Sechirut – Chapter 9: Employment Law

1. Custom Determines Workers’ Rights and Employer Obligations

The expectations for workers—such as start and end times, or the provision of meals and snacks—are set by local customs.

2. Determining Wage of employee when not discussed in the beginning of employment

When a wage is unspecified, he is to receive the pay that is the average between the city’s lowest and highest rates.

3. Agent Hiring Workers for Employer

If an agent hires workers at a higher rate than the employer instructed, the agent bears the difference unless he promised otherwise.

4. Deception or Unforeseen Circumstances in Employment

If either party deceives the other, there are grounds for complaint but no further recourse unless work has commenced or circumstances prevent work which can cause the employer or employee a loss. If work is started, payment is calculated for the completed portion, and if loss is imminent, the employer can recover extra expenses from the worker.

5. Worker Taken for King’s Service

If a worker is compelled by the authorities to serve elsewhere, he is only paid for the work he actually did.

6. Payment When Irrigation Is Interrupted

If irrigation is interrupted by unexpected events, payment is only for work completed, unless the employer was responsible for foreseeing the risk. If rain or a natural event completes the work, payment depends on the worker’s status as a laborer or sharecropper.

7. Worker Finishes Early or Is Idle

If a worker finishes early and no further work is available, he is paid as an idle worker. For strenuous workers whose health depends on labor, they receive full pay even if idle.

8. Unsuccessful Errands

A worker who attempts to fulfill a task but is unable to complete it due to uncontrollable circumstances is still entitled to full wages.

9. Work Done on a Neighbor’s Field

If a worker is directed to work on someone else’s field, the employer must pay him, but may seek reimbursement from the field’s owner.

10. Barter and Payment Arrangements

When workers are offered goods instead of money, any agreement made is binding unless both sides mutually agree to change the arrangement.

11. Ownerless Objects Found by Workers

Ownerless items found during labor belong to the worker unless he was specifically hired to collect such items for the employer.

Rule/Scenario	Details	Obligation/Outcome
Customary work hours and meals	Employer hires workers, requests early/late work or meals	Follows local custom for hours and meals
Wage matching city workers	Employer promises “like any other worker in the city”	Average of lowest and highest city wage
Agent hires at higher wage	Agent told to hire for three zuz, hires for four	If agent says “I am responsible,” agent pays extra; if “employer is responsible,” employer pays local custom
Workers invest extra effort	Work is worth four zuz due to extra effort	Employer pays four zuz
Agent hires at lower wage	Employer says four, agent hires at three	Workers get three, even if work is worth four
Workers agree to employer’s wage	Agent says four, workers say “what employer says”	If work is worth four, pay four; if not, pay three
Hoaxing between employer and workers	Employer or workers hoax the other, no work started	Only complaints, no reimbursement
Workplace checked/not checked	Owner checked area before, no work needed	No reimbursement; if not checked, pay as idle worker
Worker quits after starting	Worker leaves mid-job	Paid for work performed; contractor: value of remaining work
Immediate loss work	Job involves immediate loss (e.g., removing flax, funeral flutes)	Worker/contractor can’t retract unless forced by circumstances
Deceiving workers or hiring others	Employer offers more to complete work, can reclaim excess	Employer may deduct extra cost from original workers’ wage
Worker taken for king’s service	Worker unable to finish due to king’s service	Paid only for work performed
River dries up during irrigation	River unexpectedly dries up	Pay for work performed; if river often dries, pay full wage
Rain completes irrigation	Rain or river completes field irrigation	Rain: pay for work done; river: pay full wage
Sharecropper and rain	Sharecropper contracted for more work, rain reduces need	Still receives agreed share; considered partner
Worker finishes early	Day worker completes job in half a day	Employer may assign other work or pay as idle worker
Heavy laborers idle	Heavy laborers become ill if idle	Employer pays entire wage even if idle
Worker can’t find object	Worker sent to fetch item, can’t find it	Employer pays full wage
Worker brings for sick person	Worker brings item, sick person dies or recovers	Employer pays full wage
Work in another’s field	Worker hired for employer’s field, works in colleague’s field	Employer pays full wage, may seek reimbursement from colleague
Payment with straw/stubble	Worker offered straw/stubble as payment	If worker agrees, can’t change to cash after
Ownerless object found	Worker finds ownerless object while working	Belongs to worker unless hired to collect such objects