1924th Book3 Title06

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

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TITLE VI. Hire of Services.

Section 615.

• 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 for the duration of the services.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80

- Thai translation: P.86/67

《Genealogies》

1. Draft of 1919: Ob.547
2. Code of January 1925: 575
3. Code of January 1929: 575

Section 616.

• The promise to pay a salary remuneration is implied if the services cannot, under the circumstances of the case, it cannot be expected to be rendered gratuitously.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80

- Thai translation: P.86/68

《Genealogies》

1. Draft of 1919: Ob.548
2. Code of January 1925: 576
3. Code of January 1929: 576

Section 617.

• The employer cannot transfer his right to a third person, except with the consent of the employee.

- Thai translation: P.86/68

《Genealogies》

1. Draft of 1919: Ob.549
2. Code of January 1925: 577
3. Code of January 1929: 577

Section 618.

• The employee cannot render the services by a third person, except with the consent of the employer.

- Thai translation: P.86/68

《Genealogies》

1. Draft of 1919: Ob.550
2. Code of January 1925: -
3. Code of January 1929: -

Section 619.

• 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.

- Thai translation: P.86/68

《Genealogies》

1. Draft of 1919: Ob.551
2. Code of January 1925: 578
3. Code of January 1929: 578

Section 620.

• 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.

- Thai translation: P.86/68

《Genealogies》

1. Draft of 1919: Ob.552
2. Code of January 1925: 579
3. Code of January 1929: 579

Section 621.

• If no time for payment of salary remuneration is fixed by the contract or by custom the salary is payable after services have been rendered ; if fixed by periods, salary the remunieration is payable at the end of each period.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/69

《Genealogies》

1. Draft of 1919: Ob.553
2. Code of January 1925: 580
3. Code of January 1929: 580

Section 622.

• 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.

- Thai translation: P.86/69

《Genealogies》

1. Draft of 1919: Ob.554
2. Code of January 1925: 581
3. Code of January 1929: 581

Section 623.

• [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 remuneration up to the expiration of the notice.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/69

《Genealogies》

1. Draft of 1919: Ob.555
2. Code of January 1925: 582
3. Code of January 1929: 582

Section 624.

• In case of workmen paid by the day and or of domestic servants the employee can may determine the contract at any time without previous notice. The workman or domestic servant has the same right subject to the provision of Section 335 No. 20 of the Penal Code.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80

- Thai translation: P.86/71a

《Genealogies》

1. Draft of 1919: Ob.556
2. Code of January 1925: 583
3. Code of January 1929: 583

Section 625.

• 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.

- Thai translation: P.86/71a

《Genealogies》

1. Draft of 1919: Ob.557
2. Code of January 1925: 584
3. Code of January 1929: 584

Section 626.

• On expiration, determination or extinction of the contract, the employee is entitled to a certificate as to the length and nature of his services.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80

- Thai translation: P.86/71a

《Genealogies》

1. Draft of 1919: Ob.558
2. Code of January 1925: 585
3. Code of January 1929: 585

Section 627.

• If the employee has been brought from elsewhere at the expense of the employer, the employer is bound, on the expiration, determination or extinction of the contract, unless it is otherwise provided in 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.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/81

- Thai translation: P.86/71a

《Genealogies》

1. Draft of 1919: Ob.559
2. Code of January 1925: 586
3. Code of January 1929: 586