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Paying Workers on Time: Difference between revisions
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==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 Requested=== | |||
# If the worker has not requested payment, there is no issue of bal talin because this is not considered holding back the wages against the worker's will.<ref> Shulchan Aruch CM 339:10 based on Baba Metzia 112a, Halachos of Other People's Money pg. 111</ref> However, if the worker stands there waiting to be paid, even if he doesn't explicitly ask for it, that is considered a request for payment. Additionally, if the agreement was to pay by a specific day, the employee does not have to request payment.<ref> Halachos of Other People's Money pg. 112 </ref> Some poskim hold that one who withholds payment, even in a case that the employee made no request for the payment, is in violation of a rabbinic prohibition.<ref> see Ahavat Chessed 9:11, and Halachos of Other People's Money pg. 112</ref> | |||
===Payment is not Expected=== | ===Payment is not Expected=== | ||
# If the employee does not expect | # If the employee does not expect 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> Therefore, if there is a chance that one may not be able to pay on time, the poskim advise that he ask for permission to pay a later time, and if the employee agrees, there will be no violation of bal talin. He should still make every effort to pay on time.<Ref>Halachos of Other People's Money pg. 110 based on Shach 339:2</ref> | ||
# If the worker consents to wait for his payment, there is no bal talin.<Ref> Halachos of Other People's Money pg. 112-113. see note 61 there where he proves that this is the case even if the work was already completed and the time to pay has arrived</ref> Even if the worker is simply too embarrassed to press, and agrees to wait, there is no bal talin. But he must clearly express this consent.<ref>Halachos of Other People's Money pg. 113 in the name of Rav Elyashiv and Rav Zalman Nechemia Goldberg</ref> | |||
# If a worker takes a job where he knows the employer doesn't pay on time, it is as if he agreed beforehand to accept late payment and there is no issue of bal talin.<Ref> Shulchan Aruch 339:9 based on Baba Metzia 111a, Halachos of Other People's Money pg. 113</ref> | |||
===Corporations=== | ===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== | ||
