Enquire Within Upon Everything Part 126

1449. Permanency.

An Agreement to give Permanent Employment is received as extending only to a substantial and reasonable period of time, and that there shall be no immediate and peremptory dismissal, without cause.

1450. Stipulation.

When no Stipulation is made at the time of the hiring, or in the agreement, that a servant shall be liable for breakages, injuries from negligence, &c., the employer can only recover from the servant by due process of law.

1451. Prudent Stipulation.

It is a Prudent Stipulation that, if a servant quit his employ before the specified time, or without due notice, a certain amount of wages shall be forfeited; otherwise the employer can only recover by action for damages.

1452. Livery Servants.

In the case of Livery Servants, it should be agreed that, upon quitting service, they deliver up the liveries; otherwise disputes may arise that can only be determined by recourse to law.

1453. Change of Trade.

When a Master to whom an Apprentice is bound for a particular trade, changes that trade for another, the indenture binding the apprentice becomes null and void.

1454. Act of G.o.d.

If a Servant, retained for a year, happen within the period of his service to fall sick, or to be hurt or lamed, or otherwise to become of infirm body by the act of G.o.d, while doing his master's business, the master cannot put such servant away, nor abate any part of his wages for such time.

1455. Terms of Discharge.

But this does not interfere with the Right of an Employer to determine a contract for services in those cases where terms of discharge are specified in the contract of hiring. In such cases, inability to serve, through sickness or other infirmity, puts an end to right to wages, which are in consideration of such services.

1456. Forfeit.

When the Hiring of a Superior Servant is for a year, if the servant, prior to the expiration of the year, commits any act by which he may be lawfully discharged, he cannot claim wages for the part of the year which he may have served.

1457. Claim.

But a Menial Servant may claim up to the date of his dismissal, unless his discharge be for embezzlement or other felonious acts.

1458. Death.

Upon the Death of a Servant, his personal representative may claim arrears of wages due, unless the contract of employment specified and required the completion of any particular period.

1459. Bankrupt Master.

When a Master becomes Bankrupt, the wages or salary of any clerk or servant in his employ, not exceeding four months' wages or salary, and not more than 50, is payable in full before the general creditors receive anything. So also the wages of any labourer or workman not exceeding two months' wages. For any further sums due to him, the clerk, servant, or workman must prove against the bankrupt's estate the same as other creditors.

1460. Receipts.

Receipts should be taken for Wages paid. Where servants have been under age, it has been held that moneys advanced for fineries and extravagances unbecoming to a servant did not const.i.tute payment of wages, and the employer has been compelled to pay again.

1461. Moneys paid to a Married Woman.

The receipt of a married woman is a good discharge for any wages or earnings, acquired or gained by her in any employment or occupation in which she is engaged separately from her husband.

1462. Medical Attendance.

A Master may bacome liable for Medical Attendance upon his sick servant if he calls in his own medical man, and orders him to attend to the servant.

1463. End of Claim.

When a Servant is Discharged for any just cause, he cannot claim wages beyond the last pay-day under the contract of hiring.

1464. General Hiring.

A General Hiring of a Clerk or warehouseman is for a year, even though the wages be paid by the month, unless a month's warning or wages be specified in the contract of employment.

1465. Special Privileges.

Where a Servant Reserves to Himself Special Privileges, such as particular portions of his time, the hiring becomes special, and cannot be governed by the terms of general engagements. So, also, where a servant stipulates to be exempted from particular duties that usually belong to his situation.

1466. Refusal of Duty.

Should a Servant Refuse to perform any duty required from him, his right so to refuse will generally be determined by the usages prevailing among servants of a similar cla.s.s.

1467. Seduction from Employment.

A Servant being Seduced from the Employment of a master, the latter has a right of action against the seducer for losses sustained.

1468. Masters Responsible.

It is an Established Maxim in Law, that whoever does an act by the hands of another shall be deemed to have done it himself. And hence, in many matters, masters are responsible for the acts of their servants. But if a servant does an unlawful act, not arising out of the discharge of his duties to his master, then the employer is not responsible.