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Paying Workers on Time: Difference between revisions
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# 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> | # 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> | # 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 prohibition can apply to payment for the use of an item.<ref>Halachos of Other People's Money pg. 104 </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> | |||
===Timing=== | |||
# 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> | ||
# 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) | ===Form of Payment=== | ||
# 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> | # 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> | ||
