Section — Vermeersch, Theologia Moralis
§ 1. On Masters and Domestic Servants
I. 1. Household servants must acknowledge and reverence the domestic power of the master almost as children, at least those greater by birth. But if they are minors by birth, they are constituted in reality under the paternal governance of the master. Therefore in matters which regard the domestic order, and, if they are minors, their right institution, they must obey the master. And they are at the same time obliged to foster and show internal and external love and reverence.
Yet if, in certain regions, express agreement or usage more tempers the rights or power of the master, at least for servants greater by birth, and circumscribes them by certain acts, it will be enough that the servant furnish the things promised.
Besides, because of the wage agreed upon, they must serve faithfully. Nor can they break off the contract before the time or day set, without a very grave cause.
But if they depart before the day, of themselves they are not prohibited from seeking some just stipend for the time through which they have served. Yet the master then is not bound to pay the agreed wage pro rata, but it is enough that he pay the one departing before the time the lowest just wage; indeed, one departing unjustly is held for damages. Laws or received usages are accustomed to define these matters more, just as they order the forewarning which must be made.
Household servants must impede the grave damage of the master which they can impede. But if there is question of things whose care has been expressly or tacitly committed to them, they cannot be excused from restitution who permit damage to be inflicted, whether by strangers or by other servants. Otherwise, of themselves they do not have the office of watching over other servants, so that they are not bound from justice to report those same ones sinning or stealing.
Scandal or another grave inconvenience being excluded, on account of a denied just wage or fitting sustenance, servants are not prohibited from using hidden compensation. Yet let the confessor beware lest he easily advise this or even permit it, since servants are ready to exceed, and those arts grow into bad customs in them. If they have furnished services beyond what was due, it must be prudently judged whether they are considered to have undertaken those services gratis, as if they wholly of their own accord performed them, or, on the contrary, at least tacitly asked, from an intention of wage.
Among the propositions which were condemned and prohibited "as they stand, as scandalous and pernicious in practice" by Innocent XI, March 2, 1679, this 37th is read: "Male and female domestic servants can secretly take from their masters in order to compensate their labor, which they judge greater than the salary which they receive" (Denz. n. 1187). For so general a proposition would permit compensation even to the servant who freely, without necessity, had agreed concerning a stipend; even to him who, from charity, had been admitted to certain services; even to him judging imprudently. Such compensation can only cautiously be tolerated or excused. Indeed several stricter authors required the most common judgment of the skilled, or of a very learned man versed in moral matters. Cf. St. Alphonsus, L. 3, n. 522-524; Lehmkuhl, I, 1126.
II. 1. Masters themselves and Superiors are bound by offices of quasi-piety toward these servants. Therefore they are forbidden to permit them a proximate occasion of sinning, when they can impede it; to prohibit them from observing the precepts of the Church; to provoke them with injuries; to expel them from the house before the day. But if they have expelled them without a very grave cause, they must at least refund that which is of interest, and that which the judge has determined must be paid. For there are civil laws which oblige the whole wage to be paid.
Positively they must admonish and correct them, insofar as this can usefully be done; help them by good example; and beware lest they receive under their roof or keep corrupters of others; promise them a fitting wage and pay it seasonably, much less, as sometimes happens, extort borrowed money from them for their own luxury.
Of themselves, they are not bound to pay salary to a sick servant, nor are they compelled to bear the expenses of care. But usages must be observed, nor is it fitting that those who are of the family be treated rigorously, since, on the contrary, piety and charity persuade that these persons, beyond what is due, be surrounded with friendly benevolence.
If the servants are adolescents or minors by birth, the masters supply for parents, and they cannot cast off the office of human, moral, and religious institution.