
 |
|
February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
Dec. 18, 2006
/ 27 Kislev, 5767
Decent Working Conditions, Part 1: Equitable Treatment
By
Rabbi Dr. Asher Meir
Moral principles on how to treat your employees
http://www.JewishWorldReview.com |
Q: Do employers have a responsibility to provide workers with decent working conditions?
A: Employers need above all to respect all agreements with workers. The Torah recognized that even though work agreements are in theory ordinary contracts between equal parties, in fact the employer tends to have the stronger position and is often in a position to cheat the worker with impunity. Scripture has a special word, 'oshek,' to describe this kind of behavior. The Torah has a number of explicit verses warning us not to exploit the worker in this way, for example: "Don't withhold (ta'ashok ) the wages of the poor and the needy, or the stranger in your land in your gates" (Deuteronomy 24:14). And in scores of places the prophets warned the wealthier classes against this kind of abuse, for example: "Don't cheat the stranger, the orphan, and the widow, and don't spill innocent blood in this place; and don't go after strange gods to your own harm" (Jeremiah 7:6).
Employers also need to respect workers' rights as established by legitimate laws or universal custom; the Talmud tells us that communities have the authority to regulate wages and prices in the public interest. (1)
However, we do not find any direct evidence in the Torah or in later Jewish law that any specific level of working conditions is mandated. If a particular level of wages or a particular workplace environment was agreed upon by both sides and is not restricted by law and regulation, we don't find any categorical basis to call the employer unethical or exploitative. There is no Torah-mandated minimum wage; on the contrary, any wage level agreed upon between employer and employee is legal even if it is considerably cheaper than the going rate.
However, there are a number of principles found in Jewish law which create varying degrees of moral obligation to treat workers "well", meaning at some minimal level even if they would consent to less. Here we will list a few:
EQUITY
In secular law, "equity" refers to cases where the letter of the law is suited to the majority of cases, but in a particular case rigid enforcement seems unfair and in fact contrary to the spirit of the law. In Jewish law, there is a parallel concept called lifnim mishuras hadin, meaning going beyond the letter of the law. Appropriately enough, this principle is learned from the verse "Do what is right and what is good." (Deuteronomy 6:18 and Nachmanides' commentary.) Even though the entire Torah is meant to give us explicit directives as to what is right and what is good, there is still a need for a general directive to act fairly and equitably for all those exceptional cases which fall between the cracks.
For example, the Talmud tells the story of Rabba bar Bar Chanan who hired some porters to move casks of wine; due to an unfortunate accident the casks slipped and broke. According to the strict letter of the law, the porters are obligated to pay a large sum for damages. However, the judge Rav felt that this judgment was unfair given the circumstances. The main reason for obligating people in damages is to make sure they take proper care, and in this case it seemed that the workers had indeed done their best to make a safe move. Another problem was that the workers were very poor, and could not afford to pay for the wine, while Rabba bar Bar Chanan was a wealthy person who could easily absorb the loss. In the end, Rav instructed Rabba bar Bar Chanan to drop his lawsuit and furthermore to pay the porters their wages! (2)
In another case, a Rebbe Chiya, an experienced businessman, gave some free advice to a poor woman. The advice turned out to be mistaken and caused the woman a loss. Rav instructed Rebbe Chiya to make good the loss. Technically he was not liable, but given the reliance the lady placed on Rebbe Chiya and the great burden of the loss, Rav considered that an exception to the rule was called for. (3)
There would be many comparable cases in today's marketplace. A wealthy employer would be expected at the very least to keep from collecting fines and damages from employees for losses due to circumstances beyond their control. This would be a characteristic of an equitable workplace.
SOURCES: Babylonian Talmud, Bava Bastra 8b (2) Babylonian Talmud, Bava Metzia 83a. (3) Babylonian Talmud, Bava Kamma 99b
Every weekday JewishWorldReview.com publishes inspiring articles. Sign up for our daily update. It's free. Just click here.
JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
To comment or pose a question, please click here.
THE JEWISH ETHICIST, NOW IN BOOK FORM
You've enjoyed his columns on JWR for years. Now the Jewish Ethicist has culled his most intriguing and controversial offerings in book form. HARDCOVER PAPERBACK Sales help fund JWR.
|
Previously:
Stand up for elders' rights
Garage sale gem
By taking my relative in, am I helping or making the situation worse?
Public Service or Public Relations?
Do professionals need to strive for complete objectivity?
Does future reward make ethical behavior selfish?
The whole truth Even in the marketplace?
Judaism and the afterlife: Reincarnation, heaven and hell
The Jewish belief in resurrection of the dead affects how will live in the here and now
Ethical guidelines on what to say and what's proper to keep to yourself
Is it wrong to get credit for something you didn't do?
Ethics and sportsmanship
The ethics of forwarding email
Must a supplier honor a discount offered by a rogue sales representative?
Should I boycott my daughter's fashion show?
Should you respond to all those annoying email pop-up requests?
Do I have to reimburse someone who tried to do me a favor?
Seeking credit card debt settlement
Can I threaten to spread the word about someone who cheated me?
How can the terminally ill tap into their life insurance?
Is there value in an unhappy marriage?
Where does the Almighty fit into your corporation's mission statement?
Does an expert witness have to be impartial?
Should I give recognition to a modest man who did a great deed?
In representing my firm, can I tell a white lie?
Defrauding insurance to save a life
Can top level management unilaterally give away money to corporate dollars to charity?
Loans to Family Members
How much worker supervision is too much?
Should I turn in a colleague for inappropriate acts?
Priority in charitable giving
Trolls and ogres
How many hours of work is too many?
Can I promote my product by having it unobtrusively written into a story?
He's not heavy he's my brother
All's fair in war?, II
All's fair in war?
Girth vs. worth
Is it proper to tax bequests?
Ethics of Being Overweight
Penalized for working swiftly
When is it a bluff?
'Rate and switch'
My paycheck is late!
Should schools cater to an elite?
All's fair in love?
Comfort and Competition
Do I need the caller's permission to put a call on the speakerphone?
Overtime for lost time
Is it unethical to play suppliers against each other to get the lowest bid possible?
Do family members have precedence in charity allotments?
What the world of business can teach us about our annual process of repentance and renewal
Are religious leaders subject to criticism?
Vindictive Vendor: How can I punish an abusive competitor?
Blogging Ethics: Is the blogger responsible for defamatory posts?

© 2005, The Jewish Ethicist is produced by the JCT Center for Business Ethics
|