Chapter 55

COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 1PART 6 SERVICE Chapter 55. Service with Employment. Chapter 56. Particular Employment. Chapter 57. Service without Employment. CHAPTER 55 SERVICE WITH EMPLOYMENT Article 1. Definition of Employment. Article 2. Obligations of Employer. Article 3. Obligations of Employee. Article 4. Termination of Employment. ARTICLE 1 DEFINI TION OF EMPLOYMENT § 55101. Employment, What. The contract of employment is a contract by which one, who is called the employer, engages another , who is called the employee , to do some thing for the benefit of the employer, or of a third person. SOURCE: CC § 1965. NOTE: No 1970 Civil Code '§ 1966 -1968 existed. ---------- ARTICLE 2 OBLIGATIONS OF THE EMPLOYER § 55201. Indemnification of Employee. § 55202. When Indemnif ication not required. § 55203. Employer Liable for Own Negligence.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 2§ 55201. Indemnification of Employee. An employ er must indemnify his employee, except as pre scribed in the next section, for all that he necessarily expends or loses in direct conse - quence of the discharge of his duties as such,

yee. An employ er must indemnify his employee, except as pre scribed in the next section, for all that he necessarily expends or loses in direct conse - quence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. SOURCE: CC § 1969. § 55202. When Indemnifi cation not Required. An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordi nary risks of the busi ness in which he is employed, nor in conse quence of the negligence of another person employed by t he same employer in the same general busine ss, unless the negligence causing the injury was committed in the perfor mance of a duty the employer owes by law to the employ ee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee. SOURCE: CC § 1970. § 55203. Employer Liable for Own Negligence. An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care. SOURCE: CC § 1971. NOTE: No 1970 Civil Code '§ 1972 -1974 existed.

le for Own Negligence. An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care. SOURCE: CC § 1971. NOTE: No 1970 Civil Code '§ 1972 -1974 existed. ---------- ARTICLE 3 OBLIGATIONS OF THE EMPLOYEE § 55301. Duties of Gratuitous Employee. § 55302. Employment at Employee's Request. § 55303. Gratuitous Power of Attorney . § 55304. Employee for Reward. § 55305. Same, own Benefit. § 55306. Service, Contracts Limited to 5 years. § 55307. Employee must Obey Employer . COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 3§ 55308. To C onform to Usage. § 55309. Degree of Skill Required. § 55310. Must use all His Skill. § 55311. Property Belonging to Employer . § 55312. Duty to Account. § 55313 .No Delivery without Demand. § 55314. Preference Given Employer's Business. § 55315. Substitute, who is Liable. § 55316. Negligence. § 55317. Surviving Employee. § 55318. Confidential Employment. § 55301. Duties of Gratuitous Employee. One who, wi thout consideration, undertakes to do a service for another , is not bound to perform the same, but if he actually enters upon its perfor - mance, he must use at least slight care and

ee. One who, wi thout consideration, undertakes to do a service for another , is not bound to perform the same, but if he actually enters upon its perfor - mance, he must use at least slight care and diligence therein. SOURCE: CC § 1975. § 55302. Employment at Employee's R equest. One who, by his own special request, induces another to entrust him with the performance of a service, must perform the same fully . In other cases, one who under takes a gratuitous service may relinquish it at any time. SOURCE: CC § 1976. § 5530 3. Gratuitous Power of Attorney. A grat uitous employee who accepts a written power of attorney must act under it so long as it remains in force, or until he gives notice to his employer that he will not do so. SOURCE: CC § 1977. § 55304. Employee for R eward. One who, for a good consideration, agrees to serve another , must perform the service and must use ordinary care and diligence therein, so long as he is thus employed. SOURCE: CC § 1978. § 55305. Same, Own Benefit. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 4One who is employed at his own request to do that which is more for his own advantage than for that of his employer ,

nefit. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 4One who is employed at his own request to do that which is more for his own advantage than for that of his employer , must use great care and diligence therein to protect the interest of the latter . SOURCE: CC § 1979. § 55306. Service, Contracts Limited to Five Years. A contract to re nder personal service, other than a contract of apprenticeship, as provided in the Chapter on master and servant, cannot be enforced against the employee beyond the term of five (5) years from the commence ment of service under it; but if the employee volu ntarily continues his service under it beyond that time, the contract may be re ferred to as affording a presumptive measure of the compensation. SOURCE: CC § 1980. § 55307. Employee Must Obey Employer . An employee must substantially comply with all the direc tions of his employer concerning the service on which he is engaged, e xcept where such obedience is impossible or unlawful, or would impose new and unreasonable bur dens upon the employee. SOURCE: CC § 1981. § 55308. T o Conform to Usage.

vice on which he is engaged, e xcept where such obedience is impossible or unlawful, or would impose new and unreasonable bur dens upon the employee. SOURCE: CC § 1981. § 55308. T o Conform to Usage. An employ ee must perform his service in conformity to the usage of the place of performance, unless other wise directed by his employ er, or unless it is impracticable, or manifestly injurious to his employer to do so. SOURCE: CC § 1982. § 55309. Degree of Skill Required. An employ ee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill. SOURCE: CC § 1983. § 55310. Must use all His skill. An employee is always bound to use such skill as h e possess es, so far as the same is required, for the service specified. SOURCE: CC § 1984. § 55311. Property Belonging to Employer . COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 5Every thing which an employee acquires by virtue of his employment, except the compensation, if any , which is due to him from his employer , belongs to the latter whether acquired lawfully or unlawfully , or during or after the expiration of the term of his employment.

