Differences between “Servant” and “Independent Contractor” – Explained!

Servant

1. I have appointed a car driver for my own car. Here the car driver is my servant. If any accident occurs, I will be held responsible.

2. The servant is under the control and supervision of the employer.

3. Payment of wages is paid by the employer to his servant under the labour rules.

image source: brucebryantscott.files.wordpress.com

4. The type of the work entrusted to a servant can be questionable ‘when’, ‘where’, the work is to be completed.

5. For the torts done by his servant, the employer is liable, as the respondent superior.

6. A master can suspend or dismiss his servant.

7. These characteristic features are not seen in a servant. He could not possess the ownership of the tools, machinery, vehicle, etc.; chance of profit, risk of loss, control, etc.

8. A servant’s service is an integral part of the master’s business.

9. A servant works under a contract of service.

Independent Contractor

1. I engaged taxi from my office to railway station. Here the taxi driver is not my employee. He is an independent contractor. If any accident occurs from my office to railway station, I will not be held responsible.

2. The independent contractor is not under the control and supervision of the employer.

3. Payment of contract for a work, service is paid by the principal to an independent contractor under the provisions of Contract Act.

4. The type of the work entrusted to an independent contractor can be questioned ‘how’ the work is to be completed.

5. For the torts done by independent contractor, the employer is not liable.

6. A master/employer cannot suspend or dismiss an independent contractor, unless the latter violates the terms of the contract.

7. There are some characteristic features of an independent contractor, viz. (i) ownership of the tools, machinery, vehicle, (ii) chance of profit; (iii) risk of loss; (iv) control, etc.

8. An independent contractor’s service is an accessory part of the master’s business.

9. An independent contractor works under a contract for service.