The work system in ancient Rome

At that time, work in general was performed by three categories of people: “liberi”, “servi”  and“liberti”.

The first were free people, usually professionals such as doctors, lawyers, architects, entrepreneurs and artists. However, they could also engage in other work, including agricultural labour, which was very important to the ancient Romans. Their number increased significantly over time, especially in the post-classical Roman era, which was characterised by the advancement of the ethical and social value of work.    

The second were deprived of any form of freedom; they were either born into slavery or captured as prisoners of war. Generally, they performed all kinds of manual labour.

The third were former slaves who had gained their freedom and became “cives Romani” (Roman citizens). They could attain freedom either through the “manumissio”, which was a voluntary act made by their “dominus” (master) or by law. Most of them were merchants or engaged in agricultural and pastoral activities.

In ancient Rome, the employment relationship was a real rent. This means that when it was necessary to carry out a substantial amount of work or a small amount of work, or it was necessary to realise a large-scale project or a small project, a rental agreement was used to regulate the relationship between who could be defined as the employer and the worker or the client and the self-employed of the time.

Depending on the occasion, the working ability of the person doing the job or providing the services, their experience and skills, were significant. As reported by Titus Maccius Plautus in the case of a cook who ironically claimed to have been very expensive and highly appreciated at the time, but he cooked badly on that occasion, so that his service was commensurate with the low wage for which he had been hired. Therefore, as in every era, the cost of labour was proportionate to the skill of the person performing it. In other words, employers “got what they paid for”.

Work terminology 

The concept of work was, specifically, defined through these terminologies:

a) Work as a noun was "Opera" in the neuter plural of "Opus". 

In particular, "Opus" meant: "commissioned product-work", while "Opera" indicated the "work operations that gave rise to the product itself".

b) Work as a noun was also "Labor" and as a verb was "Laboro", both can and should be understood with a double meaning:

1.  To work hard to achieve a goal, i.e. to commit oneself very hard to reach the desired result.

2. To work hard not just in spirit but also physically. 

c) The word worker in the generic sense, as we understand it today, didn’t exist and it was referred by the following terms:

1) "Opifex" indicated both intellectual activity authors and manual labourers, depending on the situation.  

2) "Artifex" generally indicated those who were masters and authors of artistic activities.

3) "Mercenarius" generically indicated someone who worked for a payment or specifically a day worker and a servant.

4) "Faber" indicated the craftsman in general and the blacksmith in particular.

5) "Operaius" indicated specifically the activity of the workman.

6) "Structor" indicated the bricklayer in general and the master builder in particular, but could also refer to the work of the restaurant manager and hairdresser.

As will be analysed in detail below, in employment contracts the terms "Conductor" and "Locator" were used, and depending on the type of contract and the type of work, could refer to either the employer or the employee and the client or the worker.

Regulations and types of employment contracts

As above, the employment relationship consisted of a real rent and therefore the agreement used was the "Locatio Conductio" which, in general, regulated the rent or lease of that time. 

In particular, the work could be exercised either by: 

1. submitting to those people who imparted the work, receiving instructions from them

2. working with their own means at the request of others, who supplied the materials to carry out the work

The first case was the so-called "Locatio Conductio Operarum" and the second case was the so-called "Locatio Conductio Operis", both of them can be considered real employment contracts of that time. 

In the "Locatio Conductio Operarum" the worker ("locator operarum", "operaius", "mercenarius") worked for others ("conductor operarum", "dominus") in return for remuneration.

It was therefore an obligation to give and the worker was paid "pro tempore" - "for that period" (of time spent) - and today this would be similar to what is referred to as an employee. 

A typical example was the workman who worked by the day for a builder. 

In the "Locatio Conductio Operis" the person who did the job (in this case called "conductor operis") was committed to performing a service for a client (in this case called "locator operis") to achieve a specific result, which could be the creation, execution, modification, completion, or merely the improvement of a particular project, in return for remuneration. (The ancient Romans were very precise and meticulous about everything) 

It was therefore an obligation to do and the worker was paid for the "opus perfectum" - "the result achieved - the product supplied" – and today this would be similar to what is referred to as self-employed. 

Typical examples were the builder who had to build a building, the courier who had to transport goods and the tailor who had to make a suit.

Fundamentally, the person who carried out the work used his own tools and labour and/or that of others under his supervision, while the client provided the raw materials and supplies necessary to do the work.

In conclusion, it can be stated that in ancient Rome, there was already a distinction between "employment" (Locatio Conductio Operarum) and "self-employment" (Locatio Conductio Operis).

Employment contract elements

A typical employment contract, in ancient Rome, would contain:  

1. The name of the contracting parties.

2. The duration of the service.

3. The amount of remuneration.

4. The date on which it was signed by both parties.

5. Other ancillary clauses related to every specific case.

In general, the contract of employment was for a specific period of time - "ad certum tempus" - and the maximum term was usually 1 year. 

