Employment contract

Section 587 Employment is a contract, which one person calls a contractor. Agreed to do one thing successfully to another person. Called the employer And the employer agrees to pay for the success of doing so.

Section 588. The tools for the successful completion of the work are provided by the contractor.

Section 589. If the baggage for the said work is provided by the contractor. You need to supply good species.

Section 590. If the baggage is supplied by the employer. You should use the baggage carefully and economically, do not waste. When the work is done. The remaining baggage is returned to the employer.

Section 591 if the defect or delay in doing so because of the condition of the baggage sent by the employer. The order of the employer. You do not have the responsibility of the contractor unless you have known that the baggage is not suitable or that the order is not correct and not warned.

Section 592 The contractor must allow the employer or his agent to inspect the work at all times.

Section 593. If the subcontractor fails to commence in good time. Or delay in violation of the terms of the contract. Or to delay without the fault of the employer. It may be anticipated that it will not be successful within the agreed time. Employers prefer to terminate the contract. Wait until the delivery deadline.

Section 594 If, during the time of employment, it is expected that in the course of time. The failure to do so will be a failure or failure to break the contract because the offender. The employer will tell the contractor to fix the defect to reconcile. Or to be in accordance with the contract within a reasonable time, which is given in the notice. If and then set aside. He or she would like to take it to outsiders repair or continue to work, the contractor must risk damage and expenses.

Section 595 If the contractor is supplying baggage. The liability of the contractor for the defect. You shall be bound by the provisions of this Code. Trading style

Section 596 If the contractor fails to deliver the time specified in the contract or if the contract is not timed out of time for the reason. Employers prefer to reduce pay. Or if the essence of the contract is at the time. I like to break the contract.

Section 597 If the employer accepts the offer, then do not give it. The contractor is not liable for late delivery.

Section 598. If the employer accepts that the work is done, then defective, not disposed of by express or implicit. The contractor is not liable. Unless the defect is such, it will not be found at the time of delivery or the contractor has concealed it.

Section 599 In case of late delivery, it is good. Or delivery of defects, it is good that the employer likes to be held liable. Unless the contractor provides reasonable assurance.

Section 600. If it is not otherwise specified in the contract, that the contractor will be liable for the defect. Only appear within one year from the date of delivery. Or appear within five years. If it is a building with the ground. The house is made of wood.

However, this limitation shall not apply if the contractor has concealed the defect.

Section 601 Are prohibited from suing a contractor after one year. The date of defect has appeared.

Section 602. The payment shall be made upon receipt of the work done.

If it is determined that it will be sent in part and the amount of money is to be paid, then you will be required to pay for each part at the time of receipt.

Section 603. If the contractor is providing luggage And the hiring made it collapsed or collapsed before it was delivered correctly. The anger that folded to the employer. If the anger is not due to the work of the contractor.

In such a case. I do not need it.

Section 604 If the employer is a luggage supplier And the hiring made it collapsed or collapsed before it was delivered correctly. You said that the anger was folded to the employer. If the anger is not due to the work of the contractor.

In such a case. I do not need it. Unless the anger is due to the employer's actions.

Section 605. If the employment is not completed as long as. The employer may terminate the contract. When the damage to the contractor to pay for any damage, but the termination of the contract.

Section 606. If the substance of the contract lies in the knowledge of the contractor and the contractor's death, it is. Or can not continue to work with it, not for their own sake. That the contract will end.

If the part is made then it is beneficial to the employer that the employer must take it and pay it accordingly.

Section 607. The contractor shall take all or part of the hire or work but the parter may do another job. Unless the substance of the contract is based on the knowledge of the contractor. The contractor shall be liable for any conduct or fault of the contractor.

Judgment of the Supreme Court 7344/2559.

