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Termination of Employment.
Section 1996. Temination by death, etc. 2001. Termination by employee. 1997. Employment, how termina. 2002. Compensation due on disted.
missal, cause. 1998. Continuous in certain cases. 2003. Compensation, leaving. 1999. Terms of employment. 2004. Deduction, tardiness. 2000. Termination by employer.
1996. Every employment 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,
1998. An employee, unless the term of his service has expired, 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 the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service acc
according to the terms of the contract of employment.
1999. An employment, having no specified term, may be terminated at the will of either party, on notice to the other. Employment for a specified term shall mean an employment for a period greater than one month. 1915—720.
2000. An employment, for a specified term, may be terminated at any time by the employer, in case of any willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it. 1915— 720.
2001. An employment, for a specified term, may be terminated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an employee. 1915—720.
2002. An employee who is not employed for a specified term, dismissed by his employer, is entitled to compensation for services rendered up to the time of such dismissal. 1915-720.
2003. 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 upto the time of such quitting. 1915—720.
2004. 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 proportionate wage which would have been earned during the time actually lost; provided, that for a loss of time less than thirty minutes a half hour's wage may be deducted. 1921–1698.
V. Mates and Seamen.
Master and Servant. Section
Section 2009. Servant, what.
2014. Servant, to pay over with2010. Term of hiring.
out demand. 2011. Same.
2015. Discharge of servant. 2012. Renewal of hiring.
2009. A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter who is called his master.
2010. A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified term.
2011. In the absence of any agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed.
2012. Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.
2014. A servant must deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from his master, to send anything to him through another person.
2015. A master may discharge any servant, other than an apprentice, whether engaged for fixed term or not:
1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,
2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him.
Section 2019. Agents to conform to 2021. Collecting agent. authority.
2022. Responsibility, sub-agent. 2020. Must keep principal in
formed. 2019. An agent must not exceed the limits of his actual authority, as defined by the title on agency.
2020. An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency.
2021. An agent employed to collect a negotiable instrument must collect it promptly, and take all measures n
the parties thereto, in case of its dishonor; and, if it is a bill of exchange, must present it for acceptance with reasonable diligence.
2022. A mere agent of an agent is not responsible as such to the principal of the latter.
2026. Factor, what.
2027. Obedience required. :,2028. Sales on credit.
2026. A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive payment therefor from the purchaser.
2027. A factor must obey the instruction of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may, nevertheless, sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee.
2028. A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the purchaser upon the term of credit, may not extend it.
2029. A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds.
2030. A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, cannot relieve himself from responsibility therefor without the consent of his principal.
Section 2034. Appointment of master. 2040. When may abandon ship. 2035. When must be on board. 2041. Duties on abandonment. 2036. Pilotage.
2042. Cannot trade on own ac2037. Power over seamen.
count, when. 2038. Power over passengers. 2043. Care and diligence. 2039. Impressing private stores. 2044. Authority of master.
2034. The master of a ship is appointed by the owner, and holds during his pleasure.
2035. The master of a ship is bound to be always on board when entering or leaving a port, harbor, or river.
2036. On entering or leaving a port, harbor, or river, the master of a ship must take a pilot if one offers himself, and while the pilot is on board the navigation of the ship devolves on him.
2037. The master of a ship may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment, not prohibited by acts of Congress, being responsible for the abuse of his power.
2038. The master of a ship may confine any person on board, during a voyage, for willful disobedience to his lawful commands.
2039. If, during a voyage, the ship's supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, on payment of their value, or giving security therefor.
2040. The master of a ship must not abandon it during the voyage, without the advice of the other officers.
2041. The master of a ship, upon abandoning it, must carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability.
2042. The master of a ship, who engages for a common profit on the cargo, must not trade on his own account, and if he does, he must account to his employer for all profits thus made by him.
2043. The master of a ship must use great care and diligence in the performance of his duties, and is responsible for all damage occasioned by his negligence, however slight.
2044. The authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regulated by the title on agency.
Mates and Seamen.
Section 2048. Mate, what.
2057. Wrongful discharge. 2049. Seamen, what.
2058. Wages, unaffected, wreck. 2050. Mate, seaman, engaged, 2059. Certificate. discharged.
2060. Disabled seamen. 2051. Unseaworthy vessel.
2061. Maintenance during sick2052. Seaman not to lose wages
ness. or lien by agreement.
2062. Death on voyage. 2053. Special agreements.
2063. Theft forfeits wages. 2054. Wages depend freightage. 2064. Cannot ship goods. 2055. When wages begin.
2066. Law governing seamen. 2056. Wages where voyage is
• broken up before departure.
2048. The mate of a ship is the officer next in rank to the master, and in case of the master's disability he must take his place. By so doing he does not lose any of his rights as mate.
2049. All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this code.
2050. The mate and seamen of a ship are engaged by the master, and may be discharged by him at any period of the voyage, for willful and persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of the voyage.
2051. A mate or seaman is not bound to go to sea in a ship that is not seaworthy; and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had.
2052. A seaman connot, by reason of any agreement, be deprived of his lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon his right to wages in case of the loss of the ship, or to abandon any right he may have or obtain in the nature of salvage, is void.
2053. No special agreement entered into by a seaman can impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement, and receives a fair compensation therefor.
2054. Except as hereinafter provided, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is owing to the fault of the owner or master.
2055. The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.
2056. Where a voyage is broken up before departure of the ship, the seamen must be paid for the time they have served, and may retain for their indemnity such advances as they have received.