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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> | ||
===Timing=== | ===Timing=== | ||
====At what point would one be in violation==== | |||
# 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> | ||
====Payment in Advance==== | |||
# If one pays in advance of the work being complete, one is not in violation of bal talin. According to some poskim, he would then be losing out on fulfilling the mitzva of paying on time. He can stipulate at the time that he gives the money that he is not technically transferring the money until it is due, in order to get this mitzva of paying on time.<Ref> Halachos of Other People's Money pg. 108. see note 46 there where he quotes from Shu"T Teshuvot Vihanhagot that the Chofetz Chaim would be sure to only pay the carriage driver at the end of the trip because he wanted to fulfill the mitzva of paying on time</ref> | |||
===Form of Payment=== | ===Form of Payment=== | ||
