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Labour law in the private sector: what is force majeure?

Verified 30 May 2022 - Legal and Administrative Information Directorate (Prime Minister)

Force majeure is an event that fills 3 characteristics following:

  1. It unpredictable
  2. It irresistible (insurmountable)
  3. It is not subject to control

A natural disaster, an exceptional climatic event are cases of force majeure, if these unforeseeable situations are beyond the control of the people and are by nature unavoidable.

The employee's death constitutes for the employment contract a case of rupture for force majeure.

In winter, ice and snowfall are predictable events and are not force majeure.

Nor is incarceration a case of force majeure.

In the event of a dispute, the courts decide whether the event is force majeure.

FYI  

the death of the employer is not a case of force majeure.