Q&A: A Question for the Rabbi
A Question for the Rabbi
Question
Hello,
I wanted to consult the Rabbi about a moral and halakhic question.
About a year ago I started working at my current job. It was a few months after I had been fired from my previous one, so I took the first place that accepted me despite several drawbacks.
Before signing the contract I was required to agree to work for two years, and I agreed (I do not remember exactly what the wording of the question and answer was). In addition, a clause was inserted into the contract according to which 1,000 NIS of the salary each month is considered a two-year retention bonus, so that if I leave before two years have passed I will have to return the amount accumulated from that.
Over the past year I continued to receive suggestions for job interviews and so on from recruiters I had been in contact with in the past, and until recently I automatically turned them down.
Recently I have started to gain a bit of confidence. In addition, in certain respects I have been somewhat disappointed with my current job compared to what I had understood in advance (though, to the best of my understanding, there was no intentional deception here).
Therefore, I started thinking about the possibility of moving to another job, if I am accepted to one that seems significantly better to me even before the end of the two years.
On the face of it, this is a breach of my promise, but some people I know argue that this is not a binding promise but only a statement of intent, and also that if there is a penalty in the contract then the meaning of the commitment is simply repayment of those sums.
What does the Rabbi think?
Answer
I think it would be worthwhile to check the legal situation. If from a legal standpoint there is no problem, then the contract between you was also signed with that understanding. From the standpoint of Jewish law, a hired worker may back out even in the middle of the day, based on the rule "for they are My servants" (see Choshen Mishpat, sec. 333, para. 3).
In addition, it is worth checking whether this stipulation regarding the salary is legal or not: https://www.workrights.co.il/%D7%A7%D7%A0%D7%A1-%D7%A2%D7%96%D7%99%D7%91%D7%94