Rivki often babysat while learning in school to earn money. She charged the going rate in her town, $10 an hour. One of her regular families was the Goldbergs.
During the summer, when Rivki was off, she would sometimes watch the children for the entire day.
During the fall, Mrs. Goldberg inquired about babysitting.
“I just got engaged last week,” Rivki replied. “I’m too busy now. I don’t expect that I’ll be able to babysit anymore until after the wedding.”
Half a year later, Mrs. Goldberg called again. “I have to be at work tomorrow, but the children have off,” she said. “Are you available to watch them during the day?”
“Yes, I am,” said Rivki. “It will be nice to see the kids again.”
“I need to leave at 8 a.m. and won’t be home until 6 p.m.,” Mrs. Goldberg said. “It will be a full 10 hours. You’ll have to deal with the kids the whole day!”
“I can handle them,” Rivki laughed. “I’ve done it before!”
At the end of the day, when Mr. Goldberg came home, she gave Rivki $100 for the day. “I remember that you charged $10 an hour,” she said.
“That was before I was married, when I was a seminary girl,” said Rivki. “Whenever I watch children now, I charge $15 an hour. I have a house to maintain.”
“You didn’t tell me that yesterday,” said Mrs. Goldberg. “That’s an extra $50 for the day! I assumed that it would cost $10 an hour like before.”
“You didn’t ask, so I assumed you were accepting my current rate,” said Rivki. “I don’t want to take what I don’t deserve, though.”
“I can have my husband speak with Rabbi Dayan,” suggested Mrs. Goldberg.
“That’s a good idea,” said Rivki. “Whatever he says is fine with me.”
Mr. Goldberg called Rabbi Dayan. “How much do we have to pay Rivki?” he asked.
“You are only required to pay what she charged in the past,” answered Rabbi Dayan. “However, I would recommend reaching a compromise with her.”
“Can you please explain?” asked Mr. Goldberg.
“It is advisable to clarify salary terms beforehand to avoid misunderstandings such as this,” replied Rabbi Dayan. “When the salary was not clarified, there are a few factors to consider. When the salary was not set, the worker is entitled only to the lower end of the going rate for comparable workers. This is because of hamotzi meichavaro alav hare’aya, but depends on the qualifications of the worker and the standard of work.” (C.M. 331:2; Ketzos 331:3; Pischei Choshen, Sechirus 8:4 [11])
“However,” he added, “if the worker has a formal, set schedule of fees, it is binding, even if not discussed explicitly, Therefore, in many professional settings, such as an established office or repair shop, the client has to pay the standard fee if other terms weren’t agreed on.”
“Would that not apply here?” asked Mr. Goldberg.
“A babysitting fee is hard to consider a formal, set fee,” replied Rabbi Dayan. “It could apply only if she watched children on a regular basis and her current rate was well known in the community.”
“Moreover, if the worker has a previous arrangement and was rehired, the presumption is that the same terms of contract remain, if not stated otherwise,” he continued. “This is true even if the work was not continuous and there was a break between the two employments.” (Rama C.M. 333:8; Shevet Halevi 5:20 [17]; Mishpetai HaTorah, B.M. #59)
“Nonetheless, if there was a known change of circumstances or a significant time break that would affect the salary, it should be considered,” concluded Rabbi Dayan “Since Rivki got married, it is likely to expect that her fee would change, so I recommend reaching a compromise.” (See B’Tzel Hachochma 3:30 [11-15]; Pri Hachaim (Rosenberg) C.M. #8)