Reflections on Labour Relations in Roman Law

Abstract

 The contract of hire of service meant the employment of free labour in return for payment for the duration of the hire. In such cases a person obliged himself to place his services at the disposal of another and work for him against wages per hour, day, week, etc. The hire of services in Ancient Rome included primarily manual tasks. Although certain professional services could also be hired, high-standard intellectual activities belonging to the liberal arts could not be the object of locatio conductio. The hire of services gave rise to a synallagmatic bonae fidei obligation. The wage labourer was obliged to work according to the instructions of the employer and with a due standard of care. He was liable for culpa levis. The bearing of risks was divided between the parties. The general rule was that the risk was to be borne by the person within the sphere of whom the circumstance creating an obstacle in the way of performance occurred.