By Rabbi Meir Orlian | |||
#51 |
Shemini |
25.03.2011 |
N/A |
Q: When is considered “payment day” in halacha?
A: The proper time for payment depends on the terms of employment and the nature of the job. If a stipulated time was agreed upon, payment is due then. For regular employees, this typically means a weekly, bi-weekly, or monthly “pay day.” For contracted work, if the invoice allows 7, 14 or 30 days for payment of services, wages are due by then (C. M. 339:9-10). If the employment terms do not stipulate a time, but there is a clear local practice for that type of work, e.g., the first or last day of the month, payment is due then (C.M. 331:1-2). If the employment terms do not stipulate a time and there is no local custom, payment is due on the day or night that the services were completed (C.M. 339:3-4). Therefore, for a per-diem worker or plumber who did repairs during the day, payment is due that day; for a musician who performed at an evening bar mitzvah, payment is due that night.
If an employer doesn’t expect to pay immediately, he should clarify this beforehand with the worker.