        The advertising contract contains a printed text in the form of a printed version of the contract. With handwritten text in the blank space for the topics in the handwritten text format, in addition to specifying the details of the parties and the signatory of the contract representing the counterparty. The agreement of the parties in the document below. "When the terms of reference of the employer are approved," which is not as large as the pre-condition, the contract will be effective when the condition is fulfilled. In addition, the circumstances of the parties during the liaison and in the meeting are not referred to the terms of reference of the employer. If the conditions precedent to make the contract as a result. That condition is the essence of the agreement that the parties should negotiate on. But the time has come to publish. It is not reasonable if the contract has not yet taken place, so the message is only a payment agreement. Advertising contracts are binding on the parties. The contract is considered as a contract of employment. If the plaintiff, the contractor to complete the job to the employer. The employer must pay for the success of the work. When the parties know that the advertising contract of the defendant is intended to allow foreigners to know the information Bangkok tourism in a timely manner. How to publish a new ad post at any time. The plaintiff also needs approval from the first defendant. For the defendant to consider what time period to be appropriate. And the most benefit from advertising it. The plaintiff published the article at the time the defendant did not agree. Therefore, it may not be considered that the plaintiff has completed the work for the defendant, the employer. The plaintiff has no right to demand that the first defendant pay the full amount of the contract. However, the plaintiff has published the defendant's article in the newspaper. I believe that it is beneficial to the defendant, the defendant is the first one, the employer is obliged to pay the part of the benefits. The court has the power to set reasonable pay. When the first defendant asked the plaintiff to publish an article in August 2010 to avoid problems with the bill. Indicates that the person concerned speculates that the employer's reference requirements should be approved at that time. It is possible to deduce that the defendant should pay the plaintiff's wages within August 2010, the payment of such wages is due within August 2010, but when the repayment period, this wage is inferred by the circumstances. It is not scheduled for the day of the calendar. Must be considered that the defendant is the default when the plaintiff has warned. According to Section 204 paragraph one, the defendant acts as a representative of the defendant, the first defendant to be bound to. The third party in the action of the defendant has committed the purpose of the defendant under Section 820, the defendant is not liable to the plaintiff in private with the defendant.

Judgment of the Supreme Court 11044/2558.

         The couple will get that. The contract between the company and the defendant is leased by the message specified in the copy of the letter requesting the rental price and the receipt of the lease. But the driver of the crane accident scene is the employee. The defendant company controls the crane to lift the machine. The staff of the company is the only one who determines the location of the machine. A. No authority to determine how to use equipment or mold. The defendant is a supplier of cranes. The contract between the company and the defendant is a contract of employment under Section 587 because it focuses on the success of the work is important. A lease agreement under Section 537 of the defendant, including employees of the defendant did not take care to check the cranes crane in the scene before being used to do the job. Cause the machine to swipe down, hit the ground was damaged. As a consequence of the negligence of the defendant and the driver of the defendant company. The defendant is liable to indemnify the company.

Judgment of the Supreme Court 3568/2558.

             The contract for the security services between the employer and the group of contractors with the defendant as a representative of Clause 9.1 specified that the defendant is liable only if the employer is the property. It is the property that the employer is responsible for the damage. But under the contract to hire a wheelchair luggage between the employer and the company, the employer who insured the plaintiff. The trolley is therefore not a property of the company or property that the company is responsible for. The case does not meet the conditions for the defendant to be liable.

Judgment of the Supreme Court 16379/2557.

          Security contract is a contract of employment. But the defendant also has the obligation to maintain their own property and other persons. Only the employer assigns the contractor to perform such duties on their behalf. The message in the security contract is a case in addition to the defendant assigned to the defendant to take care of security. The security of the defendant is still in the power of the defendant or the control of the defendant, the defendant must report the performance of the duty to the defendant to know and to perform duties under the jurisdiction of the defendant. Assigned to represent If the defendant jointly responded to the security guard duties, the defendant must immediately correct. Security contract is not a case in which the defendant took the job of the defendant jointly made by the defendant and the defendant so that the defendant in the first defendant is the defendant is a representative of the defendant. It is a contract agent. The security contract has both contract and agent contract included in the same contract. The defendant shall be liable under the provisions of the law. It is the duty of the court to adjudicate on the facts obtained from the adjudication of the couple with the correct law in order to decide the case.

Judgment of the Supreme Court 18324/2013.

           The appointment of the fund manager to the plaintiff to the defendant. Defendant is responsible for managing the fund and perform various actions on behalf of the plaintiff. The commitment between the plaintiff and the defendant is a bond with the agent. It is a commitment as the employer and the contractor do not. In the agent is not the law of age specifically. So it is 10 years under Section 193/30 of the plaintiff and the defendant agreed to appoint a fund manager. By agreement. If the Defendant administers the Plaintiffs Fund, the beneficiaries receive an average annual benefit of the Fund's total benefits before deducting any expenses, excluding contributions below the guaranteed benefit rate. The defendant will compensate for the lack of that. It is considered an agreement to use a certain amount of penalties when they do not repay. Do not pay the debt properly. As provided in Section 379, it is considered a penalty. If the penalty is too high, the court will be reduced to a reasonable amount under Section 383

Judgment of the Supreme Court 2470/2556.

