THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XV Bo THE TROUBLED ORGANIZATION'S OBLIGATION ON PAYDAY An overview of the Halachos of timely payment of wages.By Rabbi Baruch Meir Levin
Q: As an administrator of a Mosad that is experiencing financial difficulties, I would like to know the extent of my obligation to ensure that the employees are paid on time.
A: The following is a summary of the laws of Bal Talin, the prohibition of delaying a worker's wages, as well as some exceptions that apply, and their parameters.
Bal Talin obligates an employer to pay his worker within the night following his work for a day laborer, or the day following the work of a night laborer. Once this time has passed, Bal Talin is not further transgressed, but the Rabbinic prohibition of Bal Tash’he applies whenever one tells a creditor to go and return later for his payment. This prohibition however, is more lenient than Bal Talin because it doesn’t apply to one who isn’t paying because he is too preoccupied to do so. The Tashbetz (1,64) writes that if the original agreement was to pay the worker, not on a daily basis, but on a weekly or monthly basis, Bal Talin only applies on the day that the payment is due. The Gemara (Bava Metziah, 111) says that there is no Bal Talin if the worker knew before he started working that his wages would be delayed to the day of the market or to after the employer does his accounting. Bal Tash'he however applies after the anticipated date of payment. R' Elyashiv1 adds that an institution that is notorious for delaying payments is not subject to Bal Talin for this reason. Shevet Halevi (7, 233:1) however says that one should follow the stringent opinion of the Meiri that Bal Tash'he applies right away, even if the worker anticipates delayed payment.
Q: As an administrator of a Mosad that is experiencing financial difficulties, I would like to know the extent of my obligation to ensure that the employees are paid on time.
A: The following is a summary of the laws of Bal Talin, the prohibition of delaying a worker's wages, as well as some exceptions that apply, and their parameters.
Bal Talin obligates an employer to pay his worker within the night following his work for a day laborer, or the day following the work of a night laborer. Once this time has passed, Bal Talin is not further transgressed, but the Rabbinic prohibition of Bal Tash’he applies whenever one tells a creditor to go and return later for his payment. This prohibition however, is more lenient than Bal Talin because it doesn’t apply to one who isn’t paying because he is too preoccupied to do so. The Tashbetz (1,64) writes that if the original agreement was to pay the worker, not on a daily basis, but on a weekly or monthly basis, Bal Talin only applies on the day that the payment is due. The Gemara (Bava Metziah, 111) says that there is no Bal Talin if the worker knew before he started working that his wages would be delayed to the day of the market or to after the employer does his accounting. Bal Tash'he however applies after the anticipated date of payment. R' Elyashiv1 adds that an institution that is notorious for delaying payments is not subject to Bal Talin for this reason. Shevet Halevi (7, 233:1) however says that one should follow the stringent opinion of the Meiri that Bal Tash'he applies right away, even if the worker anticipates delayed payment.
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