There are situations in which the Mitzvos involved with paying on time (bal tolin) do not apply.
1. If the worker does not request payment, or has not sent someone to collect the payment, there is no bal tolin. This is because the worker’s money was not held back against his will. However, if the worker stands there waiting to be paid, without verbally requesting his payment, that is considered a request for payment, and bal tolin applies.
It should be noted that it is the worker’s responsibility to pick up the money. The employer is not obligated to arrange for the money to be delivered before the deadline. If the worker does not pick up the money, then there is no bal tolin.
2. Even if the worker requests payment, if he agreed to wait for the money, there is no bal tolin. Furthermore, even if the worker really wanted to get paid on time, and only agreed to wait because he was embarrassed to press his demands, there is no bal tolin. However, the worker must clearly agree.
If the employer wants to delay payment, he must ask the worker for his verbal consent, however he may not simply inform the worker that he will pay him next week, without asking for the worker’s consent.
1. Much of the information for this essay is taken from “Halachos of Other People’s Money” by Rabbi Yisroel Pinchos Bodner.
Text Copyright © 2009 by Rabbi Yehonasan Gefen and Torah.org
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