        Determining which contract is a contract. Considering the facts of the employer's work, the employee will be aware of the intent of the contract, whether the parties intend to enter into a labor contract or employment contract. Although the contract between the plaintiff and the defendant to advertise the details of the success of the ads to the newspaper of the defendant to the target that the plaintiffs must find ads from third parties to print ads. It is worth not less than 25 million and 32 million baht within 10 months and 12 months, but in practice, when the plaintiffs can not find the target. Defendant is leniency to the plaintiff. They also pay salaries and commission to the contract. Upon termination of the contract, the defendant also contracted the plaintiff with the other. The plaintiff's intent to contract the plaintiff's advertising is not focused on the success of the employment is important. Defendant to the plaintiff is the director of advertising and give the employee identification card to the plaintiff. The plaintiff's position in advertising. The plaintiff has the power to punish the offender on behalf of the defendant. Representation of the power of the defendant against the plaintiff. The relationship between the plaintiff and the defendant is the labor.

Judgment of the Supreme Court 22850/2555.

          The plaintiff sued. Under the contract for the installation of electrical systems between the plaintiff and the defendant 5 Article 4 on the delivery of the third installment of the final installment. Both the employer and the contractor have to experiment with all systems installed to the inspection commission to get a good office. In the third inspection, the defendant 1 to 5 did not test all systems. Also, do not try to supply electricity to the royal battleship under the contract to know whether the power system is good or not. And later when the power system to the Royal Navy. It appears that it is not available under contract. As a result, five Royal Navy ships were required to operate a generator in the ship, which cost them fuel. lubricant maintenance fee The wear and tear of the generator is higher than the use of the electrical system is 4,591,790.07 baht, it is evident that the plaintiff's complaint is understandable that the plaintiff claims that the defendant No. 5 to comply with the contract to install the power system. Incomplete And ineffective The breach of contract. And to claim damages due to the breach of employment contract. There is no specific law on prescription. It is the case under Section 193/30, which provides a 10-year term by the right to claim under the indictment, not the right to demand that the defendant liable for the defect in the property. Will be a year under Section 601, but any of the following is the fact that the plaintiff was awarded by the defendant 5 on November 1, 1988. Such date is the date the plaintiff may enforce the right.

Judgment of the Supreme Court 16349/2555.

          Under the second contract, the defendant will have to perform the extraction of the pipe, the block, the conduit, the electrical conductor, the electrical system, the telephone system and the fire alarm system. The wiring of the wiring to be completed. The underground system to complete the completion of 90 percent of the defendant did not refute the witness of the plaintiff. Heard that the defendant did not deliver the job and completed the work under the second contract, the plaintiff would like to terminate the contract. When the plaintiff has the right to terminate the contract. The contract will be dissolved under the Civil and Commercial Code, Section 391, both defendants must return to the plaintiff's status as it was. The prepaid money to be returned to the plaintiff. Both contracts are made. The advance payment of the plaintiff sued the defendant. It is considered that the plaintiff as the employer to carry out the work to retrieve the advances that they have paid in advance under Section 193/34 (1), so the age of 2 years is not. There is no specific law that will age 10 years under Section 193/30 when the plaintiff has the right to terminate the contract by then. The contract was broken by the Civil and Commercial Code, Section 391, the two defendants have been terminated. The contract between the plaintiff and the defendant ended in that day. Claims of the plaintiff to the two defendants to repay the advance payment received, starting from the date of the contract ends. When thinking about the date the plaintiff filed a lawsuit is not more than two years, the plaintiff did not terminate.

Judgment of the Supreme Court 13825/2555.

         The defendant hired the plaintiff to drive the cargo truck by the plaintiff to have his own truck. The defendant paid the wages only on the delivery date to the defendant. It indicates that the defendant to the success of the work to carry the goods to customers at that time until the completion of the key. The plaintiff will come to work any day as voluntary. No obligation to work for the plaintiff to comply with the order of the defendant if the defendant has the right to disciplinary action against the plaintiff. The defendant has no control over the plaintiff. The contract between the defendant and the plaintiff is a contract of employment.

Judgment of the Supreme Court 11732/2555.

