Master and Servant Act

Master and Servant Acts or Masters and Servants Acts were laws designed to regulate relations between employers and employees during the 18th and 19th centuries. An 1823 United Kingdom Act described its purpose as "the better regulations of servants, labourers and work people". This particular Act greatly influenced industrial relations and employment law in the United States, Australia (an 1845 Act), Canada (1847), New Zealand (1856) and South Africa (1856). These Acts are generally regarded as heavily biased towards employers, designed to discipline employees and repress the "combination" of workers in trade unions.

The law required the obedience and loyalty from servants to their contracted employer, with infringements of the contract punishable before a court of law, often with a jail sentence of hard labour. It was used against workers organising for better conditions from its inception until well after the first United Kingdom Trade Union Act 1871 was implemented, which secured the legal status of trade unions. Until then, a trade union could be regarded as illegal because of being "in restraint of trade".

A 2013 study found evidence suggesting that "Master and Servant law allowed workers to insure themselves against labor market risk by allowing them to credibly commit to stay with an employer despite a higher outside wage; when employees did breach their contracts in hope of higher wages, employers used prosecution to retain labor. The elimination of penal sanctions for breach of contract in 1875 was associated with shorter contracts and higher, but more volatile, wages."[1]

  1. ^ Naidu, Suresh; Yuchtman, Noam (2013). "Coercive Contract Enforcement: Law and the Labor Market in Nineteenth Century Industrial Britain". American Economic Review. 103 (1): 107–144. doi:10.1257/aer.103.1.107. ISSN 0002-8282. S2CID 30834417.

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