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Paying Workers on Time: Difference between revisions
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# Paying workers in a timely fashion is a biblical mitzvah.<ref> Sefer Hachinuch Mitzva 588, Shulchan Arukh Choshen Mishpat 339:1. The Sema 339:1 explains that the Talmud (Bava Metzia 111a) derives this from the verse, “At his day you shall give him his hire, nor shall the sun go down upon it; for he is poor and sets his heart upon it; lest he cry against you to the Lord, and it should be sin to you” (Devarim 24: 15). <br> | # Paying workers in a timely fashion is a biblical mitzvah.<ref> Sefer Hachinuch Mitzva 588, Shulchan Arukh Choshen Mishpat 339:1. The Sema 339:1 explains that the Talmud (Bava Metzia 111a) derives this from the verse, “At his day you shall give him his hire, nor shall the sun go down upon it; for he is poor and sets his heart upon it; lest he cry against you to the Lord, and it should be sin to you” (Devarim 24: 15). <br> | ||
While the Gemara Baba Metzia 111a mentions that there are potentially five biblical prohibitions in delaying pay (Rashi), the Sema notes that the Rambam, Tur, and Shulchan Arukh only list one, as five only apply when one does not plan to pay at all (see 339:2). There is also the verse “the wages of he who is hired shall not remain with you all night until the morning” (Vayikra 19:13). Thus this mitzvah is often known as bal talin. It is important to emphasize that the reason for the mitzvah is integral to the mitzvah itself. A guiding factor in this topic should be that people work to make a living, and withholding that living is unfair and immoral, unless, as we will see, the employer and employee operate on consensual terms. see Ahavat Chessed introduction to Perek 9 who bemoans the fact that many people, who are otherwise very ethical, are lax in their observance of this mitzva, and take liberties they would not take in any other area of halacha</ref> | While the Gemara Baba Metzia 111a mentions that there are potentially five biblical prohibitions in delaying pay (Rashi), the Sema notes that the Rambam, Tur, and Shulchan Arukh only list one, as five only apply when one does not plan to pay at all (see 339:2). There is also the verse “the wages of he who is hired shall not remain with you all night until the morning” (Vayikra 19:13). Thus this mitzvah is often known as bal talin. It is important to emphasize that the reason for the mitzvah is integral to the mitzvah itself. A guiding factor in this topic should be that people work to make a living, and withholding that living is unfair and immoral, unless, as we will see, the employer and employee operate on consensual terms. see Ahavat Chessed introduction to Perek 9 who bemoans the fact that many people, who are otherwise very ethical, are lax in their observance of this mitzva, and take liberties they would not take in any other area of halacha</ref> | ||
# If an employer completely refuses to pay a worker his wages, in addition to violating Lo Talin, he also violates Oshek.<Ref>Sefer Hachinuch Mitzva 258, Shulchan Aruch CM 359:8, Halachos of Other People's Money pg. 40</ref> For example, if a business closes, and the employer decides not to pay the last payroll because of the losses, he is in violation of Oshek. <ref>Halachos of Other People's Money pg. 40</ref> Regarding bankruptcy of a corporation, a competent halachic authority should be consulted.<ref> see [https://www.businesshalacha.com/en/article/bankruptcy-halacha Bankruptcy in Halacha] from the Business Halacha Institute, [https://www.jlaw.com/Articles/bank.html Bankruptcy: A Halakhic Perspective] by Rabbi Yitzchok Breitowitz, and [http://www.jlaw.com/Articles/bankruptcy.html Bankruptcy - A Viable Halachic Option?] by Steven H. Resnicoff </ref> See [[Dina | # If an employer completely refuses to pay a worker his wages, in addition to violating Lo Talin, he also violates Oshek.<Ref>Sefer Hachinuch Mitzva 258, Shulchan Aruch CM 359:8, Halachos of Other People's Money pg. 40</ref> For example, if a business closes, and the employer decides not to pay the last payroll because of the losses, he is in violation of Oshek. <ref>Halachos of Other People's Money pg. 40</ref> Regarding bankruptcy of a corporation, a competent halachic authority should be consulted.<ref> see [https://www.businesshalacha.com/en/article/bankruptcy-halacha Bankruptcy in Halacha] from the Business Halacha Institute, [https://www.jlaw.com/Articles/bank.html Bankruptcy: A Halakhic Perspective] by Rabbi Yitzchok Breitowitz, and [http://www.jlaw.com/Articles/bankruptcy.html Bankruptcy - A Viable Halachic Option?] by Steven H. Resnicoff </ref> See [[Dina D'Malchusa Dina]]. | ||
# In any case that the prohibition of delaying wages doesn't apply, the positive mitzva of paying on time also doesn't technically apply.<Ref> Halachos of Other People's Money pg. 103 in the name of Rav Elyashiv</ref> | # In any case that the prohibition of delaying wages doesn't apply, the positive mitzva of paying on time also doesn't technically apply.<Ref> Halachos of Other People's Money pg. 103 in the name of Rav Elyashiv</ref> | ||
# The prohibition of delaying wages only applies on the first day.<ref>Shulchan Aruch CM 339:8. </ref> Some say that this applies even if one intentionally delayed.<ref>Aruch Hashulchan 339:10</ref> Similarly, if one was exempt from paying at the time that the wages were due, for whatever reason, the prohibition of bal talin will not come into play in the future either, even if he intentionally delays.<ref> Halachos of Other People's Money pg. 103</ref>In any event, one should pay immediately and any further delay is a violation of a rabbinic prohibition.<ref>Shulchan Aruch CM 339:8 based on Gemara Baba Metzia 110b, Halachos Of Other People's Money pg. 104 </ref> | # The prohibition of delaying wages only applies on the first day.<ref>Shulchan Aruch CM 339:8. </ref> Some say that this applies even if one intentionally delayed.<ref>Aruch Hashulchan 339:10</ref> Similarly, if one was exempt from paying at the time that the wages were due, for whatever reason, the prohibition of bal talin will not come into play in the future either, even if he intentionally delays.<ref> Halachos of Other People's Money pg. 103</ref>In any event, one should pay immediately and any further delay is a violation of a rabbinic prohibition.<ref>Shulchan Aruch CM 339:8 based on Gemara Baba Metzia 110b, Halachos Of Other People's Money pg. 104 </ref> | ||
