Master and Servant. The relation of master and servant is constituted in Great Britain entirely by contract; for, there being no status of slavery recognised in law, one person can only serve another with his or her own free consent. Being a mere contract, it may, like other contracts, be broken at will, subject only to the usual consequence, that the party in the wrong is liable to pay damages for the breach. The engagement or hiring of a servant may be either verbal or in writing; but if the engagement is for more than one year it must be in writing. A servant undertakes to have competent skill for the duties of the service, and is bound to use due diligence, and to conduct himself respectfully. He is bound to obey all lawful orders of his master during the engagement, if they are within the scope of the particular service for which he is engaged. Thus, a coachman is not bound to do the duties of a cook, and vice versa. Every servant is bound to take due care of his master's property, and is liable to an action at the suit of his master for gross negligence, and also for fraud and misfeasance. A master is not entitled to chastise a servant, whatever the age of the servant may be, though, in the case of an apprentice under age, a moderate chastisement is justifiable. The grounds on which a servant may be lawfully discharged are wilful disobedience, gross immorality, habitual negligence, and incompetence.
If any person entice away a servant, and thereby cause loss to the master, the latter may sue such person for the injury. If the servant is a female, and is seduced, and thereby is unable to continue her service, the master may also bring an action against the seducer for any loss of service caused thereby; and on the same principle a master may bring an action against a third party who causes personal injury to the servant. In the case of the bankruptcy of the master a preference is given to the servant's wages if due and unpaid; but this extends only to two months' wages, and the servant is an ordinary creditor for the balance beyond that sum. The death of the master is a discharge of the contract. When a servant falls sick the master is not bound to provide medical attendance whether the servant lives under his roof or not; but the master is frequently made liable on the ground that the doctor was sent for by and gave credit to the master. Up to 1880 the servant took all the risks of ordinary accidents attending his particular service, but the Employers' Liability Act of that year gave a workman, or, if killed, his representatives, the same remedies against his employer as if he had not been in his service. With certain limitations, it practically abolished the theory of common employment as a defence in actions for compensation by workmen. The Workmen's Compensation Act of 1897 completely abolishes the common employment defence, and makes the employer liable to a workman for all injuries from whatever cause, if arising out of his employment, except his own wilful misconduct. The act of 1900 extends this act to agricultural labourers (see LIABILITY OF EMPLOYERS). Where a servant injures a third party the rule remains that the master is liable, if the servant at the time was acting within the scope of the master's orders, expressed or implied. Hence, if a coachman carelessly run down a person on the highway, or do injury to another, the master is liable; but if the coachman is driving the master's carriage without or contrary to the orders of the master, the servant alone is liable. So the master is not in any way responsible for the crimes or criminal offences committed by his servant; yet sometimes he is involved in fines. The above are the general rules as regards servants generally; but in England there is a distinction in many instances observed between domestic servants and other servants. The leading distinction is that, if nothing is said as to the length of service, it is presumed that the service can be terminated at any time, on giving a month's notice on either side, or in case of the discharge of a domestic servant without notice, then on payment of a month's wages. It is often popularly thought that a domestic servant cannot be turned out of the master's house at a moment's notice, even on paying a month's wages, but this can always be done, with or without cause. If a yearly servant wrongfully quit his master's service he forfeits all claim to wages for the part of the year during which he has served. In case of discharge without cause the servant is entitled to a month's wages, but not board-wages. The master's responsibility as to giving a Character to a Servant is the subject of an article; see also EARNEST.
In general, a servant, if he refuse to enter the service, or leave it without cause, is merely liable to an action of damages for breach of contract, which is no remedy at all, as few servants could pay the costs of a suit. As this conduct, however, might often cause great hardship to masters, especially where they are employed in trade or manufactures, statutes have been passed which give a power to justices of the peace to compel the servant to remain in the service until he give the legal notice to leave. This was formerly done by punishing by imprisonment the servant who left the service without just cause. This law, complained of by workmen as one-sided, was modified by statutes, the regulations of which are now embodied in the Employers and Workmen Act, 1875, and the Conspiracy and Protection of Property Act, 1875. These acts give the county courts special powers with regard to the settlement of disputes between employers and workmen, and provide that a combination of two or more persons cannot be indicted for conspiracy to do what would not be criminal if done by one only. Workmen employed by gas and water companies are liable on breach of their contract to fine or imprisonment. The law of the United States does not recognise a distinction between domestic and other servants.
In Scotland the law as to master and servant differs from the above in several particulars, of which the following are the most important. With regard to domestic servants, in towns, if nothing is said, then the hiring is for half a year, and cannot be put an end to without forty days' warning before the end of the half year; and if the servant is dismissed without just cause, he or she can claim not only wages but board-wages till the end of the term. In case of the master's death the servant can claim wages for the whole of the current term, but is bound in that case to serve the executors, or look out for another situation. In case of the master's bankruptcy the servant is a privileged debtor for the wages of the current term. In most other respects the law as to servants is the same as in England. See C. M. Smith's Law of Master and Servant (4th ed. 1885).