The Cine Technician (1935-1937)

Auj^'ust, 1933 The Jour)ial of fJie Associafimi of Cine-Teclmicians 41 Some Legal Rights and Obligations of Employers and Employees By George H. Elvin (Secretory, The Association of Cine-Technicians) "We are all supposed to know the Law, and nobody does." — Jitdf^e Parry. I HAVE been asked to outline a few of the more general rights and obligations concerning the legal relationship of employers and their employees as affecting film technicians. Such law is built up mainly on past judicial decisions — which a Judge could and may override at anj' time — and is largely influenced by trade customs from industry to industry. The film industry is a new one and as at present the practice of one section of the film trade often contradicts that of another, or one employer has different practices from another, it would indeed be difficult to establish the existence of any regular custom. Nevertheless, there are several general practices which would affect executives and technicians. The following are certain observations on general matters of employment, although, as the Film Industry is a new one, what may be termed trade practice might not strictly apply and a test case in a Court of Taw might be necessary to establish such a practice. Contracts of EmpSoyment. — It is not legally necessary, with one exception, that contracts of employment should be in writing. It is, however, desirable, as such a practice minimises the possibility of dispute, or, in the case of disagreement arising, faciHtates settlement. The one exception — that is, when the contract of service must be in writing — is in respect of an agreement which is not to be performed within the space of one year from the making of it. It should be noted that a general employment contract — whether it lasts more than a year or not — does not come within the scope of this exception. By general employment is meant an engagement where no time limit is expressed or where either party may terminate the agreement at any time. This covers the type of agreement under which most film technicians are engaged. Length 0? Notice Terminating Employment. — It appears to be a general impression that the periods at which salaries are paid denote the length of notice required. That is, if one is paid weekly, a week's notice of termination of employment is all that is necessary. This is not so. The periods of payment are regarded as a matter of agreement and convenience between the employer and his employee. The only rule that can be laid down on the subject is that the notice must be a reasonable one. Trade custom is an important point in these matters, and in this connection we have little guidance. In other industries the importance of the employee's occupation appears to be an impurtant factor. We find, for example. that it has been laid down that, apart from agreement, a departmental head is entitled to at least three months' notice — whether he be paid weekly or not — and that in the case of an ordinary clerk whose engagement is obviously a weekly one, at a weekly salary, a week's notice would in ordinary circumstances be held to be reasonable. There are certain cases in which an employee may be dismissed without notice, such as wilful disobedience, gross moral misconduct, gross negligence, incapacity to do the work for which he was engaged, and so on. Payment for Sunday Work. — The Association was recently asked for its opinion on the question of payment for Sunday work and the following views were expressed : — 'Tn the Association's opinion Sunday is a non-dies, and weekly employment implies only a six-day agreement. The custom of the trade varies and, whereas some firms act in accordance with this opinion, others do not. It is the view of the Association that those who do not do so make themselves liable for action." If an employer makes a separate agreement with his staff to work on Sundays he can, unless he is bound by some other agreement not to. Again, in view of the peculiar nature of the film industry, this can be but merely the expression of an opinion which might be upheld or overidden should a case ever be fought on this question. Payment of Salary during Sickness. — An employee has been held to be entitled to payment of salary during sickness. Judge Mellor, K.C., ruled in Fordham v. Schwaldt & Co., that this is so, even when the employer gives the employee clearly to understand to the contrary. This is a matter of contract and agreement and may be varied. Unless agreed otherwise, an amount equivalent to any sum received under the National Health Insurance Acts cannot be deducted from salaries paid. Compensation in respect of Accidents. — Compensation in respect of accidents may be obtained under one of three heads : — (1) Workmen's Compensation Act, 1925. It should be noted that a workman, witliin the meaning of the Act, is not merely a manual labourer, btit any person, a woman as well as a man, who has "entered into or works under a contract of service or apprenticeship with an employer, whether by wav of manual labotir, clerical work, or otherwise." The Act, however, contains a list of certain classes of workers who are not covered by this definition. An abstract of the Act is affixed, by legal compulsion, in a position where it can be easily read, in factories, workshops, etc., where certain persons who