ARTICLE IV. Termination death,etc, TERMINATION OF EMPLOYMENT. SECTION 1996. Termination by death, etc., of employer. 1998. Continuance of service in certain cases. 1999. Termination at will. 2000. Termination by employer for fault. 2001. Termination by employé for fault. 2002. Compensation of employé dismissed for cause. 2003. Compensation of employé leaving for cause. SEC. 1996. Every employment, in which the power of by dente: the employé is not coupled with an interest in its subject, of employer. Employ. ment, how terminated. Continuance of services in certain cases. Termination at will. is terminated by notice to him of— 1. The death of the employer; or, This section alters the common law by continuing the power until the agent has notice of the principal's change of condition. Such a rule is advocated by Story (Agency, Sec. 495), and is obviously just. N. Y. C. C., Sec. 1026. SEC. 1997. Every employment is terminated- 3. By the death of the employé; or, SEC. 1998. An employé, 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 employé for such service, according to the terms of the contract of employment. N. Y. C. C., Sec. 1028. SEC. 1999. An employment having no specified term may be terminated at the will of either party, on notice to the other, except where otherwise provided by this Title. N. Y. C. C., Sec. 1029. by employer SEC. 2000. An employment, even for a specified term, Termination may be terminated at any time by the employer, in case for fault." of any wilful breach of duty by the employé in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it. SEC. 2001. N. Y. C. C., Sec. 1030. Termination by employé An employment, even for a specified term, may be terminated by the employé at any time, in case of for fault. any wilful or permanent breach of the obligations of his employer to him as an employé, or of the death or incapacity of his employer; subject to the provisions of Sec. 1998. N. Y. C. C., Sec. 1031. SEC. 2002. An employé, dismissed by his employer for good cause, is not entitled to any compensation for services rendered since the last day upon which a payment became due to him under the contract. N. Y. C. C., Sec. 1032. SEC. 2003. An employé, who quits the service of his employer for good cause, is entitled to [such proportion of] the compensation which would become due in case of full performance [as the services which he has already rendered bear to the services which he was to render as full performance]. N. Y. C. C., Sec. 1033. Compensaemployé for cause. tion of dismissed Compensaemployé cause." tion of leaving for CHAPTER II. PARTICULAR EMPLOYMENTS. ARTICLE I. MASTER AND SERVANT. II. AGENTS. III. FACTORS. IV. SHIPMASTERS. V. MATES AND SEAMEN. VI. SHIPS' MANAGERS. Servant, what. Term of hiring. Same. Renewal of hiring. Time of service. Servant to pay over without demand. ARTICLE I. MASTER AND SERVANT. SECTION 2009. Servant, what. 2011. Same. 2012. Renewal of hiring. 2013. Time of service. 2014. Servant to pay over without demand. 2015. When servant may be discharged. SEC. 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. SEC. 2010. N. Y. C. C.. Sec. 1034. 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 piece work, for no specified term. N. Y. C. C., Sec. 1035. SEC. 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. Substitute for N. Y. C. C., Sec. 1036. SEC. 2012. Where, after the expiration of an agree ment 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. N. Y. C. C., Sec. 1037. SEC. 2013. The entire time of a domestic servant belongs to the master; and the time of other servants to such extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day. N. Y. C. C., Sec. 1038. SEC. 2014. A servant must deliver to his master, as soon as with reasonable diligence he can find him, every thing 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. N. Y. C. C., Sec. 1039. SEC. 2015. A master may discharge any servant, other When than an apprentice, whether engaged for a 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. N. Y. C. C., Sec. 1040. servant may be dis charged. ARTICLE II. AGENTS. SECTION 2019. Agent to conform to his authority. 2020. Must keep his principal informed. 2021. Collecting agent. 2022. Responsibility of sub-agent. SEC. 2019. An agent must not exceed the limits of his Agent to actual authority, as defined by the Title on Agency. N. Y. C. C., Sec. 1041. SEC. 2020. An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency. N. Y. C. C., Sec. 1042. conform to his authority Must keep informed. his principal agent. SEC. 2021. An agent employed to collect a negotiable Collecting instrument must collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor; and, if it is a bill of exchange, must present it for acceptance with reasonable diligence. SEC. 2022. N. Y. C. C., Sec. 1043. A mere agent of an agent is not responsible Responsibil as such to the principal of the latter. ity of subagent. N. Y. C. C., Sec. 1044. ARTICLE III. FACTORS. Factor, what Obedienco required SECTION 2026. Factor, what. 2027. Obedience required from factor. 2028. Sales on credit. 2029. Liability of factor under guaranty commission. SEC. 2026. A factor is an agent who is employed by another to buy or sell property for him, and is vested by the latter with the possession of the property. N. Y. C. C., Sec. 1045. SEC. 2027. A factor must obey the instructions of his from factor. principal to the same extent as any other employé, not Sales on credit. Liability of factor under guaranty commission. Factor can not relieve liability. withstanding 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. N. Y. C. C., Sec. 1046. SEC. 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. N. Y. C. C., Sec. 1047. SEC. 2029. A factor who charges his principal with a guaranty commission upon a sale, thereby assumes abso lutely 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 addi tional responsibility for the safety of his remittance of the proceeds. N. Y. C. C., Sec. 1048. SEC. 2030 A factor who receives property for sale, himself from 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. N. Y. C. C., Sec. 1049. |