The Halacha outlines many conditions governing the work of Non-Jews for Jews on Shabbat. In general, each case using Non-Jews in a store, business or building must be analyzed to determine whether it meets two basic requirements. First, the Non-Jew is working primarily for his own benefit, and is not considered the agent of the Jew. Second, the permitted arrangement with the Non-Jew could not be misconstrued as a prohibited business structure, and thus be an issue of Marit Ayin.
One case that the Halacha talks about is Sechirut, where the Jew rents the field to the Non-Jew. In this arrangement, the Jew merely receives a yearly rental fee regardless of the income brought in by the Non-Jew. Since the Non-Jew receives all the revenue, when he goes to work on Shabbat, it is for himself and not for the Jew. Therefore, in principle, such an arrangement is permitted, assuming that there is no issue of Marit Ayin (which will be discussed subsequently).
Another case, called Arisut, is where the Non-Jew has a share in the profit. When he goes to the field to work on Shabbat, he is working for himself. Even though the Jew also receives profit, nevertheless, the Halacha regards his primary motivation as working for himself. He is not considered an agent of the Jew. Therefore, this case, in principle, would also be permitted, assuming that there is no Marit Ayin.
However, hiring a Non-Jew as an employee to work in a store or in the field is prohibited. Whether paid a daily wage or on a project basis, he is considered an agent of the Jew. Sheliach Shel Adam KaMoto, a person’s agent is considered as himself, as explained by the Aruch Ha’shulhan (Rav Yechiel Michel Epstein of Nevarduk, 1829-1908). Since all the revenue goes to the Jew, it is considered as though he himself was working in the store. Although one could claim that the Non-Jew is motivated to work for his own interest of receiving wages, nonetheless, the Hachamim say that is not enough incentive.
Each practical, contemporary question will have to be analyzed in light of these categories and condition.
SUMMARY:
In principle, it is prohibited to engage a Non-Jew to work on Shabbat unless he is working for himself and there is no issue of Marit Ayin.
