3,231
edits
Paying Workers on Time: Difference between revisions
From Halachipedia
→Hired by an Intermediary
No edit summary |
|||
| Line 56: | Line 56: | ||
# If the worker is not hired directly by the employer, there is no violation of bal talin by either the employer or his intermediary.<ref> Shulchan Aruch CM 339:7 based on Baba Metzia 110b, Halachos of Other People's Money pg. 116-117. see note 74 there for different explanations as to why this is the case</ref> Therefore, if the employer is not sure that he can pay on time, he should else someone else to hire the worker for him.<ref>Halachos of Other People's Money pg. 109 based on Baba Metzia 111a</ref> However, doing so will make him unable to fulfill the positive mitzva of paying his worker on time.<ref>Halachos of Other People's Money pg. 118 in the name of the Chida and Rav Elyashiv</ref> | # If the worker is not hired directly by the employer, there is no violation of bal talin by either the employer or his intermediary.<ref> Shulchan Aruch CM 339:7 based on Baba Metzia 110b, Halachos of Other People's Money pg. 116-117. see note 74 there for different explanations as to why this is the case</ref> Therefore, if the employer is not sure that he can pay on time, he should else someone else to hire the worker for him.<ref>Halachos of Other People's Money pg. 109 based on Baba Metzia 111a</ref> However, doing so will make him unable to fulfill the positive mitzva of paying his worker on time.<ref>Halachos of Other People's Money pg. 118 in the name of the Chida and Rav Elyashiv</ref> | ||
# If an employer provides the funds but puts the hring and paying in the hands of a manager, that manager must pay on time and if he doesn't would be subject to bal talin.<Ref>Halachos of Other People's Money pg. 117</ref> Similarly, if one's wife hires a worker for the house, even though she is technically hiring on behalf of her husband, she is subject to bal talin and must pay the worker on time.<ref>Halachos of Other People's Money pg. 117</ref> | # If an employer provides the funds but puts the hring and paying in the hands of a manager, that manager must pay on time and if he doesn't would be subject to bal talin.<Ref>Halachos of Other People's Money pg. 117</ref> Similarly, if one's wife hires a worker for the house, even though she is technically hiring on behalf of her husband, she is subject to bal talin and must pay the worker on time.<ref>Halachos of Other People's Money pg. 117</ref> | ||
# Some poskim say that if the worker continues to work for the employer with the latter's consent after the first payment, it is considered as if the employer himself confirmed the hire and is once again subject to bal talin.<Ref>Halachos of Other People's Money pg. 117 in the name of Rav Elyashiv.<ref> Accordingly, if a worker was hired through an agency, and then continues to work after the first payday, this would be subject to bal talin.<ref>Halachos of Other People's Money pg. 118</ref> | # Some poskim say that if the worker continues to work for the employer with the latter's consent after the first payment, it is considered as if the employer himself confirmed the hire and is once again subject to bal talin.<Ref>Halachos of Other People's Money pg. 117 in the name of Rav Elyashiv.</ref> Accordingly, if a worker was hired through an agency, and then continues to work after the first payday, this would be subject to bal talin.<ref>Halachos of Other People's Money pg. 118</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> | ||
