Q: If someone did a job and the fee was not set beforehand, how much is owed?

A: We mentioned last week that it advisable to agree on wages before starting a job. If nothing was stipulated, but it is customary for the worker or employer to have a set fee scale, that amount is binding on the other party.

If the worker and employer do not have a set scale, the job has to be evaluated according to the going rate of such a job. This includes not only the actual wages, but also any benefits that are typically given for this job (C. M. 331:2). We must also take into consideration the quality of the job done and the professional training and qualifications of the employee (Pischei Choshen, Sechirus, ch. 8 ftnt. 11).

In the likely situation that the going rate has a range, the employee is entitled only to the lower end of the range, even if most workers charge more. This is based on the basic principle of monetary law that the party in possession of the money has the upper hand, even against the majority (Ketzos Hachoshen 331:3).