My wife is working on hiring a new practitioner in her health clinic. Assuming the person she hires is a non-Jew, does she have to stipulate in the contract that the new hire is not able to work on Shobbos or Yom Tov? Is there a way that a Jew can be mishtataf with the non jew? For example, normally the fees would be split say 50/50. On yom tov, my wife would take 0. Or does the clinic have to be shut on Yom Tov no matter what?
If the clinic is known that it is owned by a Jew, even if the Doctor will get 100% of the profit of that day it is still a problem because it still looks like the Jews business is open on Shabbos and Yom Tov. A Jew can be mistatef with a non Jew if the business is now opening up and this is the stipulation, and it was never known as a Jews business. However to do that would need a number of conditions and I would advise you to speak with a qualified Rov exactly how to make up such a contract. However that doesn’t seem to be the situation that you are dealing with.
O:CH 243-1, 245-1.