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Dharma of Employment (Samskrit: व्यवसायधर्मः) refers to the code of conduct to be followed by an employer towards the employee and vice versa.

Dharma of Employment (Samskrit: व्यवसायधर्मः) refers to the code of conduct to be followed by an employer towards the employee and vice versa.

== परिचयः ॥ Introduction<ref name=":1">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref> ==

== परिचयः ॥ Introduction ==

[[Dharma (धर्मः)|Dharma]] regulates the conduct of all individuals in every sphere of human activity. One such aspect is the rules to be observed by both employers and the employees. These were a part of [[Raja Dharma (राजधर्मः)|Raja dharma]] (Constitutional Law) and Vyavahara dharma (Law on various other topics) and applied to both government and private employment. There were almost eighteen major topics of law which were in force at the earliest point of time. Two of them laid down the Dharma of Employers and Employees. Namely,   

[[Dharma (धर्मः)|Dharma]] regulates the conduct of all individuals in every sphere of human activity. One such aspect is the rules to be observed by both employers and the employees. These were a part of [[Raja Dharma (राजधर्मः)|Raja dharma]] (Constitutional Law) and Vyavahara dharma (Law on various other topics) and applied to both government and private employment. There were almost eighteen major topics of law which were in force at the earliest point of time. Two of them laid down the Dharma of Employers and Employees. Namely,   

* Swamipala Vivada ie. disputes between master and servant  

* Swamipala Vivada ie. disputes between master and servant  

* Vetana dana ie. payment of wages   

* Vetana dana ie. payment of wages   

This law was expanded further from time to time as and when the situation demanded. Shukraniti contains several provisions which prescribe the duties of the employers towards employees and vice-versa.  

This law was expanded further from time to time as and when the situation demanded. Shukraniti contains several provisions which prescribe the duties of the employers towards employees and vice-versa.<ref name=":1">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref><ref name=":2">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>

== व्यवसायस्य मूलतत्त्वे ॥ Salient Principles of Employment ==

== व्यवसायस्य मूलतत्त्वे ॥ Salient Principles of Employment ==

Another distinctive feature of the basic philosophy governing the relationship between the employer and the employee was rejection of the principle of "the greatest good of the greatest number". According to this principle, to secure the good of a large number of people, injustice could be caused to a small number of people. As against that, the ideal laid down in the Bharatiya Parampara was that of, <blockquote>सर्वे जनाः सुखिनो भवन्तु | ''sarve janāḥ sukhino bhavantu |''</blockquote>Meaning: Everyone should be happy.

Another distinctive feature of the basic philosophy governing the relationship between the employer and the employee was rejection of the principle of "the greatest good of the greatest number". According to this principle, to secure the good of a large number of people, injustice could be caused to a small number of people. As against that, the ideal laid down in the Bharatiya Parampara was that of, <blockquote>सर्वे जनाः सुखिनो भवन्तु | ''sarve janāḥ sukhino bhavantu |''</blockquote>Meaning: Everyone should be happy.

The rules of Dharma prescribed that the conduct of employers should be such as would secure justice and happiness to the employees and the conduct of the employees should be such as would not cause any hardship or injustice to the employers. Thus, the principle of class co-operation was adopted in preference to class conflict.<ref name=":1" />   

The rules of Dharma prescribed that the conduct of employers should be such as would secure justice and happiness to the employees and the conduct of the employees should be such as would not cause any hardship or injustice to the employers. Thus, the principle of class co-operation was adopted in preference to class conflict.<ref name=":1" /><ref name=":2" />   

== धर्माधारितः व्यवसायः ॥ Dharma Based Employment ==

== धर्माधारितः व्यवसायः ॥ Dharma Based Employment ==

The rules that regulated the conduct of employers and employees flowed from the basic rules of Dharma, the observance of which was regarded as essential for the sustenance and welfare of the individual and the society. These basic rules of Dharma were declared in various works on [[Dharma Shastras (धर्मशास्त्राणि)|Dharma Shastra]] and [[Smrti (स्मृतिः)|Smrtis]]. The Shanti Parva in the Mahabharata has indicated nine basic aspects of Dharma. It says<ref name=":1" />, <blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनं स्वेषु दारेषु शौचमद्रोह एव च || आर्जवं भृत्यभरणं त एते सार्ववर्णिकाः।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59].</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā। prajanaṁ sveṣu dāreṣu śaucamadroha eva ca || ārjavaṁ bhr̥tyabharaṇaṁ ta ete sārvavarṇikāḥ।''</blockquote>Meaning: The nine rules of Dharma to be followed by persons belonging to all sections of society are

