pet. We know that most religious people frown upon having pets, but we hate to see our daughter suffer and want to do anything that would make her happy. Would it be okay to own a pet in the circumstances we described?

Her Loving Parents
(Via E-Mail)

Ramban interprets Korban as self-sacrifice, each Jew should attempt to recreate Akeidas Yitzchak.

Dr. Schwartz had no other alternatives up his sleeve. He suggested my mother go home and think about what she wanted to do.

Why does Lavan’s speaking before his father show that he was wicked? Disrespectful, yes. Rude, certainly. But a rasha?

We find that in certain circumstances before the Torah was actually given, people were permitted to make calculations as to what would better serve Hashem, even if it were against a mitzvah or aveirah.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

Dovid turned to the other people sitting at his table. “I’m revoking my hefker of the Chumash,” he announced. “I want to keep it.”

Business-Halacha-logo

“That’s what I thought, so I returned the money to Aharon,” said Reuven. “But this morning, Shimon, who owes me $70, told me he left $70 for me under the table last week! Now I don’t know whether the $70 was connected to the note, and was Aharon’s for the purchase of sefarim, or was repayment to me from Shimon, unrelated to the note.”

On Tuesday, Mr. Ross picked up the bris kit. While driving home, he was stopped by armed thugs. They forced him out of the car and drove off with the bris kit inside.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/cancelled-trip-assistant/2013/08/01/

Scan this QR code to visit this page online: