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Paying Workers on Time: Difference between revisions
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==Mitzva== | ==Mitzva== | ||
# Paying workers in a timely fashion is a biblical mitzvah.<ref> Sefer Hachinuch Mitzva 588Shulchan Arukh Choshen Mishpat 339:1. The Sema there explains that the Talmud (Bava Metzia 111a) derives this from the verse, “At his day you shall give him his hire, nor shall the sun go down upon it; for he is poor and sets his heart upon it; lest he cry against you to the Lord, and it should be sin to you” (Devarim 24: 15). While there are potentially five biblical prohibitions in delaying pay, the Sema notes that the Rambam, Tur, and Shulchan Arukh only list one, as five only apply when one does not plan to pay at all (see 339:2). There is also the verse “the wages of he who is hired shall not remain with you all night until the morning” (Vayikra 19:13). Thus this mitzvah is often known as bal talin.It is important to emphasize that the reason for the mitzvah is integral to the mitzvah itself. A guiding factor in this topic should be that people work to make a living, and withholding that living is unfair and immoral, unless, as we will see, the employer and employee operate on consensual terms. see Ahavat Chessed introduction to Perek 9 who bemoans the fact that many people, who are otherwise very ethical, are lax in their observance in this mitzva, and take liberties they would not take in any other area of halacha</ref> | # Paying workers in a timely fashion is a biblical mitzvah.<ref> Sefer Hachinuch Mitzva 588Shulchan Arukh Choshen Mishpat 339:1. The Sema there explains that the Talmud (Bava Metzia 111a) derives this from the verse, “At his day you shall give him his hire, nor shall the sun go down upon it; for he is poor and sets his heart upon it; lest he cry against you to the Lord, and it should be sin to you” (Devarim 24: 15). While there are potentially five biblical prohibitions in delaying pay, the Sema notes that the Rambam, Tur, and Shulchan Arukh only list one, as five only apply when one does not plan to pay at all (see 339:2). There is also the verse “the wages of he who is hired shall not remain with you all night until the morning” (Vayikra 19:13). Thus this mitzvah is often known as bal talin.It is important to emphasize that the reason for the mitzvah is integral to the mitzvah itself. A guiding factor in this topic should be that people work to make a living, and withholding that living is unfair and immoral, unless, as we will see, the employer and employee operate on consensual terms. see Ahavat Chessed introduction to Perek 9 who bemoans the fact that many people, who are otherwise very ethical, are lax in their observance in this mitzva, and take liberties they would not take in any other area of halacha</ref> | ||
# 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. 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> | # 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 Dmalchuta]]. | ||
==Guidelines== | ==Guidelines== | ||
# No distinction is made between wages owed to a penniless worker who depends on his employer or a wealthy worker who is financially independent.<ref>Halachos of Other People's Money pg. 96 </ref> | # No distinction is made between wages owed to a penniless worker who depends on his employer or a wealthy worker who is financially independent.<ref>Halachos of Other People's Money pg. 96 </ref> | ||
