The court accepted the farmer`s position that the state injunction in response to the outbreak constituted, in the present circumstances, a force majeure event, which meant that he was legally discharged from his contractual obligation. It should be noted, however, that the farmer was ordered directly by the competent authorities and that, due to compliance with this provision, the provision was made impossible (and not only in practice). It would not be fair to say that the Supreme Court will automatically consider an epidemic because of this case as a case of force majeure. The contract generally allows both parties to terminate the contract if the force majeure case continues after a certain number of days. The termination of employment with cause, i.e. without notice or compensation, is subject to both the labour law and the Thai civil and commercial code. The applicable grounds include gross negligence of the employee, intentional disobedience, dishonesty or commission of an offence. In the case of an un noting employment relationship, the employer is required to compensate the worker in addition to the required dismissal, depending on the length of the worker`s permanent service. Under the law in Thailand, employment contracts must not be written to be enforceable. However, it is recommended that foreign workers apply for a written employment contract in order to obtain certain conditions of employment. A foreign employee`s contract may be written in English, but must be translated into Thai if a copy is required, if an application for a work permit is made or if the contract is to be submitted as part of a court proceeding.
Force majeure is rarely an essential issue in contract negotiations, although this principle has acquired, in the first quarter of 2020, an importance that is not normally granted to it. To understand the impact of a force majeure case on a given agreement, it is necessary to conduct a thorough analysis and a complete understanding of the relevant circumstances. What types of taxes should be paid when buying land or real estate in Thailand? The transfer tax, withholding tax and stamp duty or the specific business tax (SBT) must all be paid either by the buyer or by the seller when acquiring a property. Although the purchase and sale contracts differ, the buyer is generally responsible for the amount of the transfer, while the seller pays stamp duty or a specific business tax and withholding tax. transfer fee: 2% of the registered value of the property; Stamp tax paid on the day of the transfer of ownership to the Landesamt: .5% of the weighted value of the property or purchase price, depending on the higher special tax value (SBT): 3.3% of the assessed or actual price of the property, depending on the highest value; Only imposed if the property is transferred less than five years after the purchase (if the SBT is collected, stamp duty should not be paid.) Types of Contracts in Thailand The B.E. 2541 Labour Protection Act (1998) and the Civil and Commercial Code define the rights and obligations of employers and workers. Under Thai labour law, an employment contract must not have conditions below the minimum standards set by law. If the agreement contains a “non-competition clause,” that part of the agreement falls under the Abusive Terms Act. It is customary for parties to demanding trade agreements to have explicit force majeure provisions.
It is not always clear whether these provisions replace the legal provisions of the CCC or act as an alternative, alongside the legal provisions. Section 366. Until the parties have concluded all the points of a contract on which an agreement is essential after the declaration of a party, the contract will not be concluded if in doubt. Agreement on certain points is not binding, even if they have been noted.