Legal Servant Definition

n. an employee of an employer, technically one who works for a master craftsman. A servant is different from an “independent contractor” who runs his own business, even if he spends a lot of time on the work of a particular person or entity. The employee has fixed hours of work or piecework, is also under the direction of the employer in details, cannot work for competitors and acts in favor of the employer rather than himself. An employee`s employer must provide the employee (employee) with insurance against employee compensation, social security coverage, make income tax deductions, and provide benefits under various federal and state labor laws. An independent contractor is responsible for these payments and the profits themselves. n. the set of rules, including laws and court decisions, that constitute precedents and relate to the relationship between employer and employee. (See: Employment, Supervisor, Domestic) The master-servant relationship results from an express contract; However, sometimes the law implies a contract when there is none, when a person has been led by the behaviour of the employer and the employee to believe that there was one. However, there is no contract unless the master and servant agree. The contract may contain all the conditions agreed by the parties, provided that they are legal. It is important that the clauses are precise enough to be enforceable in court in the event of breach of contract.

An employment contract is legally enforceable by awarding damages to a party who breaks it. However, no employment contract can be enforced by forcing the employee to work, as this would constitute an involuntary servitude prohibited by the United States Constitution. The general rule is that a master can hire and fire servants; However, this is limited to some extent by law. An employee may not be dismissed for a reason that is not authorized by his contract of employment or by the collective agreement that may govern employment; Nor can the person be returned because of race, colour, religion, sex or national origin. In addition, an employer cannot dismiss an employee who exercises certain rights, such as filing a discrimination complaint with a government agency or seeking workers` compensation. Middle English servant, sarvaunt “person who serves a master or a lord, a disciple, a servant”, borrowed from English French, a name derived from the old participle of serving “to be present, to serve the entrance 1” A servant is a person who is employed to render personal services to his employer, other than to exercise an independent vocation, and who, in this service, remains entirely under the control and direction of the latter, who is called his master. Civil Code Cal. Nglish: Translation of servant for Spanish speakers An archaic general legal term used to describe the relationship between an employer and an employee. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “servant.” The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. A staff member is different from an agent because he does not have the authority to act in his employer`s place.

A public servant is also distinct from an independent contractor, who is a person who enters into an agreement to perform a particular work using his or her own methods and who is not under the control of the person who hired him. This definition of servant is based on The Cyclopedic Law Dictionary. This entry needs to be proofread. An employee may be terminated if he or she misappropriates funds, is not in the best interests of his or her employer, refuses to provide contractual services, or is usually late or absent. An employee cannot be fired for insubordination for refusing to follow illegal instructions from his or her employer, nor may he be required to perform illegal tasks such as perjury or receiving stolen goods. An action for damages can be brought against an employer who wrongfully dismisses an employee. Main entry: Law enforcement in the legal dictionary. This section contains a partial definition of personnel in the context of law enforcement. (You can find servants in the Encyclopedia of Universal Law and Etimology more terms). A servant is anyone who works for another person, the Lord, with or without pay. The master-servant relationship arises only when the tasks are performed by the servant under the direction and control of the master and are subject to the knowledge and consent of the master.

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