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Paying Workers on Time: Difference between revisions
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(Created page with "# Paying workers in a timely fashion is a biblical mitzvah.<ref> Shulchan Arukh Choshen Mishpat 339:1. The Sema there explains that the Talmud (Bava Metzia 111a) derives this...") |
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# The obligation to pay an employee who finishes the work during the day commences at the beginning of the night, and the employee must be paid by dawn. Conversely, if the employee finishes the job at night, the obligation commences at the beginning of the morning, and the employee must be paid by sunset.<ref> Shulchan Arukh Choshen Mishpat 339:3. 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 (Rabbi Ari Marburger, Business Halacha, p. 176).</ref> However, if the employee who works during the day finishes before the day ends, the employee must be paid by sunset. <ref>Ahavat Chesed 9:2.</ref> | # The obligation to pay an employee who finishes the work during the day commences at the beginning of the night, and the employee must be paid by dawn. Conversely, if the employee finishes the job at night, the obligation commences at the beginning of the morning, and the employee must be paid by sunset.<ref> Shulchan Arukh Choshen Mishpat 339:3. 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 (Rabbi Ari Marburger, Business Halacha, p. 176).</ref> However, if the employee who works during the day finishes before the day ends, the employee must be paid by sunset. <ref>Ahavat Chesed 9:2.</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> | ||
# If the employee does not expect or demand the payment at the specified period, the employer is exempt from paying.<ref>Shulchan Arukh Choshen Mishpat 339:9-10. For example, if the employer is up front that he/she is unable to pay immediately and the employee consents, the employer does not need to pay at the end of the period.</ref> | # If the employee does not expect or demand the payment at the specified period, the employer is exempt from paying on time.<ref>Shulchan Arukh Choshen Mishpat 339:9-10. For example, if the employer is up front that he/she is unable to pay immediately and the employee consents, the employer does not need to pay at the end of the period.</ref> | ||
# If the task has been completed, but the item has not been given to the employer/client, the obligation to pay is not yet in effect until the item is turned over to the employer/client.<ref> Shulchan Arukh Choshen Mishpat 339:6.</ref> | # If the task has been completed, but the item has not been given to the employer/client, the obligation to pay is not yet in effect until the item is turned over to the employer/client.<ref> Shulchan Arukh Choshen Mishpat 339:6.</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> | # 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> | ||
