The halachot of what may be done at a Jew’s business on Shabbat and Yom Tov are complicated, both in terms of the root concepts and in applying the rules to similar yet divergent cases. We spelled out many of the principles in Living the Halachic Process, vol. II.[1] We will focus here on applying the rules to your case and providing two practical suggestions. There may be other options; if you have suggestions that you prefer, we can analyze them for you and determine whether and how they would be permitted.
A non-Jew may do work for a Jew on Shabbat if he is paid per job (katzatz), as he is viewed as doing the work for his own benefit (i.e., for the money).[2] In contrast, if he is paid only according to the time he works, he is viewed as agreeing to do work for the employer’s benefit, because of the money offered, and this is forbidden. Since your workers receive a commission for visiting clients’ homes, this condition is fulfilled satisfactorily, despite the fact that they also receive a set salary. Nevertheless, another problem must be avoided: Even in the case of katzatz, one must not require the non-Jew to do this work specifically on Shabbat.[3] If there is no such stipulation, the non-Jewish worker may do so on Shabbat, regardless of the fact that the Jewish employer clearly gains and would like him to do so.[4] It seems that you can conform to this requirement as well in the following manner.
Arrange with a non-Jewish worker that when there is a request for a visit on Shabbat or a Jewish holiday, the job will be his responsibility. It should be up to the worker to decide whether he will actually do the job on Shabbat or whether he will settle with the client to do it at a different time. However, the arrangement should be that the worker does not have to return authority as to who will be doing the visit, even if it can be done at a time other than on Shabbat. If you were to make that demand of him, it would be like saying that you are assigning the client to him with the understanding that he must do the work for you on Shabbat specifically, which, we have seen, is forbidden. (It would be permitted, however, if he has the right, without compunction, to tell the client that he cannot do the job as requested.) In contrast, when he can reschedule the visit for another time, it is comparable a case in which it is likely but not a foregone conclusion that it will be done on Shabbat.[5]
Regarding payment, there are two systems that can be used. In the more straightforward method, the proceeds go the non-Jewish worker alone. It does not matter if, from an accounting perspective, the client writes out a check to your company, as long as the worker receives all of the proceeds (minus real expenses, such as processing the taxes). This system divorces the service visit from you, and as we will see below, makes things halachically simpler. It can be financially worthwhile for you if, as a result, you can reduce his salary accordingly.
It is also possible for the company to be paid and for the worker to then share some of the profits of the company. This arrangement raises the issue of s’char Shabbat, which limits receiving payment for the use of one’s property or assets on Shabbat.[6] However, you may receive part of the money brought in from the work on Shabbat because if one receives payment in one logical lump sum for Shabbat and weekday activities, it is not considered forbidden s’char Shabbat.[7] In this case, a major part of the money coming to the company is for setting up the business, making the connection between the client and the worker who serviced him, etc., much of which takes place during the week. However, in this system, the company is connected to the work done on Shabbat,[8] which introduces the issue of marit ayin.[9] Therefore, it is permitted only if it is not known that it is a Jew’s business or if it is common that one is compensated for such a service with a commission and not as a salaried worker.[10]