Jul 12, 2010

Interesting Psak: firing and hiring

Rav Dov Lior issued an interesting psak, with a caveat.

There is a move to push legislation to create benefits and incentive packages to promote haredim entering the workforce in larger numbers. Part of such incentives would be tax benefits and subsidies for companies that would hire haredi employees.

Rav Dov Lior paskened that one is allowed to fire an employee, and hire in his place a haredi employee in order to take advantage of these benefits. The caveat is that while it is allowed, it is not moral to do so.

Rav Lior said, in his radio show, that an employer has the right to choose him employees, and to base his decisions on financial concerns.

Another caveat Rav Lior added is that while the employer has the right to fire and hire like this, the haredi guy looking for a job cannot be the instigator in looking to take someone else's job. However, if the Haredi fellow is more qualified for the job, or more dedicated, or more driven, or any other reason that might make the Haredi fellow a better fit for the job, than all the caveats fall away. the caveats only apply when the sole reason to hire him is for the financial benefits.


  1. it will be interesting to see what happens on this one, whether it does increase the haredi work force and how this affects other employees.

  2. any psak from the chareidi community on this issue?

    Would such a tax law be acceptable in a halachic society?

    how does the law identify chareidim?

    Joel Rich
    Joel Rich

  3. its just affirmative action. plain and simple. even easy to see who the black guys are. The arguments will be the same.

  4. you can't really know how an employee will work out until they work for you. someone can seem very motivated at the interview, but after 3 months at the job start to slack off. someone can have great qualifications, but not be very good at applying them to real situations.

    how large are these financial incentives per employee? is it similar to when companies fire their highly experienced workers because they're expensive, and replace them with near-entry-level folks?

  5. Bemhilat HaRav Lior, I think that derech eretz kadma letorah and that common decency would rule against pursuing such an employer's right.

  6. Rafi - he did say that it is not moral to do so, though technically allowed (and that was only when the haredi potential emplyee is not specifically better than the current employee)

    others - I dont know of such benefits right now. the legislation to create such incentives is under discussion. Nothing is yet on the books.

    Joel - that was the topic of a post of mine a few weeks ago - how they would define haredi for the purpose of such benefits (I was talking at the time regarding the proposal to grant exemptions from army service to haredim at a certain age)


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