797. Forgoing Payment: A Foregone Conclusion?
If a one-time contractor did work for another but did not ask for payment, we generally assume that he was mochel (waived [payment]), and the customer is not obligated to pay him.
An example is brought by poskim: Someone served in a Rabbinic role, becoming involved in answering halachic queries, and later decided to ask for remuneration for past services. We do not honor his request since it is as if he was moichel being paid.
Obviously if a rabbi was initially hired under contract with a salary, we are obligated to pay him for his time. Even if he never asks for payment outright, there is no basis to assume that he was mochel and we must give him his agreed upon salary.
The same applies to all workers hired under the proviso of long-term employment. The employer’s obligations include wages and benefits, as well as payment for overtime. However, if an individual was hired for a specific number of hours, but worked overtime without including the extra hours in their work log, it is considered as if they waived payment for those additional hours, and they are entitled to be paid only for the number of hours initially agreed upon.
In all cases, the determination whether the worker was mochel payment or not is based upon an umdena - a logical assessment of the facts. (In cases of disputed payment, see Halachah #489 and Halachah #553).