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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 immediately terminate an employment contract 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 characteristics following:

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

The continuation of the employment contract as a result of this event is made impossible.

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

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

An administrative decision may also constitute a case of force majeure.

Example :

the withdrawal of a compulsory authorization to carry on the activity.

FYI  

if the employee considers that the conditions for a breach of contract in the event of force majeure are not met, he may refer the matter to the prud'homme council..

The employment contract is broken immediately.

The employer is not required to follow the dismissal procedure.

No notice is given.

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

Employee in CDI

  • If the breach of contract is related to a claim, he shall receive compensation. Its amount is equal to that of severance pay and notice compensation the employee could have claimed.

CDD employee

  • If the breach of contract is related to a claim, he shall receive compensation. Its amount is equal to the remuneration the employee should have received until the end of the contract.

The precarious bonus shall not be paid.