Definition, Difference Between Servant and Independent Contractor

Definition, Difference Between Servant And Independent Contractor Date: March 21, 2025 Introduction - - - - - CONTRACTS • Law of contract • Requirements • Voidable and void contracts OWNERSHIP • Law of ownership • Protection • Ways of acquiring • Passing LEASE • Law of lease • Requirements and duties • Termination PURCHASEAND SALE • Law of Purchase and sale • Requirements and duties • Passing of risk and ownership EMPLOYMENT • Law of Employment • Servant and independent contractor • Requirements and duties • Vicarious liability • Termination and unfair dismissal Outline - is employment - A servant - Locatio Conductio Operarum - Independent Contractor. - Locatio Conductio Operis Employment Agreement - It is the act of hiring a person who provides a certain service in exchange for remuneration. - It is an agreement whereby there is letting and hiring of services. - E.g. accountant provides accounting services, while a marketer provides marketing services. - Contract usually states names, addresses, job description, period of work, salary and benefits A Servant - Is an employee who places his personal services at the disposal of another, the employer for remuneration. - Employee is subject to the master's control/ orders as to the means and manner in which he does the work. - i.e. how and when to perform tasks is regulated by his employer. - So a person is a servant if his employer retains a right to control not only the work he does, but also the way in which he does it. - In some cases we may consider also payment of salaries and power of dismissal when assessing if one is an employee, e.g. professional doctors and builders. LOCATIO CONDUCTIO OPERARUM - In summary, the employee places his personal services at the disposal the employer for remuneration. - It is called LOCATIO CONDUCTIO OPERARUM i.e. (Letting and hiring of service) Independent Contractor - Is a person A who undertakes to provide or produce a given result for another person B while not under the control of that person B. - While A is working, he is his own master and not the servant for the person B for whom he does the work. - E.g. construction worker LOCATIO CONDUCTIO OPERIS - Independent contractor produce a given result for another person without being under the orders of that other person, it is called letting and hiring of work. - It is called LOCATIO CONDUCTIO OPERIS i.e. (letting and hiring of work) Employee - LOCATIO CONDUCTIO OPERARUM • Operate under a contract of letting and hiring of services. • Works under the control of the employer. Subject to the supervision, obey & follow instruction as to what to do, time and the manner of performance. • Is a subordinate to the employer. • Working for another. • The employer is liable to third parties for delicts committed by his employee within the scope and in the course of his employment. • Generally paid at fixed regular intervals of time. E.g. $500. Per month. Independent Contractor - LOCATIO CONDUCTIO OPERIS • Operate under a contract of letting and hiring of work. • Is accountable only for results but operates independently from control and orders of employer. • Is his own boss or master. Acts at par with the person whom he is doing the job for. • Doing work for another. • The employer is generally not liable for delicts of the independent contractor. • Remuneration is usually in commission. Usually paid for work done and at times without reference to time spend.