Question:

Is it a problem to hire waiters for Shabbos since its schar yom?

Answer:

Thank you for your question.

Hiring the waiters is not the problem, the problem is that a Jewish waiter is not allowed to accept payment for Shabbos services. This is known as sechar Shabbos. What is usually done when hiring a waiter or machgiach is that they should do some preparations before Shabbos it is then considered בהבלעה  (“Absorbed” or inclusive earnings) and they may receive their payment. They  should receive his wages as a lump sum, and not itemized.

The idea of sechar Shabbos does not apply to a gentile waiter and he may be paid after Shabbos without any problem. Hiring the waiter though has to be done before Shabbos.

Sources:

O:CH 306, 3, 4, Shmiras Shabbos Khichoso 28-63 & 66, 30-34.

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