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.