          This case the plaintiff sued. Defendant hired plaintiff to transport frozen fruit. The truck pulled containers empty from Bangkok to Chiang Mai. To pack into the container. The containers were sent to the defendant's customers in Bangkok. Then the defendant broke the contract. Forcing the defendant to pay shipping costs to the plaintiff. The case is that the plaintiff as the carrier of the freight charges with the container and the passage of the defendant. That is called freight. It is not a debt that is caused by a breach of contract of employment, and that is not a claim against the liability of the carrier in the event of loss or damage or delay. Is in force of two years under Section 193/34 (3)

Judgment of the Supreme Court 5737/2552.

     Although the contract for the sale of finished clothing is the details of the goods, sets, prices, delivery date and stated that the defendant is a buyer, the plaintiff is the seller. However, the contract includes provisions on fabrics, materials, equipment, processes, production, packaging and scrap from sewing and secondary quality. The product must be tested in accordance with the factory standard and conditions that the defendant. 1, equipment and materials used in the production of the product must be approved by the defendant before and before the production. The plaintiff must send samples to the defendant for approval and testing first. If not tested, the defendant has the right to cancel the order. The contract is a contract that the plaintiff to produce ready made garments for the defendant 1. All fabrics and materials must pass the standard test and approved by the defendant before the first defendant must send the prototype to. Plaintiff to make a sample for a try. Dispute is not a contract to buy clothes that are generally produced by the plaintiff. Item The plaintiff can produce goods according to the plaintiff's own thought. But it is a contract that the defendant hired the plaintiff to produce ready-made garments, raw materials, sewing patterns. And the production process is all in the control of the standard of the defendant, which is under the provisions of the Civil and Commercial Code No. 7 in the employment.

Judgment of the Supreme Court 3660/2551.

          Contracts may be subject to terms, conditions, timeframes, or procedures for repayment. When the two defendants did not agree to pay the plaintiff when the plaintiff has to pay the plaintiff to pay the plaintiff when the completion of work, ie, when the lawsuit finally reached.

The plaintiff and the defendant agreed to pay the wages. The plaintiff's work to any stage. Both defendants must pay to the plaintiff. Or when the case is absolutely decisive. The defendant must pay the plaintiff how much. The agreement to pay the results of the work. It must be considered that the plaintiff and the defendant agreed to hire each other, taking into account the success of the work done. Regardless of the work to be done at any stage, so when the plaintiff's work by the defendant to the two defendants, both parties to a compromise agreement. And the Court of First Instance was sentenced by the parties without any appeal. It can be considered that the plaintiff has completed the work agreed.

Judgment of the Supreme Court 10707/2550.

The problem that the contract is a contract for the purpose of obtaining a share of the disputed property that will be received by the client, the violation of public order and good morals of the public is void. Is a problem with the plaintiff's suing power. It is a law that governs the peace of the defendant has the right to raise a petition in the Supreme Court in accordance with Civil Code Section 249 paragraph two.

The contract stipulates that the criteria for calculating the attorney fees between the defendant plaintiff. The defendant must pay the attorney fees to the plaintiff as a result of the Supreme Court. If the Supreme Court justifies the defendant to win the case. The only result is that the defendant does not have to divide the land to only the land is still the property of the defendant as well. The defendant found no additional property from the case. The attorney's fees as a result of the Supreme Court ruling that the defendant won the case. It is not an attorney's fee to share the property that the defendant will receive from the court. The contract is not contrary to public order or good morals.

Contract of employment as a contract of the Civil and Commercial Code, Section 587, the success of the work is important, and the pay must pay for the success of the work or pay the agreed upon. Even if they agreed to pay a high rate, they would have made such a contract incompatible with public morals and good morals. The agreement is enforceable. Plaintiffs prefer to receive the full amount.

Judgment of the Supreme Court 4308/2550.

The lawsuit against the contractor for the defect of a year, according to Civil and Commercial Code, Section 601 shall apply to the case under Section 600, ie, the case is not. Otherwise specified in the contract. Then the work is defective after delivery. But in the case of the plaintiff's complaint, the plaintiff sued the contract, which defines liability for the defect otherwise. The agreement is a special agreement. The contract parties must comply. Yes, it is only a contract to change the time that the contractor is liable for the defect to be different from the provisions of Section 600, when no specific law on age. The age of 10 years under the Civil and Commercial Code, Section 193/30.

Judgment of the Supreme Court 6314/2550.

