3,231
edits
Paying Workers on Time: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
|||
| Line 4: | Line 4: | ||
# 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]]. | # 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 citing the verse “Say not to your neighbor, Go, and come back, and tomorrow I will give, when you have it by you” (Proverbs 3:28), Halachos Of Other People's Money pg. 104 </ref> | ||
==Guidelines== | ==Guidelines== | ||
| Line 17: | Line 17: | ||
# Although the technical obligation is to pay by dark, since it is not precisely clear when it first gets dark halakhically, it is best to pay by sunset <ref>Rabbi Ari Marburger, Business Halacha, p. 176). see Ahavat Chesed 9:1 who writes that since status of the time between sunset and tzet hakovachim is unclear, we should be strict and be sure to pay before sunset </ref> | # Although the technical obligation is to pay by dark, since it is not precisely clear when it first gets dark halakhically, it is best to pay by sunset <ref>Rabbi Ari Marburger, Business Halacha, p. 176). see Ahavat Chesed 9:1 who writes that since status of the time between sunset and tzet hakovachim is unclear, we should be strict and be sure to pay before sunset </ref> | ||
# When the employee earns a salary at the end of agreed upon periods, the employer must pay by that date.<ref>Business Halacha, p. 176.</ref> | # When the employee earns a salary at the end of agreed upon periods, the employer must pay by that date.<ref>Business Halacha, p. 176.</ref> | ||
===Form of Payment=== | ===Form of Payment=== | ||
# Paying by check would not subject one to any violations, unless the employer stipulates payment by cash and that is the norm in that profession.<ref> Business Halacha, p. 186-187. There is a discussion among poskim about whether or not the bank has to be open in order for the prohibition of delaying payment to not be in effect (see Rabbi Moishe Dovid Lebovits, Halachically Speaking, Volume 4, p. 373-374).</ref> | # Paying by check would not subject one to any violations, unless the employer stipulates payment by cash and that is the norm in that profession.<ref> Business Halacha, p. 186-187. There is a discussion among poskim about whether or not the bank has to be open in order for the prohibition of delaying payment to not be in effect (see Rabbi Moishe Dovid Lebovits, Halachically Speaking, Volume 4, p. 373-374).</ref> | ||
