We will take a look at the basic contractual relati##被过滤##hip between employer and employee and the common law c##被过滤##equences of that relati##被过滤##hip. Industrial law is a subject in its own right, but we shall also refer to the main statutory provisi##被过滤## as necessary.
Nature of relati##被过滤##hips.
For the purposes of our study, we must begin by differentiating between the relati##被过滤##hip of employer and employee and others which are apparently similar. In particular we must distinguish it from:
1. An independent contractor.
2. An agent.
3. A partner.
4. A company director.
5. A tenant.
EMPLOYMENT LAW
The law of employment, in Scotland, is traditionally referred to as ‘the law of master and servant’.In modern terminology, for ‘master’ read ‘employer’ and for ‘servant’ read ‘employee’.
Employment is a contractual relati##被过滤##hip by which the employee grants his services to his employer for a certain period of time in return for remuneration. It is therefore a branch of the law of contract.
1. Vicarious liability.
An employer is liable vicariously (in place of the employee) for wrongs done by an employee within the scope of the employment, but not liable for wrongs done by an independent contractor.