When the plaintiff is working the second installment defect is not correct under the contract. And the plaintiff has been amended to the plaintiff, but the plaintiff ignored the amendment. The plaintiff is a contract breach. The plaintiff has no right to terminate the contract and claim compensation from the defendant. However The contract between the plaintiff and the defendant is considered by default. Construction contract between the plaintiff and the defendant is a contract of employment under Section 587 of the same contract is reciprocal. When the contract between the plaintiff and the defendant broke up, then the plaintiff and the defendant must be the other party to return to the status as it was in the Civil and Commercial Code, Section 391, paragraph one, because the plaintiff has completed the second installment to the defendant. Can not return to the position as it was. In case of forced under Section 391, the third defendant must pay the construction cost in the second installment to the plaintiff. The defendant has no right to pay all wages. When the plaintiff's work is defective and the defendant told the plaintiff to correct the defect to the contract. But the plaintiff did not. The defendant prefers to employ outsiders to correct such defects. The plaintiff must pay all expenses under Section 594 and the defendant has the right to deduct expenses from the wages of the second installment only.

The plaintiff's fault because the defendant changed the model. Expand your bedroom Use wrong material from the plan. Heavy duty steel frame for bending. The defendant must be responsible for the defect as well. And when it appears that the defendant has not hired any person to correct the defect. The Court of First Instance determines the cost of hiring outsiders to fix defects as appropriate.

Judgment of the Supreme Court 5201/2549.

Defendant 1 hires another building. In this case, the defendant has ordered zinc from the plaintiff and hired plaintiff to roof the building. So it falls under the Civil and Commercial Code, Section 193/34 (1) at the end. Unless it is done for the affairs of the debtor itself. Therefore, the age of the plaintiff's claim is set to 5 years from the date of payment of the defendant, which defaulted to the date of filing a five-year lawsuit filed by the plaintiff does not terminate.

The plaintiff delivered a roof installation to the first defendant, and then when the rain fell, the roof leak and open when the wind was hit. A defect that can not be found at the time of delivery. The plaintiff is liable to the defendant under Section 598 of the defendant, the defendant has the right to pay only for the plaintiff to repair the defect. When the plaintiff is not repaired, then the defendant will like to retain the mortgage.

Judgment of the Supreme Court 4857/2549.

The defendant's plaintiff's car repair contract is a 2-year contract under the Civil and Commercial Code, Section 193/34 (1)

The plaintiff delivered the car was repaired to the car repairs. The plaintiff may enforce his right to demand that the defendant pay the debt from the date of delivery of each car to the repair. The defendant brought money to pay the plaintiff some. The debt to the plaintiff. The age of stumbling stops and begins to count from the new date. According to the Civil and Commercial Code, Section 193/14 (1) and Section 193/15

The plaintiff brought 41 debts totaling 402,197 baht, which the plaintiff can enforce their rights before May 8, 1998 to sue on June 19, 2000, which more than two years, then the plaintiff sued in this section to terminate. The debt repair service for 11 items of 47,500 baht, it appears that on May 8, 2000, which is the defendant to repay some. 11 car repair debt does not expire. The debt must be recalculated. And when the lawsuit is not up to 2 years, the plaintiff in this section 11 is not terminated.

The debt that will cause the stumbling block to stop before the debt. When the car repair debt of 402,197 baht has expired since before May 8, 1998. The partial repayment of the defendant on such day does not result in the age of interruption.

Judgment of the Supreme Court 8141/2548.

The plaintiff's delivery of goods and defective. The defendant liked to hold the price of goods and the payment as follows: The debt has not been committed because of one of the circumstances that the defendant, the debtor is not responsible. The defendant defaulted from the settlement date as agreed under Section 205 of the plaintiff is not entitled to interest. But when the court ordered the defendant to use this money. It owed money that the defendant must pay by the judgment and must pay interest from the date the plaintiff is entitled to from the date the court of first instance on.

Judgment of the Supreme Court 4022/2548.

When the plaintiff did not build a basement and underground water tank under the contract to build the building. The three defendants prefer not to pay this part to the plaintiff. But in other parts. The plaintiff construction work for the second and third installment, but not completed. The construction of the plaintiff has many defects. Defendants like to hold the second installment and the third installment until the plaintiff will repair the defects completed by the Civil and Commercial Code, Section 599 if the plaintiff is not prepared until the three defendants terminate the contract. The three defendants prefer to be broken down to repair damage as it should. If you have to pay back to the plaintiff. I do not like the three defendants will not pay it.

Judgment of the Supreme Court 2765/2548.

Defendant 1 is the husband of the defendant to sign a witness to the plaintiff's contract to build a house on the land of the two defendants to stay with the defendant together with the fact that it has been heard that the construction of the defendant. The two of them together to check the completeness of the work. The plaintiff ordered the correction of defects and changes to the two defendants will sign the contract as the employer. But such circumstances can be heard that the defendant knows and agree to contract with the plaintiff. Debt construction is therefore bound to the defendant, the plaintiff has the power to sue the defendant, the first defendant jointly liable.

