History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.765

v4.c63.765

(S. B. E. vol. 33 p. 345 ⁸²⁸ verse 13) lays down the rule that if the employer supplies food and clothing to the servant, the latter should get a fifth part of the crops (if no wages are settled) or a third part if the servant is given no food nor clothing by the employer. When no wages are settled Vṛddha-Manu prescribes that proper wages will be determined by experts in carrying ⁸²⁹ maritime trade (and other traders) who take into consideration the time, the place and the purpose. Even when the wages were settled the employer could give less or more according to his pleasure in certain cases viz. when a servant or agent acts against the restrictions of time and place prescribed by his employer and consequently the profit is much less, the employer may give less than what is agreed but if the agent brings more profit (than expected) he may give more (Yāj. II. 195). When two or more employees undertake to finish a work but cannot finish it (owing to ill-health or similar obstacle) each of them should be given the wages appropriate to the portion done by each (as settled by an arbitrator), but if the whole work is finished by them the agreed wages must be paid to all of them together (Yāj. II. 196). Yāj. II. 193, Nār. IX. 4 and ⁸³⁰ Bṛ. state that it is the duty of the employed or servant to take as much care of the utensils supplied by the employer as he would take of his own, and that he should not act in that respect wantonly (or crookedly) and that if he did so his wages would become less. If a hired servant, after receiving his wages, does not do the work agreed to be done though able to do so, he should be made to repay to the employer the wages received and a fine equal to double of the wages and if he had not received wages but left the work without cause he should be made to pay to the employer an amount equal to the wages (Yāj. II. 193, Nār. IX. 5, Bṛ. in S. B. E. vol. 33 p. 345 verse 15).⁸³¹ Kauṭ. (III. 14) prescribes a fine of 12 paṇas for a hired servant who does not do the work undertaken even after receiving the wages and that he should be compelled to do the work. Nār. IX. 5 and Kāt. 657 provide that that the king should compel him to do the work and then the agreed wages may be paid to him; but if he does not do it he should be fined.⁸³² The fine in such cases acc. to Vṛddha-Manu was 200 paṇas. Manu VIII. 215 and Bṛ. (S. B. E. 33 p. 345 verse 16) and Matsya 227. 9 provide that a hired servant, who though not ill, does not arrogantly do the work agreed should be fined eight *kṛṣṇalas* and would not get wages at all. This applies where a substantial portion is left undone, but where only a little of the work undertaken is left undone then the servant is not to be fined, but he would lose all the wages (Manu VIII. 217). But if a servant falls ill, then he may do the work after he becomes well and would get the agreed wages even if a long time may have elapsed (Manu VIII. 216). Kauṭ. (III. 14) also provides that if the servant suffers from illness or is overwhelmed by a calamity, concession may be given to him or he may offer a substitute. The Āp. Dh. S. (II. 11. 28. 2-4) prescribes that if a husbandman who is not a slave but is hired for work) gives up the work or a cowherd acts similarly he should be punished with flogging and the animals handed over to the cowherd should be taken back from him. This may have been the ancient law, but it was modified in later ages. Kauṭ. (III. 13) states that if the employer does not pay the wages he should be fined six paṇas or a tenth part of the proper wages or the wages agreed upon and if the hired person denies the receipt of wages (though he really received them) he should be fined twelve paṇas or a fifth part of the wages.⁸³³ Kauṭ. (III. 14) further provides that in the contract of service it may be provided that the master is not to employ another servant or that the servant is not to work for another master during the period fixed.