In this case, the work had to be completed on the agreed date - "dies operis" - after which the operae were lost, they were "praeteritae" or "peritae".

However, it was also possible to have a contract with no end date, the so-called "Locatio in perpetum" or "Locatio perpetua". 

Working time 

As above, most work in ancient Roman times was based on agriculture, i.e. it took place in the countryside and it was limited to daylight hours.

The work of "liberi" and "liberti" was called "diurnum officium" - daytime work task - so it can be deduced that in general, unless otherwise agreed, working hours were normally between 7-8 hours for them, between 8-10 hours at most for the day worker and 8-12 hours for slaves, who frequently reached even to the extreme limit of their strength.

There was a midday break for a quick lunch - "prandium" - and another work interruption for the so-called "meridiatio", which was mainly intended for free workers only. 

After the end of the working day, there was usually body care, which was very important for most ancient Romans. This included bathing first, which mainly included the baths at the thermal baths - “thermae”,  and for those who wanted it, there were already the first form of gyms  - "palaestre".

After that, there was dinner, which could be convivial or frugal, depending on economic resources and situations.

Remuneration

Remuneration was mainly referred to as "merces" but could also be called "pecunia" (es, "dies pecuniae"- Cic. Att. 10,5,3 - was the "day for the payment of work") or "pretium" (es."manu pretium" -Digest - was the "price of the work"). 

The remuneration was usually paid in money, but could also take a mixed form and consist of money, food and shelter. 

Very often, there was the rule that the hiring party - the employer who was the so-called "pater familias" - provided not only food and lodging but also clothing for the worker. These rules were part of the pater familias' duties of taking care of and worrying about all the present and necessary tasks of the family.

The amount of remuneration could be fixed in total for the entire duration of work and paid at the end. 

Many times an advance was also paid and in this case the wage was usually paid on a daily or monthly basis. 

In the Locatio Operarum the conductor (which was the employer) paid the locator (which was the worker) instead of in the Locatio Operis the locator (which was the client) paid the conductor (which was the person who carried out the work).

Women and children workers

In ancient Rome, women performed indispensable works of great significance, such as midwives and wet nurses - "nutrix" -  in the medical field, which were fundamental in the birth and care of newborns.

In agriculture, some women were responsible for selecting good products to grow and the methods to achieve the best results for those products.

Child labour was also widespread, in agriculture it was limited mainly to light work and service activities such as herding livestock and pruning vineyards.

Disabled workers

Men who were born or became disabled later (for example, after a war) worked too. 

For physical reasons, they were only able to perform the work with less intensity. This gave them the dignity and decorum of work.

Holidays

In the Roman Empire first century, there were already 48 days of holidays, which increased more and more in time.

Among the most important holidays were the "Feriae Sementivae", which were provided specifically for those working in agriculture, during which rest was assured not only for farmers but also for slaves and working animals. 

There were the so-called "Feriae Privatae" that felt mainly on anniversaries and expiatory ceremonies. 

There were also the extraordinary "Feriae Pubblicae" that followed exceptional auspicious events such as victories, anniversaries of the imperial family, and the coronation of a new Emperor.

Strikes 

The earliest forms of strikes took the form of slave rebellions - "seditio servorum".

There were three major rebellions, called the servile wars - each referred to as "bellum servile" - two of them in Sicily: the first one (135-132BC) on a huge scale - according to Diodorus Siculus - involved more than 200,000 slaves and it was led by Eunus, a former slave self-proclaimed King of Enna, and Cleon from Cilicia.

The second rebellion in Sicily (104-100 BC) was smaller in number and it was led by Athenion and Tryphon. 

The third and most famous (73-71 BC) involved most of the Italian peninsula and was led by Spartacus, who was the famous Thracian gladiator.

Dismissal 

In ancient Rome, there were no specific rules and regulations on dismissal; in other words, special procedures were not observed as we have today.

If there was no termination date in the employment contract, the worker simply received a sort of notice, and his remuneration was suspended.

Rarely, in the case of suspension of payment, the contract would stipulate that the hirer had to pay a penalty.

Philosophical and political concept of work in ancient Rome

To know and to appreciate the Roman concept and consideration of work from a philosophical and political point of view, we need to turn to Marcus Tullius Cicero.

As a lawyer, orator, scholar, writer and overall statesman and philosopher, he had a very positive evaluation of work, in general, when it leads to human moral progress: for him, work must not be conceived only as an economic activity but also as a true moral action.

Cicero believed that work should be useful and honest, and workers should be just and truthful.

He also believed that hard work and sacrifice are the best ways to overcome and conquer any adversity in life.

(For more information about Cicero’s views on work, click here.)

This article is the result of Giuseppe Foti's personal studies and research