Section 425 — Employer joint liability for employee tort
Statutory text (Thai original)
นายจ้างต้องร่วมกันรับผิดกับลูกจ้างในผลแห่งละเมิดซึ่งลูกจ้างได้กระทำไปในทางการที่จ้างนั้น
Verbatim from the Royal Gazette / Office of the Council of State
English translation
An employer is jointly liable with his employee for the consequences of a wrongful act committed by such an employee in the course of his employment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 425 imposes joint and several liability without fault on the employer. Plaintiffs prefer to sue both because employers have deeper pockets and insurance. Two recurring questions: (1) was the act "in the course of employment" or a personal frolic? — courts read this broadly when the act was foreseeable from the job duties (e.g. driver causing accident on delivery route = in course; same driver later getting drunk and brawling = personal frolic); (2) the employer's recovery from the employee under §426 is theoretically available but rarely worth pursuing in practice. SC decision 2794/2565 is the leading recent authority confirming the broad reach of §425 in delivery and ride-share contexts.
Supreme Court decisions interpreting this section
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