ept the compensation, if any , which is due to him from his employer , belongs to the latter whether acquired lawfully or unlawfully , or during or after the expiration of the term of his employment. SOURCE: CC § 1985. § 55312. Duty to Account. An employee must, on demand, render to his employer just acc ounts of all his transactions in the course of his service, as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account. SOURCE: CC § 1986. § 55313. No Delivery without Deman d. An employ ee who receives anything on account of his employer , in any capacity other than that of a mere servant, is not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode inv olving greater risk than its retention by the employee himself. SOURCE: CC § 1987. § 55314. Preference Given Employer's Business. An employee who has any business to transact on his own account, similar to that entrusted to him by his employer, must alw ays give the latter the preference. SOURCE: CC § 1988. § 55315. Substitute, Who is Liable.

has any business to transact on his own account, similar to that entrusted to him by his employer, must alw ays give the latter the preference. SOURCE: CC § 1988. § 55315. Substitute, Who is Liable. An employ ee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is dire ctly responsible to the principal. SOURCE: CC § 1989. § 55316. Negligence. An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the latter; and the employer is liable to him, if the serv ice is not gratuitous, for the value of such services only as are properly ren dered. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 6SOURCE: CC § 1990. § 55317. Surviving Employee. Where service is to be rendered by two or more persons jointly , and one of them dies, the survivor must act alone, if t he service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. SOURCE: CC § 1991. § 55318. Confidential Employment.

rvivor must act alone, if t he service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. SOURCE: CC § 1991. § 55318. Confidential Employment. The obliga tions peculiar to confidential employments are defined in the Part on trusts. SOURCE: CC § 1992. NOTE: No 1970 Civil Code '§ 1993 -1995 existed. ---------- ARTICLE 4 TERMI NATION OF EMPLOYMENT § 55401. Termination by Death, etc. § 55402. How Employment is Terminated. § 55403. Continuous in Certain Cases. § 55404. Termsof Employment. § 55405. Termination by Employer. § 55406. Termination by Employee. § 55407. Compensation Due on Dismissal, Cause. § 55408. Compensation, Leaving. § 55409. Deduction for Tardiness. § 55401. T ermination by Death, etc. Every employmen t in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: 1. The death of the employer; or 2. His legal incapacity to contract. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 7SOURCE: CC § 1996. § 55402. How Employment is T erminated. Every employment is terminated: 1. By the expiration of its appointed term; 2.

A BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 7SOURCE: CC § 1996. § 55402. How Employment is T erminated. Every employment is terminated: 1. By the expiration of its appointed term; 2. By the extinction of its subject; 3. By the death of the employee; or 4. By his legal incapacity to act as such. SOURCE: CC § 1997. § 55403. Continuous in Certain Cases. An emp loyee, unless his term of service has ex pired, or unless he has a right to discontinue it at any time without notice, must continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of his employ er's successor in interest, until a reasonable time after notice of the facts has been communi - cated to each successor . The successor must compensate the employee for such service ac cording to the terms of the contract of empl oyment. SOURCE: CC § 1998. § 55404. T erms of Employment. An employ ment, having no specified term, may be termi nated at the will of either party , on notice to the other . Employment for a specified term shall mean an employment for a period greater tha n one month. SOURCE: CC § 1999. § 55405.

m, may be termi nated at the will of either party , on notice to the other . Employment for a specified term shall mean an employment for a period greater tha n one month. SOURCE: CC § 1999. § 55405. T ermination by Employer . An employ ment, for a specified term, may be terminated at any time bythe employer, in case of any willful breach of duty by the employee in the course of his employment, or in case of h is habitual ne glect of his duty or continued incapacity to perform it. SOURCE: CC § 2000. § 55406. T ermination by Employee. An employ ment, for a specified term, may be terminated by the employee at any time, in case of any willful or permanent breach of the obliga tion of his employer to as an employ ee. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT 8SOURCE: CC § 2001. § 55407. Compensation Due on Dismissal, Cause. An employee who is not employed for a specified term, dismissed by his employer , is entitled to compensation for services rendered u p to the time of such dismissal. SOURCE: CC § 2002. § 55408. Compensation, Leaving. An employee who is not employed for a specified term and who quits the service of his employer, is entitled to

ed u p to the time of such dismissal. SOURCE: CC § 2002. § 55408. Compensation, Leaving. An employee who is not employed for a specified term and who quits the service of his employer, is entitled to compensation for services rendered up to the time of such quitting. SOURCE: CC § 2003. § 55409. Deduction for T ardiness. There shall not be deducted from the wages of an employee on account of the employee's coming late to work, a sum in excess of the propor tionate wage which would have been earned during the time actually lost; provided, that for a loss of time less than 30 minutes a half hour's wage may be deducted. SOURCE: CC § 2004. NOTE: No 1970 Civil Code '§ 2005-2008 existed. CROSS -REFERENCES: For the Fair Labor Standards Act, the Child Labor Law, Workers' Compensation Law and other laws regu lating business activities, see Ti tle 20 of this Code. ----------COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH.55 SERVICE WITH EMPLOYMENT