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Working as an employee

שו”תCategory: HalachaWorking as an employee
asked 6 years ago

Hello Rabbi,

Question 1.

An employee who receives a monthly salary (not a global one) who works on various tasks assigned by the boss.

Let’s say, for example, that according to his boss’s estimate, the average work time on Project X is a month.

If the same employee completed the same project in half a month, is he obligated to inform the boss about it (so that he can work on another project) or is he allowed to cancel during the second half of the month, thinking that since the boss has already allocated a month to that project, he won’t mind if he cancels? Does such cancellation constitute theft? If not, what is he going through, if anything?

Does another employee who is aware of this conduct have an obligation to report to the boss that the employee is allegedly stealing from the boss?

Question 2.

An employee whose “gross” workday is, say, 8 hours – from 8 a.m. to 4 p.m., when out of that he works a “net” – minus breaks for refreshment, food, and prayer, with the knowledge and consent of the boss, 6 hours.

Is he allowed to work continuously and finish on the 14th?

Question 3.

Is it permissible for an employer who defrauded his employee and did not pay him a salary increase that he had agreed upon with him? Is it permissible for the employee, without the employer’s knowledge, to charge the employer for overtime in the amount of the increase that was agreed upon with him?

Thanks in advance.


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0 Answers
מיכי Staff answered 6 years ago
  1. I don’t think so. A person is supposed to work to the best of their ability, not according to the ability of an average worker. Sometimes they are hired because of their abilities, and sometimes they are also rewarded accordingly. But even if not, I think you are supposed to work according to your abilities. By the way, if everyone did this, how would you know what the ability of a reasonable worker is? After all, everyone synchronizes to the same imagined output. Only after everyone does their best can you see the different capacities and abilities, and then perhaps you can estimate what the reasonable capacity is. Although, if you are particularly in a hurry beyond what is expected of you and your abilities, here there is room to say that you are allowed to rest a little at this expense.
  2. It depends on the contract. Sometimes the boss wants certain hours and not a number of hours. Sometimes the breaks and meals are necessary for the quality of work, and if you skip them, your quality will decrease.
  3. Contrary to popular intuition, according to halacha, if you can prove it in court (you have evidence), you are allowed to make a judgment for yourself. Otherwise, it is forbidden. But this is a rather complicated subject. You can see a review and references here: https://he.wikipedia.org/wiki/%D7%A2%D7%91%D7%99%D7%93_%D7%90%D7%99%D7%A0%D7%99%D7%A9_%D7%93%D7%99%D7%A0%D7%90_%D7%9C%D7%A0%D7%A4%D7%A9%D7%99%D7%94

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