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 |
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