web analytics
April 26, 2015 / 7 Iyar, 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
Car - A-Tor
Updated: Three Injured in Jerusalem Terror Attack, Ambulances and Mayor’s Car also Attacked
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

Business-Halacha-logo

“The problem is that the sum total is listed is $17,000. However, when you add the sums mentioned, it is clear that the total of $17,000 is an error. Thus, Mr. Broyer owes me $18,000, not $17,000.”

“The guiding principle regarding work terms is: hakol keminhag hamidina – everything in accordance with the common practice,” replied Rabbi Dayan.

“No, I can’t take more than $65,” protested Mrs. Fleisher. “You may not owe me more than that.”

“If I notify people, nobody will buy the matzos!” exclaimed Mr. Mandel. “Once the halachic advisory panel ruled leniently, why can’t I sell the matzos regularly?”

“Do we have to donate again?” some people asked. “Is it fair that we should have to pay twice?”

“This sounds like a question for Rabbi Dayan,” said Mr. Cohen. He took out his cell phone and called Rabbi Dayan.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

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

Scan this QR code to visit this page online: