YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The defendant (=def) is a company that advises those seeking home mortgages; def employed the plaintiff (=pl) for several months as spelled out in a written contract. Hourly pay was minimum rate but there were bonuses per case handled. Def provided its workers with extensive training about real estate, which, def reasons, justifies their clause restricting employees from working elsewhere in the field for three years subsequent to employment at def. Shortly after pl started working, def stopped paying salaries on time, with the claim of extreme illiquidity. They met with all the workers and tried to arrange an installment pay plan. This did not sit well with pl, who shortly thereafter sought alternative employment. Pl is suing for his last two months of salary (April-5795 and May-5457 shekels), for overtime and bonuses not received, and for withholding of pay up to the time of the beit din ruling (34,151 shekels). Def responds that they do not give overtime because they grant breaks during the workday very liberally. The bonuses not given relate to cases which pl did not see through until receipt of mortgage. Def are countersuing for pl’s refusal to follow def’s instructions on helping the client, which they claim caused the loss of several clients. They also claim that pl gave a false report of hours for the last month. They also demand a return of the cost to def of the course pl took, especially since pl is working elsewhere within the field (pl denies this).
P'ninat Mishpat (829)
Various Rabbis
515 - Pay for the End of the Employment Period – Part I
516 - Pay for the End of the Employment Period – Part II
517 - Quitting or Firing? – part I
Load More
Late pay – Israeli law calls for large penalties for late pay of workers, which can be reduced by the court in cases that: the lateness was due to an honest mistake; it was due to forces beyond the employer’s control; the pay was the subject of a legitimate legal disagreement. Regarding April’s salary, beit din was convinced by def’s actions that they had a financial crunch which made paying workers very difficult, as the workers accepted. The dayanim disputed the ramification of this conclusion. According to one dayan, these are extenuating circumstances in which def should not have to pay any penalty, as the only reason that extra payment for lateness is not ribbit is that the one who owed is being charged for improper behavior (see Minchat Shlomo II, 68). According to two dayanim, the point of the law is to penalize an employer enough to deter him from being late. He should have impetus to find ways, e.g., outside financing, to enable payment of workers. Therefore, a penalty of 2,000 shekels is logical in this case. Beit din was convinced by communications between the sides that the reason for def’s not paying in May was that they had counterclaims that they believed in; therefore, on that amount, there will not be a penalty.
Not following rules – A worker is required to follow the employer’s rules. However, in this case, it is unclear that the rules were made clear to pl. In any case, there is no proof that def was damaged by pl’s style of work, which was legitimate based on his experience.
Paying for course – The course in real estate was a "gift" to the workers and was not linked to a certain amount of time working for the company. Pl denies taking information to another firm and claims to be mainly working in a different field. In any case, since he left def because of withheld salary, he is not bound to the pledge to not work for competing companies.
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
fast navigation
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
