5.5 工作中所付出的努力
5.5 The Effort Spent in the Work
雇佣合同所针对的是雇员所付出的劳动所带来的利益,工资也是依据这一利益来计算的。劳动本身既不是工资的衡量标准,也不是利益的衡量标准,否则石匠的工资就会高于工程师,因为石匠付出的体力更多;而这与实际情况相悖。因此,工资是对利益的报酬,而不是对劳动的报酬。此外,工资因雇员的类型不同而有所差异和变化,同一雇员的工资也会因利益标准的不同而变化,而不是因劳动付出的不同而变化。无论是在不同工作中,还是在同一工作中,雇佣合同在两种情况下所针对的都是雇主的利益,而不是雇员的劳动。因此,重要的是成果,无论成果来自不同雇员完成的不同工作,还是不同雇员完成的同一工作;劳动本身根本不在考虑之列。诚然,无论是在不同工作中,还是不同人完成的同一工作中,工作成果都是劳动的果实,但所追求的是成果,而不仅仅是劳动,尽管在计算工资时也会注意到劳动。因此,如果某人受雇于建筑工作,那么工资应按时间或按工作量来计算。若按工作量计算,利益显然会体现在建筑的位置、长度、宽度、厚度以及建材等方面。若按时间计算,工作的利益通常随时间增加而增加,随时间减少而减少。因此,对工作的描述连同时间的注明,就是利益的衡量标准。若按时间计算,雇员不应超过其通常的能力工作,也不应被迫进行异常艰苦的劳动。
The contract to hire an employee applies on the benefit of the effort He expends; and the wage is evaluated in terms of this benefit. The effort itself is neither the measure of the wage, nor the measure of the benefit, otherwise the wage of the stonemason would be greater than the wage of the engineer because the stonemason’s effort is greater; and this is contrary to the reality. Therefore, the wage is a recompense for the benefit and not for the effort. Besides that, the wage differs and changes according to the type of employee, and it also changes for the same employee according to the difference in the standard of the benefit, but not according to differences in effort. The contract in both cases was over the benefit of the employer, not over the employee’s effort. So what does matter is the result, whether it was of different employees in different works, or of different employees in the same work; and there is no consideration given to the effort at all. It is true that the result of the work is the fruit of the effort, whether it was in different works, or in the same work done by different people, but what is intended is the result, not only the effort, even though this is noticed in the evaluation of the wage. So if a person was hired for building, then the wage should be evaluated by the time or by the work. If it was evaluated by the work, then the benefit will obviously be manifested in the location of the building, its length, width, thickness and the material of the building etc. If the work was evaluated by time, then the benefit of the work usually increases as the time increases, and decreases as the time decreases. Thus the description of the work together with the mentioning of the time is the measure of the benefit. If it is evaluated by time, the person should not work more than his usual capacity, and should not be obliged to do unusually hard labour.