Judgment of the Supreme Court 1681 - 1683/2548.

The contractor hires a counselor at the defendant. Agreed that the plaintiff's third action on the adaptation of the apartment as a hotel. Arrange appropriate personnel to work at the hotel. And plan a profitable hotel market. To do one by one, the defendant agreed to pay the sum of money for the completion of the work is 140,000 baht per month, although the third plaintiff has to work every day, Monday to Friday from 8.30 to 17.00 clock. It is not the work of the defendant, but the first to work at the place where the defendant is provided under the contract of consulting. And it does not appear that the plaintiff is under the control of the first and second defendant is not a contract of employment, but a contract of employment under Section 587

Judgment of the Supreme Court 3838/2547.

The defendant hired plaintiff to build a commercial building on the defendant's land. But the plaintiff did not finish construction. The defendant has already entered and used the commercial building. The case is not a defendant to hand over commercial buildings defective. Cause for the plaintiff to be liable in defect under Section 598 of the Civil and Commercial Code, the right to claim the penalty for breach of contract must be in accordance with Section 381 of the defendant to enter the residential building. Hiring a plaintiff. The defendant accepted the debt. The defendant does not reserve the right to call for a penalty at the time the defendant accepts the debt. The defendant was not entitled to a penalty.

Judgment of the Supreme Court 7592/2547.

The employment contract is not stamped in accordance with Section 118 income tax is prohibited to listen as evidence in the case, but the employment of the law does not have to be made in writing or have a document to file a lawsuit. So listen to the witness in person instead of documentary evidence.

Judgment of the Supreme Court 3194/2547.

Defendant contracted the plaintiff to advertise the product to the defendant and the plaintiff agreed to be advertising products. When advertising, the defendant agreed to pay advertising to the plaintiff. It is not the plaintiff's intention to have the property transferred to a defendant. And the defendant agreed to use that price. Not the type of contract under the Civil and Commercial Code. The plaintiff agrees to the product to the product to the defendant, the employer. And the defendant agreed to pay advertising or pay for the success of the work done. The nature of the employment of Section 587

Judgment of the Supreme Court 7172/2547.

The defect of the Civil and Commercial Code, Section 601 means the defect that occurred in accordance with Section 598, 599 and 600. This means that defects in the property delivered by the employer to the employer fully. already It is not meant to not fulfill the contract. The defendant petition kite plaintiff to hand over the construction of the defendant without a house. Defendant is not liable to the plaintiff under Section 598 of the plaintiff that this case is a plaintiff sued the defendant because the contract was not executed by the contract. Yes, defend the defendant liable for the defects of the work done. When the facts appear that the defendant is in breach of contract because it does not work properly under the contract. The plaintiff is entitled to a refund of the defendant in proportion to the work that has not been done in accordance with the contract.

Judgment of the Supreme Court 1128 - 1129/2547.

The defendants engaged in tourism business, organized a cruise. When a customer is going to cruise ship, the defendant will notify the plaintiff that the plaintiff has the right to service or refuse to serve customers if the plaintiff's services to customers on the cruise ship will be paid daily. When the pleasure boat is on the side of the plaintiff will be exhausted from time to time. Employment between the plaintiff and the defendant to the success of the work is important. Not to employ workers under the Civil and Commercial Code, Section 575, but the employment of the Section. 587 plaintiff is not employed by the defendant.

Judgment of the Supreme Court 5203/2546.

The date the plaintiff delivered the soil and adjust the area is not sure that the defendant. 1 will take the job? Not when the plaintiff delivered the job, then the defendant will pay the plaintiff immediately to pay the delivery of work may have defects that must be resolved. The plaintiff may enforce the right to claim from the date the defendant received the job. The defendant's first sign in the end of the book of the commission on May 3, 1996, but still has a claim to the plaintiff. The road to be done before. The delivery of the job of the defendant no earlier than May 3, 2539, the plaintiff sued on April 24, 2541, so it is not over for two years from the date the plaintiff may enforce claims are not terminated.

Judgment of the Supreme Court 519/2545.