The rules that regulated the conduct of employers and employees flowed from the basic rules of Dharma, the observance of which was regarded as essential for the sustenance and welfare of the individual and the society. These basic rules of Dharma were declared in various works on [[Dharma Shastras (धर्मशास्त्राणि)|Dharma Shastra]] and [[Smrti (स्मृतिः)|Smrtis]]. The Shanti Parva in the Mahabharata has indicated nine basic aspects of Dharma. It says<ref name=":1" />, <blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनं स्वेषु दारेषु शौचमद्रोह एव च || आर्जवं भृत्यभरणं त एते सार्ववर्णिकाः।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59].</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā। prajanaṁ sveṣu dāreṣu śaucamadroha eva ca || ārjavaṁ bhr̥tyabharaṇaṁ ta ete sārvavarṇikāḥ।''</blockquote>Meaning: The nine rules of Dharma to be followed by persons belonging to all sections of society are

=== अद्रोहः ॥ Adroha ===

=== अद्रोहः ॥ Adroha ===

Another important principle that also somewhere emanates from the quality of Shaucha (transperancy) is Adroha. It refers to 'Not betraying the confidence or trust reposed in oneself'. In other words, it lays down that an employee should not betray the confidence or trust reposed in him by the employer. It restrains one from indulging in theft, cheating, misappropriation, or simply going slow in working etc., that lead to loss or injury for the employer.<ref name=":1" />

Another important principle that also somewhere emanates from the quality of Shaucha (transperancy) is Adroha. It refers to 'Not betraying the confidence or trust reposed in oneself'. In other words, it lays down that an employee should not betray the confidence or trust reposed in him by the employer. It restrains one from indulging in theft, cheating, misappropriation, or simply going slow in working etc., that lead to loss or injury for the employer.<ref name=":1" /><ref name=":2" />

== शुक्रनीत्यां व्यवसायधर्मः ॥ Vyavasaya Dharma in Shukraniti ==

== शुक्रनीत्यां व्यवसायधर्मः ॥ Vyavasaya Dharma in Shukraniti ==

It says, <blockquote>अष्टमांशं परितोष्यं दद्याद्भृत्याय वत्सरे | कार्याष्टमांशं वा दद्यात् कार्यं द्रागधिकं कृतम् ||2.412||<ref name=":0" /></blockquote><blockquote>''aṣṭamāṁśaṁ paritoṣyaṁ dadyādbhr̥tyāya vatsare | kāryāṣṭamāṁśaṁ vā dadyāt kāryaṁ drāgadhikaṁ kr̥tam ||2.412||''</blockquote>Meaning : Every employee should be granted one eighth of his salary as a reward (bonus) annually. If an employee does his work efficiently, he should be granted an extra remuneration equal to one eighth of the piece rate earnings in recognition of his efficiency<ref name=":1" />.

It says, <blockquote>अष्टमांशं परितोष्यं दद्याद्भृत्याय वत्सरे | कार्याष्टमांशं वा दद्यात् कार्यं द्रागधिकं कृतम् ||2.412||<ref name=":0" /></blockquote><blockquote>''aṣṭamāṁśaṁ paritoṣyaṁ dadyādbhr̥tyāya vatsare | kāryāṣṭamāṁśaṁ vā dadyāt kāryaṁ drāgadhikaṁ kr̥tam ||2.412||''</blockquote>Meaning : Every employee should be granted one eighth of his salary as a reward (bonus) annually. If an employee does his work efficiently, he should be granted an extra remuneration equal to one eighth of the piece rate earnings in recognition of his efficiency<ref name=":1" />.

Furthermore it says,<blockquote>स्वामिकार्ये विनष्टो यस्तत्पुत्रेतद् भृतिं वहेत् | यावत् बालोऽन्यथा पुत्रगुणान् दृष्टा भृतिं वहेत् ||2.413||<ref name=":0" /> </blockquote><blockquote>''svāmikārye vinaṣṭo yastatputretad bhr̥tiṁ vahet | yāvat bālo'nyathā putraguṇān dr̥ṣṭā bhr̥tiṁ vahet ||2.413||''</blockquote>Meaning : If any employee dies before retirement, his son becomes automatically entitled to get the employment of his deceased father. After becoming a major, his wages should be determined according to his qualifications.<ref name=":1" />

Furthermore it says,<blockquote>स्वामिकार्ये विनष्टो यस्तत्पुत्रेतद् भृतिं वहेत् | यावत् बालोऽन्यथा पुत्रगुणान् दृष्टा भृतिं वहेत् ||2.413||<ref name=":0" /> </blockquote><blockquote>''svāmikārye vinaṣṭo yastatputretad bhr̥tiṁ vahet | yāvat bālo'nyathā putraguṇān dr̥ṣṭā bhr̥tiṁ vahet ||2.413||''</blockquote>Meaning : If any employee dies before retirement, his son becomes automatically entitled to get the employment of his deceased father. After becoming a major, his wages should be determined according to his qualifications.<ref name=":1" /><ref name=":2" />

