Section Code: 0572 - 0574
Thai Civil and Commercial Code
HIRE OF SERVICES
Section 575. Employee
A hire of services is a contract whereby a person, called the employee, agrees to render services to another person, called the employer, who agrees to pay remuneration for the duration of the services.
Section 576. Promise to Pay Remuneration Implied
The promise to pay a remuneration is implied, if, under the circumstances if cannot be expected that the services are to be rendered gratuitously.
Section 577. Consent Required to Transfer Rights
The employer may transfer his right to a third person with the consent of the employee.
The employee may have a third person render the services in his place with the consent of the employer.
If either party acts contrary to this provision, the other party may terminate the contract.
Section 578. Special Requirements for Employment
If the employee either expressly or impliedly warrants special skill on his part, the absence of such skill entitles the employer to terminate the contract.
Section 579. Short Absences from Employment
Absence of the employee from service for a reasonable cause and during a reasonably short period does not entitle the employer to terminate the contract.
Section 580. No fixed time period for remuneration
If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable after the services have been rendered; if fixed by periods, the remuneration is payable at the end of each period.
Section 581. End of Agreed Period, without termination, new period beings
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 terminate the contract by giving notice in accordance with the following section.
Section 582. Notice for Ending Contract
If the parties have not fixed the duration of the contract, either party can terminate it by giving notice at or before any time of payment to take effect at the following time of payment. But no more than three-month notice need be given.
The employer can, on giving such notice, immediately dispense with the services of the employee by paying him his remuneration up to the expiration of the notice.
Section 583. Gross Misconduct
If the employee wilfully disobeys or habitually neglects the lawful commands of his employer, absents himself for services, is guilty of gross misconduct, or otherwise acts in a manner incompatible with the due and faithful discharge of his duty, he may be dismissed by the employer without notice or compensation.
Section 584. Death of Employer
If a 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.
Section 585. Requirements for Employment Certificate
If a hire of services comes to an end, the employee is entitled to a certificate as to the length and nature of his services.
Section 586. Pay for Cost of Return Journey after Termination
If the employee has been brought from elsewhere at the expense of the employer, the employer is bound, when the hire of service comes to an end, unless otherwise provided in the contract, to pay the cost of the return journey, provided that:
- The contract has not been terminated or extinguished by reason of the act or fault of the employee, and
- The employee returns within a reasonable time to the place from which he has been brought.