By Rabbi Berach Steinfeld
A private nurse was hired to work through the night from 10:00 PM until 7:00AM. The nurse got paid “by the night” and they never agreed upon an hourly rate. On the night when the clock changed from winter to summer, she ended up working one hour less than usual. The question arises does she lose part of her pay? If this would be a yearlong job, you could say she will make up the hour when the clock changes back. But this job happens to be a temp job.
Reb Yitzchok Zilbershtein answered that since the main clock is the winter standard time, the fact that they change to savings time does not give her the right to collect for the hour she did not work. Reb Chaim Kanievsky Zt”l was asked regarding the changes in shift on the night of the clock change. The first shift states that they are working based on the new clock, so they wish to end at 1:00 old time, 2:00 new time. The second shift disagrees and says they are working on the new time schedule and therefore the 1st shift should work the extra hour. Reb Chaim paskened that the winter standard time is the correct time and therefore the first shift needs to work longer. Reb Chaim said that his uncle, the Chazon Ish, never changed his clock. The Chazon Ish said that just because the Government wants to save money does not mean I need to change my Seder Hayom.
When Reb Chaim was asked about the private nurse, he paskened not like Reb Yitzchok Zilbershtein and said she deserves the full night’s paycheck. The difference between the shift change and this nurse is that by the shift change there is always someone on duty so therefore we pasken like the winter clock, but by the nurse there is no one taking her over in the morning, so she fulfilled her job even though she worked an hour less.
Most Poskim in Eretz Yisroel agree with the above psak. Rav Chaim Wozner though writes that a compromise should be made and only half of that hour should be deducted, since they did not specify this scenario.
In conclusion, a person should anticipate the changing of the clock and have this scenario already put in as part of the terms of payment for employment. Otherwise, the clock change can change the remuneration.
We see the great value of time! Use it wisely!
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{Matzav.com}
