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Paying Workers on Time: Difference between revisions
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==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> | ||
# No distinction is made between small and large amounts of money owed to a worker<ref>Ahavat Chesed introduction to Perek 9, Halachos of Other People's Money pg. 97</ref> | # No distinction is made between small and large amounts of money owed to a worker<ref>Ahavat Chesed introduction to Perek 9, Halachos of Other People's Money pg. 97. see there pg. 104 where he writes that some poskim rule that it applies to even less than a perutah</ref> or the amount of work that it takes.<Ref>Ahavat Chesed 9:3 based on Baba Metzia 111b, Halachos of Other People's Money pg. 104</ref> | ||
# This prohibition can apply to different types of workers: a salaried employee, a service provider, or a craftsman.<ref>Shulchan Aruch 339:1 based on Baba Metzia 111a, Halachos of Other People's Money pg. 104</ref> | |||
# The prohibition can apply to payment for the use of an item.<ref>Halachos of Other People's Money pg. 104 | |||
# The obligation to pay an employee who works during the day, commences at the beginning of the night, and the employee must be paid by dawn. Conversely, if the employee works at night, the obligation commences at the beginning of the morning, and the employee must be paid by sunset.<ref> Shulchan Arukh 339:3</ref> However, if the employee who works during the day finishes before the day ends, the employee must be paid by sunset, meaning we always follow when the work was completed, irrespective of when it was begun. <ref>Ahavat Chesed 9:2, Halachos of Other People's Money pg. 102. While Shulchan Aruch 339:3 writes that one who works during the day can be paid all night, the Rama there clarifies that this is only if his work continues into the night. This is clear from Shulchan Aruch 339:4 who states that if someone only worked a few hours during the night, he must be paid by dawn.<br> | # The obligation to pay an employee who works during the day, commences at the beginning of the night, and the employee must be paid by dawn. Conversely, if the employee works at night, the obligation commences at the beginning of the morning, and the employee must be paid by sunset.<ref> Shulchan Arukh 339:3</ref> However, if the employee who works during the day finishes before the day ends, the employee must be paid by sunset, meaning we always follow when the work was completed, irrespective of when it was begun. <ref>Ahavat Chesed 9:2, Halachos of Other People's Money pg. 102. While Shulchan Aruch 339:3 writes that one who works during the day can be paid all night, the Rama there clarifies that this is only if his work continues into the night. This is clear from Shulchan Aruch 339:4 who states that if someone only worked a few hours during the night, he must be paid by dawn.<br> | ||
The Gemara Baba Metzia 111a says he has until the end of the night, and Rashi there (D"H Sechir Shaot) explains that this means until dawn, Amud Hashachar </ref> | The Gemara Baba Metzia 111a says he has until the end of the night, and Rashi there (D"H Sechir Shaot) explains that this means until dawn, Amud Hashachar </ref> | ||
# 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 <ref>Rabbi Ari Marburger, Business Halacha, p. 176). see Ahavat Chesed 9:1 who writes that since status of the time between sunset and tzet hakovachim is unclear, we should be strict and be sure to pay before sunset </ref> | # 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 <ref>Rabbi Ari Marburger, Business Halacha, p. 176). see Ahavat Chesed 9:1 who writes that since status of the time between sunset and tzet hakovachim is unclear, we should be strict and be sure to pay before sunset </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> | ||
# Partial payments are subject to the prohibition of delaying payment.<ref> Ahavat Chesed, 9:10</ref> | # Partial payments are subject to the prohibition of delaying payment.<ref> Ahavat Chesed, 9:10</ref> | ||
# If an employer delays payment illegally, the prohibition only applies at that moment and is not continuous. However, the employer still must pay as soon as possible.<ref>Shulchan Arukh Choshen Mishpat 339:8, based on the verse “Say not to your neighbor, Go, and come back, and tomorrow I will give, when you have it by you” (Proverbs 3:28).</ref> | # If an employer delays payment illegally, the prohibition only applies at that moment and is not continuous. However, the employer still must pay as soon as possible.<ref>Shulchan Arukh Choshen Mishpat 339:8, based on the verse “Say not to your neighbor, Go, and come back, and tomorrow I will give, when you have it by you” (Proverbs 3:28).</ref> | ||
# Paying by check would not subject one to any violations, unless the employer stipulates payment by cash and that is the norm in that profession.<ref> Business Halacha, p. 186-187. There is a discussion among poskim about whether or not the bank has to be open in order for the prohibition of delaying payment to not be in effect (see Rabbi Moishe Dovid Lebovits, Halachically Speaking, Volume 4, p. 373-374).</ref> | |||
==Exceptions== | ==Exceptions== | ||
# 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> | ||
===Payment is not Expected=== | |||
# 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> | |||
===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> | ||
==Precedence== | ==Precedence== | ||
