Contract with a caregiver for wartime
This question and answer were automatically translated using our trained AI and have not yet been reviewed by a qualified rabbi. Please treat this translation with caution.
Go to original →
Question
At the beginning of the year I signed a contract with my daughter's caregiver, in which it is written that in times of war, epidemic, and the like: for the first two weeks one pays full payment, for weeks 3 and 4 half payment, and from then on one does not pay at all.
My questions:
1. If the Home Front Command has not yet returned the educational institutions to activity, but in practice there is a protected room in the kindergarten (mamad) and the like – is this considered a "time of war" according to the contract, or, since she could have worked and did not work, must her entire salary be deducted?
2. When we enter the Pesach vacation, and the Home Front Command still has not returned the educational institutions, am I required to pay her full payment for the vacation days, or is this considered a period for which one does not have to pay, as it would be considered if there were regular school days and not vacation, in which case I would be exempt from payment according to what was agreed in the contract?
Yasher koach.
My questions:
1. If the Home Front Command has not yet returned the educational institutions to activity, but in practice there is a protected room in the kindergarten (mamad) and the like – is this considered a "time of war" according to the contract, or, since she could have worked and did not work, must her entire salary be deducted?
2. When we enter the Pesach vacation, and the Home Front Command still has not returned the educational institutions, am I required to pay her full payment for the vacation days, or is this considered a period for which one does not have to pay, as it would be considered if there were regular school days and not vacation, in which case I would be exempt from payment according to what was agreed in the contract?
Yasher koach.
Answer
Shalom u’vracha.
1. It was precisely for such a case that the terms were agreed upon in advance. One should act in accordance with what was agreed.
2. Payment for the Pesach vacation is akin to payment for work in the winter; therefore, you must pay the full amount.
Comments
Have an additional question on this topic or need clarification? Leave your comment below. (Please note that the comment will not be published but will be sent directly to the answering Rabbi for review and a private response)
