Sechirut – Chapter 11: Laws of Paying Wages to a worker

1. Obligation to Pay Wages on Time

• It is a positive commandment to pay a worker’s wages on time, as stated in Deuteronomy. (Deut. 24:15).
• Delaying payment violates a negative commandment (“Do not let the sun set…”), though lashes are not administered since payment is owed.
• This applies to wages for people, animals, or utensils.
• Resident aliens must be paid on time, but delaying payment to them does not violate a negative commandment.

2. Severity of Withholding Wages

Withholding payment from a worker is likened to taking their life.

One violates four negative commandments and one positive commandment by delaying payment:

• Do not oppress
• Do not steal
• Do not delay overnight
• Do not let the sun set without paying
• the positive commandment to pay on time

Due Date for Worker’s Wages

• Workers hired for the day may collect wages throughout the following night; those hired for the night may collect throughout the next day.
• The same rule applies for work done over several hours or longer periods.

3. Payment for Contracted Work

• If the worker’s product (like a garment) remains with the craftsman, payment does not need to be immediate.
• Once returned, delay beyond the due date violates the commandment.

4. Responsibility for Wage Payment When Using an Agent

• If an agent hires workers but clarifies the employer is responsible for wages, neither is liable for delayed payment.
• If the agent fails to clarify, he is liable.
• The employer is only culpable if the worker demands payment and it is not given.

5. Continued Obligation After Deadline

• If payment is delayed past its due date, the employer must pay immediately and continues to violate a Rabbinic commandment as long as payment is withheld.

6. Disputes Over Payment When Witnesses Are Present

• If disagreement arises over payment and witnesses observed the hiring, the worker may take an oath and collect wages.
• If hired without witnesses, the employer’s claim is accepted unless the worker proves otherwise.
• If the worker delays his claim, he must prove it or lose the right to collect.

7. Disputes Over Agreed Wage

• When employer and worker disagree on the wage, the worker must bring proof; otherwise, the employer takes an oath.
• If witnesses saw the hiring but did not know the agreed wage, the employer is required to take an oath, so the worker is not left dissatisfied.

8. Payment Disputes for Contracted Work (e.g. Tailor)

• If a craftsman claims a higher wage than the owner, as long as the item remains in their possession, the craftsman may take an oath and collect the claimed amount (up to the item’s value).
• Once returned, proof is required to collect the higher wage.

9. Oath Procedures for Wage Claims

• When a worker needs to take an oath to collect wages, the process is made easier for them.
• Even for small amounts, the worker must take an oath to collect payment.
• These leniencies do not apply in other types of claims.