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Termination of employment contract for force majeure

Verified 04 December 2020 - Directorate for Legal and Administrative Information (Prime Minister)

In case of force majeure, the employer may terminate an employment contract immediately without taking into account the procedure laid down for dismissal. The employee receives certain compensatory allowances, subject to conditions.

Force majeure is an event that fills the 3 features following:

  1. He is unpredictable
  2. He is irresistible (insurmountable)
  3. He is beyond the control of the persons concerned

The continuation of the employment contract due to this event is made impossible.

The judge shall determine on a case-by-case basis the existence of an event of force majeure.

It can be recognized in the event of a fire or cyclone leading to the total destruction of the company without the possibility of resuming activity.

An administrative decision may also constitute force majeure.

Example :

withdrawal of a license required for the exercise of the activity.

FYI  

if the employee considers that the conditions for a breach of contract due to force majeure are not met, he may to refer the matter to the labor council.

The employment contract is terminated immediately.

The employer is not obliged to follow the dismissal procedure.

No notice is given.

The employer shall give the employee the termination documents which are due to him.

Employee on a permanent contract
  • If the breach of the contract is linked to an accident, he shall receive compensation. Its amount shall be equal to that of severance pay and the compensation for notice to which the employee could have been entitled.
Employee on fixed term contracts
  • If the breach of the contract is linked to an accident, he shall receive compensation. Its amount is equal to the remuneration that the employee should have received until the end of the contract.

The precarious allowance is not paid.

Who can help me?

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  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry responsible for labor.

    Cost: free service

    Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.

    The service is available at the following times:

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    • Friday: 1 p.m. to 4:15 p.m

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