law of master and servant

The law of master and servant, now largely encompassed within labour law, historically governed the contractual relationship between an employer (master) and an employee (servant). This relationship implied the servant's obligation to obey the master's orders regarding the work and its execution, in exchange for a wage and certain minimum conditions.1

Over time, legal developments and statutory provisions have increasingly limited the freedom of contract in employment. These include regulations on termination of employment, dismissal procedures, minimum wages, and social security rights. While the individual employment contract remains relevant, its significance has been shaped by statutory requirements and collective agreements, particularly in modern labour law.12

In Anglo-American legal traditions, the concept of respondeat superior (let the master answer) holds employers vicariously liable for the torts committed by their employees within the scope of employment, regardless of the employer's personal fault. This doctrine is rooted in the idea that those who exercise control should be responsible for harm caused by those under their command. However, the determination of an employer-employee relationship and whether a tort occurred within the course of employment can be complex, involving various tests beyond simple control.34