Are Employees Subject to The Standard Halachos of Amirah L’Akum?

Rav Yosef Kushner

Question: If a Jew employs a non-Jew on Shabbos, do the standard halachos of Amirah L’akum apply to the employee?

Answer: Not necessarily. 

The Gemara says that asking a random non-Jew to do a melacha for you on Shabbos is a “shevus”, meaning that it is forbidden m’derabanan. The laws of employment differ in many ways. First and foremost, there is a lengthy discussion in the Rishonim and Poskim if telling an employee to do a melacha for you on Shabbos is forbidden d’rebanan or d’ohraysa. Rashi seems to say that it is a d’ohraysa, as do the Bais Yosef and Taz. 

It is important for people to realize that if a shailoh comes up regarding an employee working on Shabbos, one cannot simply apply the halachos they may be familiar with regarding typical amirah l’akum. The status of an employee may be more stringent, or occasionally more lenient, depending on how the employment is structured.