Jewish Law

How the Torah Ensures You Get Paid on Time

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The Mitzvah of Paying Wages on Time

Withholding wages is both a positive and negative commandment among the 613 mitzvot, which prohibits delaying payment for services rendered - whether for a human worker or for the rental of tools and animals - and commands paying one's workers on time.

If someone delays payment, they violate 5 prohibitions:

· "Do not oppress your fellow."

· "Do not steal."

· "The wages of a laborer shall not remain with you until morning."

· "Do not oppress the hired worker who is poor and needy."

· "The sun shall not set upon him."

Additionally, delaying wages violates the positive commandment: "On the same day you shall pay his wages."

This means that an employer must pay workers upon completion of their work. If work is completed during the day, payment must be made that same day before sunset. If work is completed at night, payment must be made during that night before dawn.

A "worker" is considered anyone hired for any kind of work: kindergarten teacher, caregiver, babysitter, secretary, taxi driver, etc.

The Mishnah distinguishes between several types of workers: "day worker," "night worker," "hourly worker," and additional categories such as "Shabbat worker," "monthly worker," "yearly worker," and "seven-year worker" (someone hired for seven years). The Mishnah fundamentally establishes that the payment obligation comes into force when the work is completed rather than during it, and therefore the prohibition against withholding payment only applies after the work is completed.

Practical laws on this topic:

Regular employee: If it was agreed in the contract that the employer will pay the worker at the end of each month, this is not considered withholding wages. By paying on the last day of the month, the employer fulfills the commandment of "on the same day you shall pay his wages." If one wishes to pay in the middle of the month, it is appropriate to stipulate with the worker that the money is considered a deposit until the end of the month, though the worker may already use it beforehand.

Taxi driver fare: One who hires a taxi driver is commanded to pay their wage that same day, and it is proper to pay at the end of the ride to fulfill the commandment. If one pays in advance, the money should be given as a deposit until the ride is completed.

Babysitter or house cleaner: A babysitter or house cleaner must be paid when they complete their work. If they finish before sunset, payment must be made by sunset. If they finish after sunset, payment must be made by dawn of the following day.

Withholding wages from a child: The prohibition against withholding wages also applies to minors. Therefore, if someone asks a child to perform a service and promises them a treat, they are obligated to give the treat that same day.

Private tailoring and ordering eyeglasses: When hiring a tailor to sew clothing, there is a distinction: If one provides their own fabric and hires the tailor for the sewing work, the prohibition of "do not withhold" applies. However, if the tailor purchases the fabric and sews for the customer, they are not considered a worker but rather a seller of their own product, and there is no prohibition against withholding wages. Similarly, when ordering eyeglasses, there is no prohibition of withholding wages as mentioned.

Car rental: One must pay the owner on the same day.

Car repair at a garage: When giving a car for repair at a garage, clothes to a laundry, or a dress to a tailor, and for any tradesperson who receives payment according to the job rather than by days, payment must be made when receiving the repaired item, on the same day before sunset. If the repaired item is received after sunset, payment must be made by dawn the next day. However, as long as the clothing is still with the tailor or the item is in the tradesman's possession, despite their having finished the work, the owner does not violate the prohibition of withholding wages until they take the item back, even if the employer has informed them that the item is ready and waiting for them.

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