THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 XXIV Vayikra- Shabbos Zachor HOW TO DESIGN AN EMPLOYMENT AGREEMENT TO AVOID BAAL TALIN Is it better to employ exclusions and avoid transgressions, or is it ideal to fulfill the positive commandment? By Rabbi Yehoshua Grunwald
Hiring New Employees?? Watch Out For These Potential Pitfalls.
After a grueling interview process and meeting countless people you finally decided to hire someone. You and the new employee are both excited as you both have endless possibilities in your eyes, but, beware! Hiring an employee comes along with the responsibility of many Torah commandments.
On a biblical level, when an employer doesn't pay his employee within the end of the day, (or night) of the last day of a work cycle, he can potentially commit 5 Biblical prohibitions, the same amount of prohibitions as shaving one's face with a razor or eating five kzaisim of pork!
There is also a Biblical positive commandment to pay on time (within the onah of which the work ended,), and, thus, the lack of paying on time is a violation of that commandment as well.1
There are a few exclusions to the above mentioned prohibitions. They are the following: if the employee was either, hired through an intermediary, doesn't demand the money, or agreed to be paid later2. Another exception is if the employer doesn't have funds to pay (or even if he has funds but will suffer a loss to pay on time.)
Although the aforementioned exclusions apply on a Biblical prohibitions level, there remains a Rabbinic requirement to pay as soon as possible, learned from the Passuk 'al tomar lerayacha lech veshov veyesh iticha.’3
It’s logical that an employer should employ one of the aforementioned exclusions to avoid any potential occurrence of violating any of the biblical transgressions. However, according to many opinions there is a disadvantage, because when the transgressions are inapplicable one doesn't positively fulfill the positive commandment of “byomo titen scharo” either.4 So by setting the arrangement up in a manner that Bal Talin does apply – there is the ability to gain that Mitzva when attained (albeit at the risk of transgressing the multiple prohibitions when not attained.)
So which one is better? Employing the exclusions and thereby avoiding any possible biblical transgressions? Or is it ideal to attempt to fulfill the Biblical positive commandment?
Hiring New Employees?? Watch Out For These Potential Pitfalls.
After a grueling interview process and meeting countless people you finally decided to hire someone. You and the new employee are both excited as you both have endless possibilities in your eyes, but, beware! Hiring an employee comes along with the responsibility of many Torah commandments.
On a biblical level, when an employer doesn't pay his employee within the end of the day, (or night) of the last day of a work cycle, he can potentially commit 5 Biblical prohibitions, the same amount of prohibitions as shaving one's face with a razor or eating five kzaisim of pork!
There is also a Biblical positive commandment to pay on time (within the onah of which the work ended,), and, thus, the lack of paying on time is a violation of that commandment as well.1
There are a few exclusions to the above mentioned prohibitions. They are the following: if the employee was either, hired through an intermediary, doesn't demand the money, or agreed to be paid later2. Another exception is if the employer doesn't have funds to pay (or even if he has funds but will suffer a loss to pay on time.)
Although the aforementioned exclusions apply on a Biblical prohibitions level, there remains a Rabbinic requirement to pay as soon as possible, learned from the Passuk 'al tomar lerayacha lech veshov veyesh iticha.’3
It’s logical that an employer should employ one of the aforementioned exclusions to avoid any potential occurrence of violating any of the biblical transgressions. However, according to many opinions there is a disadvantage, because when the transgressions are inapplicable one doesn't positively fulfill the positive commandment of “byomo titen scharo” either.4 So by setting the arrangement up in a manner that Bal Talin does apply – there is the ability to gain that Mitzva when attained (albeit at the risk of transgressing the multiple prohibitions when not attained.)
So which one is better? Employing the exclusions and thereby avoiding any possible biblical transgressions? Or is it ideal to attempt to fulfill the Biblical positive commandment?
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