The plaintiff bought plastic sheets and installed from the plaintiff to use the casing of the plaintiff's waste water treatment, delivery of plastic sheeting in the waste water treatment pond to the defendant. After that, the defendant used the wastewater treatment pond for about 2 to 3 months. The plastic sheet was covered with a floating bulge, which is a defect that can not be found at the time of delivery. The plaintiff is liable to the defendant under the Civil and Commercial Code, Section 598 by the defendant has the right to pay, but only to the plaintiff to repair the defect. When the plaintiff contacted the defendant to repair several times. But the defendant refused, referring to the need to use the wastewater treatment ponds. Can not pump water from the pond because it will cause income. As an excuse not in the way that the plaintiff, the only contractor can do it alone. Therefore, the plaintiff can not repair the defect of the work is not the plaintiff's fault. The defendant has no right to pay overdue wages anymore.

Judgment of the Supreme Court 8001/2544.

The plaintiff sued the defendants 1 to 4 as a designer engineer, misbehaving the contract design wrong about the use of waterproofing agents. The defendants, 1, 3, 5 and 6, as the engineer who supervised the work, the breach of contract, not to check the model and specifications of the water and traffic surface materials used in the construction that can be used. Yes or no Cause damage. The plaintiff sued not to sue for damages. The age of 1 year under the Civil and Commercial Code, Section 601, but the lawsuit for the default of the contract is wrong design and control of the error, which is not a law on specific age. The age of general use is 10 years under the Civil and Commercial Code, Section 193/30.

Judgment of the Supreme Court 5229/2544.

According to the Lawyer Act, BE 2528 and the Notification of the Council of Lawyers for Attorney of Lawyers, BE 2529, issued by the Council of Lawyers by virtue of the Act, is not enforceable. The lawyer is not allowed to be a lawyer by way of a contract, which divides the part of the disputed property from the property. "Charge 20% of the attorney's fees. The lawyer can pay for the case. Some law enforcement agencies charge a fee for lawyers. And if the lawsuit is to be charged, the lawyer charges 10 percent of the amount agreed. "So it is not against the law. The agreement that provides the attorney fees is a percentage of the capital. And reduce it if only some cases. Or have a compromise Set the criteria for calculating attorney fees. It is against the peace or good morals of the people. The contract is not void. And according to the contract, when there is no such thing as gambling. It is not an agreement that looks at the future by the uncertain future as a win. It is a contract of employment that the lawyer must pay for the children, so it is not gambling under Section 853.

Judgment of the Supreme Court 1469/2542.

The defect as provided in the Civil and Commercial Code, Section 601 refers to the defect that occurred in accordance with the previous section, Section 598,599 and 600 refers to the defect. In the delivery to the employer under the contract, the plaintiff sued the defendant breached the contract not checked inside the warehouse to determine if the termite. The defendant does not see termite in the termite bite, eat the raw material of the plaintiff and do not get rid of termites and do not use chemicals to prevent termites from spreading throughout the premises under the terms of the contract to eliminate and prevent termites. Raw materials are still in the contract period, according to the plaintiff's plaintiff's complaint is that the plaintiff sued the defendant to a liability that did not fulfill the contract. If the defendant does not comply with the Civil and Commercial Code, Section 601 as follows. Defendant is the defendant is liable for damages to the plaintiff's calico is termite to eat damage to the plaintiff. These claims are not law-specific. The age of 10 years under the Civil and Commercial Code, Section 193/30, and from the date the plaintiff found the termite to eat raw cotton to the day of filing. The lawsuit has not expired for 10 years, the plaintiff has not terminated.

Judgment of the Supreme Court 2031/2541.

According to the contract between the plaintiff and the defendant 1 and 2 agreement on the defect in the contract. If the construction work that the defendant and the defendant 2 design and control defect within 1 year from the date of delivery, and the plaintiff has a written notice to defend the first and second defendant, but the defendant 1 and the defendant. 2, not repaired, modified or repaired. But not well The plaintiff has the right to hire others to repair and replace the defendant and the first and second defendants shall be responsible for the wages paid by the plaintiff to the other. When the defendants 1 and 2 do not comply with the agreement is considered a breach of contract. The plaintiff sued the contract. The case is not subject to the age of the Civil Code sections 600 and 601 apply because the provisions of both provisions apply only if there is no other agreement in the contract. In this case, there is no specific age requirement. The provisions of the age of general ten years under the provisions of Section 164 of the Act, while the plaintiff may enforce claims to apply.

Judgment of the Supreme Court 6675/2541.

