Obligation to pay convalescence pay, severance, and pension for off-the-books work
Question
Shalom.
A housekeeper worked for 28 years. For the first 15 years, she worked off the books, and no pension, convalescence pay, or severance pay was set aside for her. After 15 years, she began working on the books, yet no pension or other benefits were deposited then either. After another 10 years, one of her sons raised a demand that pension contributions be deposited on her behalf. As a result, pension contributions were deposited retroactively from the time she began working on the books.
She has now been dismissed and is claiming severance pay, as well as pension contributions and convalescence pay for the periods during which she did not receive them.
Is there justice to her claims? Additionally, are the pension contributions that were deposited retroactively for the past 10 years obligatory according to Halacha, even though under civil law there is a statute of limitations after seven years? If they were not obligatory, is it possible to offset what is currently owed to her with those retroactive payments?
Answer
Shalom,
Severance pay must be paid even for off-the-books work.
There is no obligation to pay convalescence pay.
If she worked knowing that she was not being paid and continued to work, then regarding pension contributions for the off-the-books period, there is no obligation to pay.
For the on-the-books period, pension contributions must be paid, and in Halacha there is no statute of limitations.
Even if there was no prior debt, the settlement that was reached with her does not allow offsetting the severance obligation now.
