Lesson 1 Employment Law - Classwork

Name : Date: March 21, 2025 1. Describe the difference between a servant and an independent contractor. Answer: a. A servant (or employee) is someone who places their personal services at the disposal of an employer and works under the employer’s control. The employer dictates how, when, and where the work is done. b. An independent contractor is a person who undertakes to deliver a specific result for another but works independently, without being under the direct control of the person who hires them. They are responsible for how the work is done and are not subject to daily supervision. Key difference: Control. A servant is under the employer's control; an independent contractor is not. 2. Locatio conductio operarum and locatio conductio operis terms used in law of employment. Answer : a. Locatio conductio operarum refers to the contract of employment where a person (the servant) provides personal services under the control of an employer in return for remuneration (salary). It literally means "letting and hiring of services." b. Locatio conductio operis refers to the contract with an independent contractor who agrees to deliver a specific result or completed work without being under the employer's control. It means "letting and hiring of work." The main difference between locatio conductio operarum and locatio conductio operis lies in the nature of the working relationship and the level of control involved. Locatio conductio operarum refers to a contract of employment where an individual, known as a servant or employee, provides personal services to an employer under their direct supervision and control. In this arrangement, the employer dictates how, when, and where the work should be done, and the employee is considered subordinate to the employer. The employee is typically paid a fixed salary at regular intervals and the employer is legally liable for the employee's actions committed within the scope of employment. On the other hand, locatio conductio operis describes the relationship with an independent contractor who is hired to produce a specific result or complete a particular task. The independent contractor works autonomously and is not subject to the employer’s instructions regarding the manner of performance. Instead of being subordinate, the contractor operates on an equal footing with the person hiring them. They are usually paid upon completion of the work or based on outcomes, often through commission or a lump sum. Furthermore, the employer is generally not liable for any wrongdoing or negligence on the part of the independent contractor. This distinction is crucial in determining legal responsibilities, obligations, and liabilities in employment law. 3. Clearly highlight the difference between the two. Answer: The main difference between locatio conductio operarum and locatio conductio operis lies in the nature of the working relationship and the level of control involved. Locatio conductio operarum refers to a contract of employment where an individual, known as a servant or employee, provides personal services to an employer under their direct supervision and control. In this arrangement, the employer dictates how, when, and where the work should be done, and the employee is considered subordinate to the employer. The employee is typically paid a fixed salary at regular intervals and the employer is legally liable for the employee's actions committed within the scope of employment. On the other hand, locatio conductio operis describes the relationship with an independent contractor who is hired to produce a specific result or complete a particular task. The independent contractor works autonomously and is not subject to the employer’s instructions regarding the manner of performance. Instead of being subordinate, the contractor operates on an equal footing with the person hiring them. They are usually paid upon completion of the work or based on outcomes, often through commission or a lump sum. Furthermore, the employer is generally not liable for any wrongdoing or negligence on the part of the independent contractor. This distinction is crucial in determining legal responsibilities, obligations, and liabilities in employment law.