Question:

I am the dean at a local Kollel. The students in my Kollel are supposed to be involved with the students at the nearby college, and the non-affiliated families in the area. I accepted one man, let’s call him Arye. Arye made a nice impression on me, and I thought he would be a perfect addition to our Kollel. Well, learn diligently he did, but he has no contact with anyone in the community or college and I want to lay him off. Does he have the same status as a salaried worker? How can I fire him in a halachically and legally correct way?

Answer:

You are obligated to warn the man before you lay him off in the middle of the zman. Some opine that he should be warned three times and others – once. Once the zman is over, though, you can terminate his job without prior warning or sufficient reason. An avrech does not have the same legal status as a salaried worker and is not given severance pay or vacation days. Nevertheless, regarding the stipend itself and mid-season job termination, he has the same rights as a regular worker.

Sources:

Regarding warning before firing, see “Alon Hamishpat” 32, page 2.

Regarding firing in the middle of the zman see Shut Shevet Halevi part 8:315, letter 1

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