Book1 Division07 Title05
From Thai Codification Draft of 1919
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.
- The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
- The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".
BOOK ON OBLIGATIONS.
DIVISION VII. SPECIFIC CONTRACTS.
TITLE V. Hire of Services.
Section 547.
- A contract of hire of services is a contract whereby a person called the employee agrees to render services to another person, called the employer, and the employer agrees to pay therefor a remuneration, called salary, proportionate to the duration of the services.
《Genealogies》
Section 548.
- The promise to pay a salary is implied if the services cannot, under the circumstances of the case, be expected to be rendered gratuitously.
《Genealogies》
Section 549.
- The employer cannot transfer his right to a third person, except with the consent of the employee.
《Genealogies》
Section 550.
- The employee cannot render the services by a third person, except with the consent of the employer.
《Genealogies》
- Draft of April 1924: 618
- Code of January 1925: -
Section 551.
- If the employee either expressly or impliedly warrants special skill on his part, the absence of such skill entitles the employer to determine the contract.
《Genealogies》
Section 552.
- Absence of the employee from service for a reasonable cause and during a reasonably short period does not entitle the employer to determine the contract.
《Genealogies》
Section 553.
- If no time for payment of salary is fixed by the contract or by custom the salary is payable after services have been rendered ; if fixed by periods salary is payable at the end of each period.
《Genealogies》
Section 554.
- If after the end of the agreed period the employee continues to render services and the employer knowing thereof does not object, the parties are presumed to have made a new contract of hire on the same terms, but either party can determine the contract by giving notice in accordance with the following section.
《Genealogies》
Section 555.
- [I] If the parties have not fixed the duration of the contract, either party can determine it by giving notice at or before any time of payment to take effect at the following time of payment.
- [II] The employer can, on giving such notice, immediately dispense with the services of the employee by paying to the employee his salary up to the expiration of the notice.
《Genealogies》
Section 556.
- In case of workmen paid by the day and of domestic servants the employee can determine the contract at any time without previous notice. The workman or domestic servant has the same right subject to the provision of Section 334 No. 20 of the Penal Code.
《Genealogies》
Section 557.
- If a contract of hire of services is one in which the personality of the employer forms an essential part such contract is extinguished by the death of the employer.
《Genealogies》
Section 558.
- On determination or extinction of the contract, the employee is entitled to a certificate as to the length and nature of his services.
《Genealogies》
Section 559.
- If the employee has been brought from elsewhere at the expense of the employer, the employer is bound, on determination or extinction of the contract, to pay the cost of the return journey, provided that:
- (1) The contract has not been determined or extinguished by reason of the act or fault of the employee, and
- (2) The employee returns within a reasonable time to the place from which he has been brought.
《Genealogies》
