Payment Differences for a Substitute Teacher | Employees and employers | Ask the Rabbi - SHEILOT.COM

Payment Differences for a Substitute Teacher

Question

A question regarding payment for a teacher’s day of absence
The question is presented in the teacher’s words:
Honorable Rabbi,
On a day when I knew I would be absent, I informed the principal, and she asked me to find a substitute. I found one and arranged with her that I would pay her 60 shekels per lesson, and she agreed.
After the principal heard about this, she claimed that she would pay the substitute for an hour through the system, so that the substitute would receive according to her employment terms—more than 60 shekels,
and that she would deduct the hours from me, in order to gain my difference, since my hour is worth 105 shekels.
Needless to say, I am not obligated to find a substitute, but the principal forced me to do so, and despite my efforts to find one and make an arrangement, she interfered with the agreement between us.
All this while the substitute teacher is the principal’s daughter.

And our side:
Shalom u’vracha,
The teacher works for us and wanted to attend a training program of another seminary where she works, during her teaching hours with us.
Beyond the letter of the law, I allowed her to be absent on condition that she find a substitute.
I checked with our accounting department whether, when a teacher does not come and finds a cheaper substitute, she is supposed to receive the difference.
The answer I received was unequivocally no. She did not come, and therefore she is not supposed to receive anything for those hours.
The teacher wants to receive the difference between the payment to the substitute, 60 NIS, and the salary she receives, which is about 105 NIS.
I would be happy to hear the Rabbi’s opinion.

Answer

Shalom u’vracha 

The institution must pay only 60 NIS to the substitute teacher, and the employee has no claim to the difference. 

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