Question:

I recently hired a person to work during the week and to also be on call over Shabbos to respond to urgent computer issues. I thought he was a gentile but turns out to be Jewish as he says his mother is Jewish but not father. Is there any way he can be on call over Shabbos? If he became a contractor and not employee?

Answer:

There is no way that you can cause another Jew to be mechalel Shabbos for you, even if he is already a mechalel Shabbos. We may not hire a Jewish contractor to do work for us on Shabbos.

In truth even if he is gentile and he is a contractor, it is not that simple to permit his working for your company, since it appears like he is working for you. If you have a gentile to do the work, we would have to know a number of specifics regarding the company, to verify if it would be permitted.

Best Wishes

Sources:

O:CH 244-1, 318-1

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