== भृत्यपोषणम् ॥ Feeding Domestic Helpers<ref name=":1" /> ==

== भृत्यपोषणम् ॥ Feeding Domestic Helpers ==

The Apastamba Smrti makes an important provision concerning domestic servants which indicates that an employer should ensure humane treatment to the employees. It says,<blockquote>ये नित्या भात्किकास्तेषामनुपरोधेन संविभागो विहित: | काममात्मानं भार्यां पुत्रं कोपरुन्ध्यान्न त्वेव दासकर्मकरम् || </blockquote><blockquote>''ye nityā bhātkikāsteṣāmanuparodhena saṁvibhāgo vihita: | kāmamātmānaṁ bhāryāṁ putraṁ koparundhyānna tveva dāsakarmakaram ||''</blockquote>Meaning : While distributing food to all the [[Atithi Satkara (अतिथिसत्कारः)|guests]], if there is any shortage of food, the householder may reduce the share to himself, his wife and children, but by no means the food due to a domestic helper should be reduced.

The Apastamba Smrti makes an important provision concerning domestic servants which indicates that an employer should ensure humane treatment to the employees. It says,<blockquote>ये नित्या भात्किकास्तेषामनुपरोधेन संविभागो विहित: | काममात्मानं भार्यां पुत्रं कोपरुन्ध्यान्न त्वेव दासकर्मकरम् || </blockquote><blockquote>''ye nityā bhātkikāsteṣāmanuparodhena saṁvibhāgo vihita: | kāmamātmānaṁ bhāryāṁ putraṁ koparundhyānna tveva dāsakarmakaram ||''</blockquote>Meaning : While distributing food to all the [[Atithi Satkara (अतिथिसत्कारः)|guests]], if there is any shortage of food, the householder may reduce the share to himself, his wife and children, but by no means the food due to a domestic helper should be reduced.

The directive of the verse is that an employer should never make his domestic employee starve even if it meant shortage of food for himself. It exhibits the requirement of being kind to employees. It is also obvious that this directive was regarded as essential. Because, if there is shortage of food for the owner and/or his wife, they would certainly prepare food and satisfy their hunger. But the employee would be helpless. Therefore, the rule provided that food should be reserved for the employee, thereby recognising the human right for food.  

The directive of the verse is that an employer should never make his domestic employee starve even if it meant shortage of food for himself. It exhibits the requirement of being kind to employees. It is also obvious that this directive was regarded as essential. Because, if there is shortage of food for the owner and/or his wife, they would certainly prepare food and satisfy their hunger. But the employee would be helpless. Therefore, the rule provided that food should be reserved for the employee, thereby recognising the human right for food.  

This rule read with the others like payment of fair wages and courteous treatment are illustrative of the respect for human right. In fact, they constituted the basic principles for the guidance of employers in order to ensure just and fair treatment to the employees.

This rule read with the others like payment of fair wages and courteous treatment are illustrative of the respect for human right. In fact, they constituted the basic principles for the guidance of employers in order to ensure just and fair treatment to the employees.<ref name=":1" /><ref name=":2" />

== संहृतिः ॥ Synopsis<ref name=":1" /> ==

== संहृतिः ॥ Synopsis ==

Speaking of the Dharma of Employers and Employees, Justice M. Rama Jois in his book "Dharma - The Global Ethic" says,

Speaking of the Dharma of Employers and Employees, Justice M. Rama Jois in his book "Dharma - The Global Ethic" says,

Thus, the mandate has been that it is the duty of every employer and employee to obey the directives which incorporate the Dharma of employers and employees, which in turn would, ensure harmony between them and give no scope for class conflict that could result in industrial unrest.

Thus, the mandate has been that it is the duty of every employer and employee to obey the directives which incorporate the Dharma of employers and employees, which in turn would, ensure harmony between them and give no scope for class conflict that could result in industrial unrest.

Also, the sense of gratitude which is regarded as one of the basic rules of Dharma, was applicable with greater force to the employers and employees. This meant that an employee should be grateful to the employer who provided him an employment with the aid of which the employee not only learnt the job from the employer and acquired expertise, but also earned income. Similarly, an employer was also required to have a sense of gratitude towards his employees, who toiled for him. Thus, mutual co-operation with a sense of gratitude towards each other was made a part of Dharma which is of eternal value for the success of any business, trade, industry or undertaking.  

Also, the sense of gratitude which is regarded as one of the basic rules of Dharma, was applicable with greater force to the employers and employees. This meant that an employee should be grateful to the employer who provided him an employment with the aid of which the employee not only learnt the job from the employer and acquired expertise, but also earned income. Similarly, an employer was also required to have a sense of gratitude towards his employees, who toiled for him. Thus, mutual co-operation with a sense of gratitude towards each other was made a part of Dharma which is of eternal value for the success of any business, trade, industry or undertaking.<ref name=":1" /><ref name=":2" />

== References ==

== References ==

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[[Category:Dharmas]]

[[Category:Dharmas]]