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Paying Workers on Time: Difference between revisions
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# Partial payments are subject to the prohibition of delaying payment, meaning payments must be made in full when due. Otherwise one would be in violation of Bal Talin<ref> Ahavat Chesed, 9:10, Halachos of Other People's Money pg. 105</ref> Even if the amount is in dispute and they plan to go to Beit Din, the employer must pay the amount that is agreed upon by both.<ref> Halachos of Other People's Money pg. 105</ref> | # Partial payments are subject to the prohibition of delaying payment, meaning payments must be made in full when due. Otherwise one would be in violation of Bal Talin<ref> Ahavat Chesed, 9:10, Halachos of Other People's Money pg. 105</ref> Even if the amount is in dispute and they plan to go to Beit Din, the employer must pay the amount that is agreed upon by both.<ref> Halachos of Other People's Money pg. 105</ref> | ||
# After the work is completed, one may not use some pretext to bargain down the amount he owes or squeeze the worker for a reduction, unless the worker agrees wholeheartedly.<ref> Halachos of Other People's Money pg. 130 in the name of Rav Pam, as even if you pay one peruta less than you owe him, you would be in violation of bal talin. </ref> | # After the work is completed, one may not use some pretext to bargain down the amount he owes or squeeze the worker for a reduction, unless the worker agrees wholeheartedly.<ref> Halachos of Other People's Money pg. 130 in the name of Rav Pam, as even if you pay one peruta less than you owe him, you would be in violation of bal talin. </ref> | ||
# If one forgot to pay the worker and it is difficult for him to go back and pay, he may call the worker and ask if he can pay later. If the worker allows, then he avoids bal talin but still misses out on the positive mitzva of paying on time.<ref>Halachos of Other People's Money pg. 134</ref> | |||
===Type of Work/Worker=== | ===Type of Work/Worker=== | ||
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===Rental=== | ===Rental=== | ||
====Item==== | ====Item==== | ||
# The prohibition can apply to payment for the use of an item.<ref>Shulchan Aruch 339:1 based on Mishna Baba Metzia 111a, Halachos of Other People's Money pg. 104 and 126 </ref> | # The prohibition can apply to payment for the use of an item.<ref>Shulchan Aruch 339:1 based on Mishna Baba Metzia 111a, Halachos of Other People's Money pg. 104 and 126. see also pg. 133 for specific examples </ref> | ||
# In the case of a rental, bal talin would only apply for rent charged at the end of the rental, not rent charged in advance.<ref>Halachos of Other People's Money pg. 126</ref> | # In the case of a rental, bal talin would only apply for rent charged at the end of the rental, not rent charged in advance.<ref>Halachos of Other People's Money pg. 126</ref> | ||
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# If the worker consents to wait for his payment, there is no bal talin.<Ref> Halachos of Other People's Money pg. 112-113. see note 61 there where he proves that this is the case even if the work was already completed and the time to pay has arrived</ref> Even if the worker is simply too embarrassed to press, and agrees to wait, there is no bal talin. But he must clearly express this consent.<ref>Halachos of Other People's Money pg. 113 in the name of Rav Elyashiv and Rav Zalman Nechemia Goldberg</ref> | # If the worker consents to wait for his payment, there is no bal talin.<Ref> Halachos of Other People's Money pg. 112-113. see note 61 there where he proves that this is the case even if the work was already completed and the time to pay has arrived</ref> Even if the worker is simply too embarrassed to press, and agrees to wait, there is no bal talin. But he must clearly express this consent.<ref>Halachos of Other People's Money pg. 113 in the name of Rav Elyashiv and Rav Zalman Nechemia Goldberg</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> | # 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> | ||
# In some areas of service, the accepted practice is that the provider does not expect payment until he sends an invoice. If that is the case, one would not be obligated to pay until the invoice is provided.<ref>Halachos of Other People's Money pg. 121 gives the example of a dental office.</ref> Once one receives the bill, he should pay within the normal amount of time according to the standards of that profession. Although if he delays he is not technically in violation of Bal talin, it is still rabbinically forbidden to delay the payment. <ref> Halachos of Other People's Money pg. 122 in the name of Rav Elyashiv and Rav Scheinberg. see there where he writes that if one receives a medical bill, he should typically pay within 30 days. If he doesn't pay within that time, he would be in violation of the rabbinic prohibition of delaying. He adds that if they call to remind you, additional delay would certainly be forbidden.</ref> | # In some areas of service, the accepted practice is that the provider does not expect payment until he sends an invoice. If that is the case, one would not be obligated to pay until the invoice is provided.<ref>Halachos of Other People's Money pg. 121 gives the example of a dental office. Pn pg. 133 he adds the examples of accounting or legal fees</ref> Once one receives the bill, he should pay within the normal amount of time according to the standards of that profession. Although if he delays he is not technically in violation of Bal talin, it is still rabbinically forbidden to delay the payment. <ref> Halachos of Other People's Money pg. 122 in the name of Rav Elyashiv and Rav Scheinberg. see there where he writes that if one receives a medical bill, he should typically pay within 30 days. If he doesn't pay within that time, he would be in violation of the rabbinic prohibition of delaying. He adds that if they call to remind you, additional delay would certainly be forbidden.</ref> | ||
# Workers who provide a service on a steady basis, usually do not object if payment is deferred until the next time of service. Therefore, unless he specifically asks to be paid after each session, one may presume that he agrees to work in accordance with the customary practice and there would be no issue of bal talin.<ref>Halachos of Other People's Money pg. 122 gives the example of a baby-sitter who comes to babysit on a regular basis</ref> | # Workers who provide a service on a steady basis, usually do not object if payment is deferred until the next time of service. Therefore, unless he specifically asks to be paid after each session, one may presume that he agrees to work in accordance with the customary practice and there would be no issue of bal talin.<ref>Halachos of Other People's Money pg. 122 gives the example of a baby-sitter who comes to babysit on a regular basis</ref> | ||
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===Hired by an Intermediary=== | ===Hired by an Intermediary=== | ||
# 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> | # 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> For example, if a secretary orders service from a certain provider, or if an employer hires the workers through the worker's secretary, there would be no bal talin.<ref> Halachos of Other People's Money pg. 133 in the name of Rav Elyashiv</ref> Because of this exemption, if an 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 | # If an employer provides the funds but puts the hiring 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> | ||
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==Links== | ==Links== | ||
* Article on [http://rabbikaganoff.com/paying-workers-on-time-the-mitzvah-of-bal-talin/ Paying Workers on Time: The Mitzvah of Bal Talin] by Rabbi Yirmiyahu Kaganoff | * Article on [http://rabbikaganoff.com/paying-workers-on-time-the-mitzvah-of-bal-talin/ Paying Workers on Time: The Mitzvah of Bal Talin] by Rabbi Yirmiyahu Kaganoff | ||
* [https://www.businesshalacha.com/en/audio-general/bal-talin Businesshalacha.com] by Rabbi Leibel Williger | |||
* [http://www.yutorah.org/lectures/lecture.cfm/719701/rabbi-michael-taubes/parshas-ki-seitzei-paying-workers-on-time/ Paying Workers On Time] by Rabbi Michael Taubes | * [http://www.yutorah.org/lectures/lecture.cfm/719701/rabbi-michael-taubes/parshas-ki-seitzei-paying-workers-on-time/ Paying Workers On Time] by Rabbi Michael Taubes | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