Contract of employment as a contract of employment under the Civil and Commercial Code, Section 587. The successful outcome of the work is to prosecute or act as a lawyer from the preparation of the case and whether or not to defend the case until the lawsuit finally reached and the pay must pay. The success of the work or pay the agreed agreed upon, even if the agreement that the employer will pay the full amount of the contract, whether the employer. Employees will be terminated in any class or any time is not a contract to break the freedom of the employer because it is not strictly prohibited the employer to withdraw the lawyer, but only if the plaintiff has to pay the employer. The agreement does not violate public morals and morals. The agreement is therefore enforceable.

Judgment of the Supreme Court 6135/2540.

Even the plaintiff sued the hire of work. But when the court found that the plaintiff deserved the value of the work done to the defendant. The court has the power to assign the plaintiff. Judgment of the Supreme Court 2996/2540. The plaintiff hired plaintiff to build 11 commercial buildings, plaintiffs booths have been constructed for a while, then stopped, do not continue. When the plaintiff left the job. The defendant has notified the police as evidence. The intention is not to the plaintiff involved in the construction. And the defendant asked the worker if he could continue working. The plaintiff's employer replied that he could continue working, even without the plaintiff, and continued to work until the defendant was paid by the plaintiff. The plaintiff did not intend to work for the defendant by leaving the work. The defendant expressed his intention not want the plaintiff to work on the contract further. Construction contract between plaintiff defendant. I broke up by default. After the plaintiff left the work, the other workers of the plaintiff, about 80 people continue to work as an employee of the defendant, as the plaintiff's workers continue to work as an employee of the defendant. Not as an employee of the plaintiff. The defendant paid wages to workers who work after the plaintiff left the work until the completion of the plaintiff did not pay the plaintiff. Defendant can not claim the labor of this part of the plaintiff by the counterclaim.

Judgment of the Supreme Court 2919/2540.

On the day of delivery, there is a dispute about wages. It is not the plaintiff's job to be handled. And record that the defendant delivered a job to the plaintiff that the defendant to pay a penalty to the first. The plaintiff reserves the right to claim further. So listen to that. The plaintiff has reserved such rights at the time of repayment. The plaintiff is entitled to a fine from the two defendants. The plaintiff sued by the defendant is the main defendant that the defendant misbehave. The plaintiff has notified the defendant to repair the plaintiff but the defendant did not have to hire another technician to make a new defendant to pay the plaintiff to pay a total of 67,650 baht, which is the defendant to the first defendant. The age of 10 years in accordance with Section 193/30.

Judgment of the Supreme Court 7406/2540.

The defendant hired the plaintiff. The success of the job is at the end of the job. Losing or winning is only a result of the job. When the defendant hired the plaintiff to the maximum. There is a compromise agreement in the civil case and the withdrawal of the criminal case. The court will have the power to determine the rate of pay to the effect of the work that the plaintiff made. The contract is a contract of employment, which is a reciprocal agreement, both parties have debts to pay each other. They are debtors and creditors at the same time. When the plaintiff, the contractor has worked for the defendant, the employer and the defendant to work for their benefit. The plaintiff is entitled to be paid according to the results of the work done. The agreement that. "No matter what the outcome will be and the satisfaction of the defendant" is just a non-deal with the effect or the end of the act. Not under the Civil and Commercial Code, Section 144 (former) Section 182 (new) contract between the plaintiff and the defendant is not void.

Judgment of the Supreme Court 6144/2539.

According to the Civil and Commercial Code, trading is different from doing business in direct dealing with the transfer of ownership of property. The employment of the focus on the work done and the success of the work is important. In the employment of the Civil and Commercial Code, Section 592 has the duty of the contractor that the contractor must allow the employer or the employer's employer to monitor the work at all times and Section 605 determine the rights of the employer. If the employment is not completed as long as. The employer may terminate the contract when the damage to the contractor for any damage caused by the termination of this contract. The first textile contract between the plaintiff and the defendant has entered into a contract of sale. Later it was ordered by the defendant by the defendant ordered the plaintiff to weave the pattern by the defendant by the number of defendants demanded. The terms of delivery of the fabric and the payment are also in accordance with the terms of the contract and in the fabric as the defendant ordered. The plaintiff will notify the other person to weave. During the weaving, the defendant did not control the weaving and could not be woven. The legal relationship between the plaintiff and the defendant is a contract of movable property. When the defendant ordered the plaintiff to weave several times. To order any fabric that is priced over 500 baht, and without evidence in writing the name of the person liable, or has been placed or have been partially paid, then the plaintiff will be suing the defendant for the first. The fabric has not been woven in such time.

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