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Title VI Hire of Services

Page: 80

Section: 574 - 582

Section 574.- The owner may also terminate the contract in case of the default of two successive payments, or breach of any material part of the contract ; in which case all previous payments are forfeited to the owner who is entitled to resume possession of the property.

In case of breach of contract by default of the last payment, the owner is entitled to forfeit previous payment and resume possession of the property only after the expiration of one instalment period.

 

TITLE VI

HIRE OF SERVICES

 

Section 575.- A hire of services is a contract whereby a person, called the employee, agrees to render services to another person, called the employer, who agrees to pay a remuneration for the duration of the services.

 

Section 576.- The promise to pay a remuneration is implied, if under the circumstances cannot be expected that the services are to be rendered gratuitously.

 

Section 577.- The employer may transfer his right to a third person with the consent of the employee.

The employee may have a third person render the services in his place with the consent of the employer.

If either party acts contrary to this provision, the other party may terminate the contract.

 

Section 578.- If the employee either expressly or impliedly warrants special skill on his part, the absence of such skill entitles the employer to terminate the contract.

 

Section 579.- Absence of the employee from service for a reasonable cause and during a reasonable short period does not entitle the employer to terminate the contract.

 

Section 580.- If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable after the services have been rendered ; if fixed by periods, the remuneration is payable at the end of each period.

 

Section 581.- If after the end of the agreed period the employee continues to render services and the employer knowing thereof does not object, the parties are presumed to have made a new contract of hire on the same terms, but either party can terminate the contract by giving notice in accordance with the following Section.

 

Section 582.- If the parties have not fixed the duration of the contract, either party can terminate it by giving notice at or before any time of payment to take effect at the following time of payment. But no more than three-month notice need be given.

The employer can, on giving such notice, immediately dispense with the services of the employee by paying him his remuneration up to the expiration of the notice.