Question:

Dear Dinonline
If someone violates consumer protection laws and /or employee protection laws, does that mean that he/she is also violating Torah law?
I specifically would like to know if employers are halachically allowed to make a non-hire agreement (or no-poaching agreements) between themselves. It seems (as a general rule) to be against the law (in the USA) under the antitrust laws. Please see the following link.
https://www.justice.gov/atr/file/903511/download
Thank You.

Answer:

Answer from Horav Y. Fleishman shit”a

The no-poaching law has two parts-one is not to recruit another person’s workers. Often it is osur according to Torah law to recruit another’s workers because of one hamehapech, mechusar amo’no. The second is to agree not to hire someone who quit -is not discussed in Torah law. Therefore the first part would contravene Torah law and an employer should not recruit another’s workers even if no agreement is made. Therefore I think one can live with both-don’t recruit another’s workers but hire someone who quit or recruit him when his contract runs out. You can read about a lot in the sefer  דינא דמלכותא דינא from one of our avreichim and a little in משפטי יושר

 

Tags: Dina DeMalchusa

Share The Knowledge

Not what you're looking for? Browse other questions tagged Law of the Land and secular courts Dina DeMalchusa or ask your own question.

Leave a Reply

Your email address will not be published. Required fields are marked *