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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> | ||
===Type of Work/Worker=== | ===Type of Work/Worker=== | ||
# This prohibition can apply to different types of workers: a salaried employee, a service provider, or a craftsman.<ref> | # This prohibition can apply to different types of workers: a salaried employee, a service provider, or a craftsman.<ref>Halachos of Other People's Money pg. 104 based on Baba Metzia 112a</ref> | ||
# The prohibition applies whether the worker is a man, woman or child.<Ref>Ahavat Chesed 9:5, Halachos of Other People's Money pg. 119</ref> | # The prohibition applies whether the worker is a man, woman or child.<Ref>Ahavat Chesed 9:5, Halachos of Other People's Money pg. 119</ref> | ||
# Bal Talin does not apply to an akum, nor to an apikores or Jewish idolater.<ref>Halachos of Other People's Money pg. 119. see note 86 there regarding the opinion of the Rambam on this issue</ref> However, although the technical mitzva does not apply, if delaying payment will cause a chilul Hashem, it is obvious that it would be forbidden to do so.<ref>Halachos of Other People's Money pg. 120.</ref> | # Bal Talin does not apply to an akum, nor to an apikores or Jewish idolater.<ref>Halachos of Other People's Money pg. 119. see note 86 there regarding the opinion of the Rambam on this issue</ref> However, although the technical mitzva does not apply, if delaying payment will cause a chilul Hashem, it is obvious that it would be forbidden to do so.<ref>Halachos of Other People's Money pg. 120.</ref> | ||
# The prohibition can apply to payment for the use of an item.<ref>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 </ref> | ||
# A subcontractor does not typically expect payment from a contractor immediately upon completing his work. Therefore, there is no Bal talin.<ref>Halachos of Other People's Money pg. 124</ref> | |||
===Timing=== | ===Timing=== | ||
====At What Point Would One be in Violation==== | ====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> | ||
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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 | ===Item Being Repaired is Still with the Craftsman=== | ||
# 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 Aruch Choshen Mishpat 339:6 based on Baba Metzia 112a, Halachos of Other People's Money pg. 124</ref> Once the item is given, the rule of Bal talin are in full effect.<ref>Shulchan Aruch 339:6, Aruch Hashulchan 339:8, Halachos of Other People's Money pg. 124</ref> For example, if a jeweler informs the customer that his watch is ready to be picked up, but the customer does not go get it or pay for it until after sunset, he has not violated Bal talin because the jeweler was still holding his watch. Once the jeweler returns the watch, he must be paid by sunset<ref>Halachos of Other People's Money pg. 125</ref> | |||
===Payment is not Requested=== | ===Payment is not Requested=== | ||
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# 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 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> | # 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> | ||
# In some areas of service, the accepted practice is that the provider does not expect payment until he sends an invoice. If that is the case, one would not be obligated to pay until the invoice is provided.<ref>Halachos of Other People's Money pg. 121 gives the example of a dental office.</ref> Once one receives the bill, he should pay within the normal amount of time according to the standards of that profession. Although if he delays he is not technically in violation of Bal talin, it is still rabbinically forbidden to delay the payment. <ref> Halachos of Other People's Money pg. 122 in the name of Rav Elyashiv and Rav Scheinberg. see there where he writes that if one receives a medical bill, he should typically pay within 30 days. If he doesn't pay within that time, he would be in violation of the rabbinic prohibition of delaying. He adds that if they call to remind you, additional delay would certainly be forbidden.</ref> | |||
# Workers who provide a service on a steady basis, usually do not object if payment is deferred until the next time of service. Therefore, unless he specifically asks to be paid after each session, one may presume that he agrees to work in accordance with the customary practice and there would be no issue of bal talin.<ref>Halachos of Other People's Money pg. 122 gives the example of a baby-sitter who comes to babysit on a regular basis</ref> | |||
===Employer Doesn't Have the Money=== | ===Employer Doesn't Have the Money=== | ||
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===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> | ||
===Sale=== | |||
# Bal Talin does not apply to a sale. If somebody delays paying for an item that he is purchasing, he is not in violation of bal talin.<ref> Gilyon Rabbi Akiva Eiger on Shulchan Aruch 339:6, Halachos of Other People's Money pg. 125</ref> For example, if somebody buys a suit from a tailor who provides the fabric and makes custom suits, he is not in violation of bal talin because the charge is for the suit and not for the labor.<ref>Halachos of Other People's Money pg. 126</ref> | |||
==Precedence== | ==Precedence== | ||
