Question:
BACKGROUND:
1. I founded and operate a vocational nonprofit
2. Unskilled, adults (18+, some are special needs who legally can sign the contract) workers are paid during training in completing jobs for and by the organization
3. The workers work various lengths of time and/or days at the worker’s convenience or based on the organization’s available work schedule
4. The workers sign a written contract agreement which explicitly states that:
a. The previous mentioned times for of work (#3)
b. they will NOT be paid on a certain fixed time period or day of the month
c. they will be paid when they accrue an amount owed in a stated range, since they do not work fixed hours or days (e.g. between $100-200) It is explained that difficult for the nonprofit to do bookkeeping and payments on a fixed schedule due to financial (fund availability) and time constraints (time availability to bookkeeping)
d. They are paid a civilly legal fixed rate/hour, but not be paid for lunch or unreasonably long bathroom breaks
SITUATION:
1. A worker signed this agreement and accepted payment with these terms for some months.
2. The worker now wants to be paid on a fixed monthly date or weekly.
QUESTIONS:
1. Can the worker quit because he wants different payment terms?
2. Is the organization obligated to pay based on the worker’s terms since he is threatening to quit
3. Is the worker violating the contract that he signed (breeching of contract; not keeping his word)
The organization is would be stuck without the ability to complete its work; and in essence is forcing the organization into new terms of payment which the organization does not have the time or funds to commit to
4. one worker claims that he needs the money now; he also wants the convenience of being paid at a fixed schedule and is asking to be paid weekly
5. can the worker be terminated since the organization cannot meet his demands for different payment terms?
resource: https://dinonline.org/2010/11/09/bal-talin-paying-wages-on-time/
Answer:
Thank you for your question.
The answer to your question is dependent on what was written in the contract. If there was no date written, when the contract ends, then the worker can decide that he no longer wants to be bound by these terms and can demand other terms. Additionally, you can also decide that you want to change the terms. Just because you signed a contract to employ the worker, does that mean that you are obligated to do so forever. The same is for him. He agreed to these terms, but it doesn’t obligate him indefinitely. He does however have to give you the acceptable amount of time to find a replacement, should he decide to quit. If the contract however has an ending date, i.e. for a year, then the worker is bound by the contract, and he would have to wait until the end of the contract to negotiate other terms.
Best wishes
