Rabbi Meir Orlian | ||
#170 |
Ki Teitzei |
16.08.2013 |
Eliyahu was enjoying a relaxing summer. He spent time with his family, learned a few hours daily in the community beis medrash, and worked sporadically when jobs were offered.
On Motzoei Shabbos he received a call from Mr. Stone, director of Kayitz Day Camp.
“Are you available on Tuesday to accompany the camp on a trip?” Mr. Stone asked.
“Yes,” said Eliyahu. “I’m taking it easy this summer.”
“Great,” said Mr. Stone. “Please be at the camp by 8 a.m.”
On Tuesday morning, Eliyahu got up early, davened with the first minyan, ate quickly, changed his clothes and biked over to the camp.
“Good morning,” Eliyahu said to Mr. Stone. “I’m here for the camp trip.”
“Oh, I’m sorry,” Mr. Stone apologized. “They predicted rain, so we cancelled the trip. I meant to notify you, but somehow it slipped my mind.”
“That’s unfortunate,” said Eliyahu. “I got up early and rushed over here. I was also looking forward to the day’s income; 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.”
“Once we arranged it, you owe me for the whole day,” said Eliyahu.
“Let’s consult Rabbi Dayan,” said Mr. Stone. He called Rabbi Dayan on speakerphone and explained the situation.
“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,” answered Rabbi Dayan. “However, if the worker went to the place of work and was unable to work due to the negligence of the employer, then the employer has to pay him partially (approximately half) for the day’s work, k’poel batel (C.M. 333:1; Taz 333:1).”
“What difference does it make whether the worker went to the place of work?” asked Mr. Stone.
“Tosafos and the Rosh explain that the real issue is whether the employer caused the employee a loss,” explained Rabbi Dayan. “When the employer cancels the job before the worker sets out, he usually can find alternate work but has rightful complaints for the trouble he was caused. However, once the worker goes to work, it’s usually too late to procure alternate employment for the day.”
“What if the worker has no other job options, such as here?” asked Mr. Stone. “In this case, the employer caused no real loss.”
“According to this approach, the employer would not be liable even if the worker already set out,” replied Rabbi Dayan.
“However, Ramban and Rashba explain that once the worker set out to work, the employer is financially responsible to him, even if the worker did not have another job option,” continued Rabbi Dayan. “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).”
“Whom 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 the worker had no alternate job options (Sma 333:6; Shach 333:7).”
“It seems strange to consider heading to work as having begun work,” said Mr. Stone. “I travel an hour each day, but punch the clock only when I arrive!”
“You raise a valid point,” said Rabbi Dayan. “Some Acharonim limit this halacha to a per-diem worker who is hired for the entire day. Going to the assigned destination was included in his work hours (Avnei Nezer, C.M. 52:4).”
“Nowadays, when travel is usually not included in the work hours, one can question whether to consider coming to the workplace as having begun work,” concluded Rabbi Dayan. “Nonetheless, it seems that the Sages treated it as such for this halacha. Therefore, the employer is liable for approximately half the amount, if the worker does not find replacement employment (Hayashar V’hatov, vol. 10, pp. 196-197).”