Clothing Store Owner Exploiting a Young Employee: What Does Halacha Say?

Question:

Hello, My daughter is working during the summer break at a women's clothing store. The store owner requires her, when there are no customers, to stand at the entrance of the store to "invite" customers inside (just standing there, without actively addressing or calling people in). The job is already quite exhausting, and my daughter would like, when there are no customers—especially during the afternoon hours—to sit down and rest a bit in the air conditioning. However, the store owner insists that she stand outside in the hot air, though she allows her to lean on the doorpost. When my daughter protested, the store owner explained that this is part of the service-oriented approach she agreed to when taking the job and even added two shekels per hour above minimum wage for this. Is this not exploitation, or is it really just an accepted practice? What does the Torah say about a person who takes advantage of a young girl’s vulnerability? Thank you very much.

Answer:

Hello,

It is very painful to read what you have written.
Of course, I cannot give a definitive answer without hearing both sides.

This question has two aspects:

The Halachic Perspective – The key question is what the initial agreement was between your daughter and the store owner. If she is indeed receiving higher pay for this requirement, then it is permissible. If this is not a standard practice and her salary does not compensate for such conditions (this should be compared to other stores to determine the “custom of the land”), then an injustice has been done. I suggest your daughter consult a workers’ rights organization to check whether this is an accepted practice. However, she should also be aware that the store owner may choose to fire her, and no one may be able to intervene on her behalf. As mentioned, if the store owner is paying more for this, she is permitted to require it.

The Ethical and Humanitarian Perspective – Instead of writing at length, I will quote the Rambam’s words at the end of the Hilchot Avadim, which pertain to a Canaanite slave:

“It is permitted to work a Canaanite slave rigorously. Even though this is the law, the path of piety and wisdom dictates that one should be merciful, pursue justice, not overburden his slave, not cause him distress, and provide him with food and drink from the same meals he himself eats. The early sages would feed their slaves from every dish they ate and would ensure that their animals and servants ate before they themselves did. As it is written “As the eyes of slaves to the hand of their master, as the eyes of a maidservant to the hand of her mistress.”
Similarly, one should not disgrace a slave physically or verbally, as it is written “…delivered him into servitude, not into humiliation.” He should not yell at him excessively or be overly angry, but rather should speak to him gently and listen to his concerns. It is explicitly stated in the virtues of Job, which he praised himself for, “If I have dismissed the case of my slave or my maidservant when they disputed with me… Did not the same One form us both in the womb?”
Cruelty and brazenness are found only among idol worshipers, but the offspring of Abraham our father, Israel, whom the Holy One, Blessed be He, bestowed with the goodness of the Torah and commanded with just statutes and laws, are merciful to all. Similarly, one of God’s attributes that we are commanded to emulate is: ‘And His mercies are upon all His works. Whoever is merciful will receive mercy, as it is said: ‘And He will give you mercy, and have compassion on you, and multiply you.”

These words speak for themselves.

All the best,
Yuval Cherlow

Rabbi Cherlow is the Head of the Ethics Department at the Tzohar Rabbinical Organization.

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