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Paying Workers on Time: Difference between revisions
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# If a worker takes a job where he knows the employer doesn't pay on time, it is as if he agreed beforehand to accept late payment and there is no issue of bal talin.<Ref> Shulchan Aruch 339:9 based on Baba Metzia 111a, Halachos of Other People's Money pg. 113</ref> | # If a worker takes a job where he knows the employer doesn't pay on time, it is as if he agreed beforehand to accept late payment and there is no issue of bal talin.<Ref> Shulchan Aruch 339:9 based on Baba Metzia 111a, Halachos of Other People's Money pg. 113</ref> | ||
===Employer Doesn't Have the Money=== | |||
# If the employer does not have the money to pay his worker when the payment is due, there is no issue of bal talin.<ref> Shulchan Aruch 339:10 based on Baba Metzia 112a, Halachos of Other People's Money pg. 114</ref> This means that he doesn't have cash, or money available in a bank account. He would not be obligated to sell his assets.<ref>Halachos of Other People's Money pg. 114. see there where he does qualify this statement, that if he has marketable assets that can be sold without a loss, he must do so to pay this worker </ref> | |||
# If one only has a large bill, he must go get change and pay the worker.<Ref> Halachos of Other People's Money pg. 115 </ref> | |||
# If he doesn't have the full amount, but can pay a partial amount, he must do so. If he doesn't use all the money that he has available, he is in violation of bal talin.<Ref>Ahavat Chesed 9:10, Halachos of Other People's Money pg. 115</ref>Even if he is left with a choice of paying this worker or buying food for Shabbat, he must choose paying the worker.<ref> Halachos of Other People's Money pg. 115, Biur Halacha OC 242: Lichavod</ref> | |||
# If he can borrow the money easily and be able to fulfill the mitzva of paying on time, this is advisable.<Ref>Halachos of Other People's Money pg. 116, Aruch Hashulchan 339:14</ref> | |||
# If one knows he will not have the money to pay the worker, he is not allowed to hire him in the first place.<ref>Ahavat Chesed 10:!2, Halachos of Other People's Money pg. 114</ref> | |||
===Corporations=== | ===Corporations=== | ||
# Corporations are not subject to the prohibitions of delaying payment.<ref>Business Halacha, p.184.</ref> Managers are also not subject to this prohibition unless the wage is being withheld for personal purposes.<ref>Business Halacha, p. 185, based on Mishnas R’ Aharon (Volume 2, Responsa 73:3). Rabbi Marburger notes, though, that a manager is responsible so long as he or she has the ability to pay; the manager need not use personal money if the company funds are not available.</ref> | # Corporations are not subject to the prohibitions of delaying payment.<ref>Business Halacha, p.184.</ref> Managers are also not subject to this prohibition unless the wage is being withheld for personal purposes.<ref>Business Halacha, p. 185, based on Mishnas R’ Aharon (Volume 2, Responsa 73:3). Rabbi Marburger notes, though, that a manager is responsible so long as he or she has the ability to pay; the manager need not use personal money if the company funds are not available.</ref> | ||
