If a person hires somebody to work for him for one day, the workday would generally run from sunrise to sunset, unless the employer and employee discuss different terms. Here, let’s say no terms are discussed at all. What happens in their relationship, and what are the employer’s and employee’s responsibilities to each other?
The Mishnah says that somebody hires workers without telling them what their working hours will be, but later tells them he wants them to come early or finish late—before sunrise in the morning or after sunset at night. Even if he offers to pay them more, if workers in that place do not usually work that early or that late, the employer is not allowed to force them, since he did not specify when he hired them that the hours would be different from normal. He has to follow the local custom. He cannot demand that they work longer than they usually would.
If the job is taking place in a place where the employer usually gives food to the workers, then the employer should give them food. If it is customary in that place to give them a little dip for their food, dessert, or some other extra that would not usually come with the meal, then the employer should give it to them. Everything is done according to the local custom. If no different terms were discussed, then everything goes by the norm.
The Gemara adds another point to this Mishnah. It says that if it was customary in that place for the employer to provide food for the employee, and the employer specifically tells them that he is going to give them food, we say that he is implying that he will give them more food than is usually given. Otherwise, there would be no need for him to say anything. If it was expected that he would give them food, why would he need to tell them, “I’m going to give you food”? So we say that he must be going to give them more than the norm.
The following story tells us this. There was once a story about Rabbi Yochanan ben Matya. He told his son, “Go and hire workers for him.” His son went out and hired workers. Even though it was the local custom to give the workers food, he also promised them that he was going to give them food. When he went to his father and told him, “I hired these workers and told them I was going to give them food,” his father replied, “Even if you give them a meal, you will not have gone out of your way.” He then told him, “My son, even if you prepare these workers a feast like the feast of Shlomo HaMelech, which was tremendous in his time, you will not have fulfilled your obligation by promising them food. You obligated yourself to give them much more than is usually given to workers. Even if you give them a big feast, they could always say that they deserve better, because the Jewish people are the sons of Abraham, Isaac, and Yaakov. They are the sons of Abraham, Isaac, and Yaakov. So they can always say, ‘You didn’t fulfill your obligation. Every member of Bnei Yisrael (the Jewish people) deserves a lavish banquet, like the one Avraham Avinu served.’” You see from here that Avraham Avinu served a greater meal than Shlomo.
So what was Rabbi Yochanan’s solution? Rabbi Yochanan said, “Before they start to work—before it’s too late—go out and tell them that they are hired only on the condition that they cannot claim anything from you other than bread and beans.” That simple meal will be enough for them. Make sure you specify in the terms of the deal that that is all they will get, nothing more than that.
Rabban Shimon ben Gamliel takes a different view. He says that everything follows the local custom, so Rabbi Yochanan’s son would not have to say anything to clarify the terms of employment. Everything goes by the local custom. Even though he promised those workers food, he was not talking about extra food. He does not have to give them more than what is normally given to them in that place. According to Rabban Shimon ben Gamliel, even if an employer says, “I’m going to give you food,” and this happens in a place where workers normally get food, he is not promising them extra food. He is just saying that he is going to stick to the local custom, and therefore there is no need to clarify anything. In that case, Rabbi Yochanan could just give them the basic meal that is given to workers.