Jerusalem – Psak Halacha: Must Pay Wages Despite the War

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    Ashdod schools empty as students were relocated to different cities as rocket continue to rain inJerusalem – The rav of Chassidei Gur in Ashdod, Rav Gross, has ruled that one is not exempt from paying teachers and caretakers because one has left the city due to the war.

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    Rav Shmuel David Hakohen Gross said that he had received a number of questions concerning payment to kindergarten teachers and morning babysitters.

    His ruling which was publicized said:

    “I was asked if those who left Ashdod will have to pay the wages of their teachers, kindergarten teachers or babysitters, especially since they are now paying for these services in the places they are now residing and don’t want to pay twice. Even though different details may affect the ruling, in general it appears that in many cases, they are obligated to pay at least part of the amount. One should not assume that they won’t have to pay.”


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    21 Comments
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    WONDERING
    WONDERING
    15 years ago

    What if the babysitters also leave? do you still have to pay?

    Anonymous
    Anonymous
    15 years ago

    `hey did the rabunim ruled for the public or individual basis ?

    Anonymous
    Anonymous
    15 years ago

    What happens i the parent left town and lost their wages from the work that they do?
    Do they have to pay even though their business was affected?

    Shteig
    Shteig
    15 years ago

    Who is paying the salaries of all the men who are out fighting? These people should be paid for running away? Maybe they can fill in the jobs left behind by the soldiers especially jobs without salaries ? Perhaps keep their stores open etc? Perhaps learn with their children or take their sons to shul on shabbos.

    The Truth
    The Truth
    15 years ago

    What happens if you live in Lakewood – does the same halocho apply or do teachers not have to be paid???

    Anonymous
    Anonymous
    15 years ago

    besides halacha:
    When we employ someone, we have a moral responsibility towards them and their family. We should never hire someone and let them believe it is a long-term job, while in our minds it is just temporary
    We should never hire someone without realizing that their financial decisions and family financial well being will be dependent on getting paid from us.

    I used to have 175 employees in a very seasonal business. I used to sit them down and explain this in detail at the time of hiring, and tell them that only a small fraction will have their jobs between December 1 and March 1. My business was dead during those 2 months. I kept only a skeleton crew, and paid them to “clean and recondition” the equipment, etc., during those 2 months.

    Then, during March and April, I would hire back very slowlly, until by June I was back up to 175 or more.

    But, what I did was hold back 1/4 of their pay from every week’s pay, and gave it to them in one lump sum at the time of layoff. This I called a bonus, and was not part of the officially agreed on salary. This way they had money to tide themselves over during the 60 – 120 days they would be without work. Plus they did know in advance.

    When you stop a person’s paycheck suddenly, whether it is your fault or not, you are putting them in the risk of losing their homes, cars, insurance, etc.,
    It is a responsibility.

    And, though I can understand the people complaining they may have to pay two people, one at their temporary location, plus their original person, I can understand the Rov’s decision.

    It is the right thing to do, even when it hurts.
    Remember, having employees is a responsibility, it is not just like renting a car.

    Anonymous
    Anonymous
    15 years ago

    This Rov was not making a fuzzy moral statement (i hope). This is a Psak Halocho. However, I disagree with him. This is an oiness delo shechiach (except maybe in Sderot). If the babysitter ran away she would not be liable to compensate her clients.

    Anonymous
    Anonymous
    15 years ago

    Has anyone ever heard of this rebbe and is he considered a competent posek?

    Milhouse
    Milhouse
    15 years ago

    “Remember, having employees is a responsibility, it is not just like renting a car.”

    Why is it not like renting a car? Does the car owner not also expect an income from it? Does the supermarket not depend on sales that are now not happening because people have fled north? Perhaps the teachers and babysitters and car rental places and supermarkets in the north, who have profited by the influx of refugees, should pay a commission to those in the south who have lost! Where does it end?

    When you buy anything, whether goods or services, it is a commercial transaction, and you’re not obligated to keep on buying unless you signed a contract saying so, and even that can be broken by force majeure. You are not an eved to the supplier, whether of the good or the service, and are not obligated to keep on buying from him; if you no longer need what he is supplying, or you find a better deal with someone else, you are free to go, JUST AS HE IS FREE TO FIND ANOTHER CUSTOMER.

    Charlie Hall
    Charlie Hall
    15 years ago

    One who publicly disagrees with a psak halachah should do so giving his full name and the qualifications that give him the stature to disagree.