The nature of the contract between Masters and Servants, is simple, and may be clearly defined by the existing laws; of which the following are the most material points; and ought to be well understood, both by masters and servants.
Hiring Servants.
The contract between a master and his domestic servant is called the Hiring, and may be made either in writing, or by verbal agreement; but, in the latter case, there should be a witness.
General Hiring.
If the hiring of a servant be general, without any particular time specified, the law construes it to be a hiring for a year certain. But, before the expiration of the year, three months’ notice, at least, must be given by either party, or the service is continued for another year, and so on; as under a general hiring, the servant can never become a servant at will.
Particular Hiring.
In London, and other great towns, the common mode of hiring is by a month’s warning, or a month’s wages; that is, the parties agree to separate on either of them giving to the other a month’s notice of his intention; or, in lieu of that, the party requiring the separation is to pay or give up a month’s wages: and this kind of hiring is sanctioned by law. But the contract may be made for any longer or shorter time; 5 Eliz. c. 4.
A yearly Servant is intitled to his Wages for the time of actual Service.
If a servant be hired in a general way, he is considered as hired with reference to the general understanding on the subject, and shall be entitled to his wages for the time he has served, though he do not continue in the service during the whole year; and if he die before the end of the year, his representatives will be entitled to so much wages as was due to him at the time of his death.
Of Discharging Servants.