Termination of employment contract for force majeure
Verified 18 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
In case of force majeure, the employee's employment contract may be terminated without having to follow a particular procedure. The employee may receive compensation under certain conditions. We're doing an update on the regulations.
Force majeure is an event that fills all 3 features following:
- Cannot be predicted (unpredictable)
- Can't be overcome (irresistible)
- External fact beyond the control of the data subject.
The continuation of the employment contract due to this event is made impossible. For example, the total destruction of the company following a fire with no possibility of resuming activity.
Termination of the contract of employment for reasons of force majeure is a specific form of termination of the contract of employment. It's not a layoff.
The employer shall inform the employee in writing of the break-up. The employment contract is terminated immediately.
The employer shall give the employee the termination documents which are due to him.
FYI
If the employee considers that the conditions for a breach of contract due to force majeure are not met, he or she may to refer the matter to the labor council.
The allowances that an employee may receive differ according to the nature of the employment contract.
They also differ if rupture is due to sinister or not.
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The employee is on a permanent contract
The breakup is related to a disaster
The employee receives a compensatory allowance. Its amount shall be equal to that of severance pay and the compensation for notice to which the employee could have been entitled.
He also perceives compensatory leave with pay.
Other case
The employee receives only compensatory leave with pay.
He doesn't collect severance pay and compensation for notice.
The employee is on fixed terms
The breakup is related to a disaster
The employee receives a compensatory allowance. Its amount is equal to the remuneration that the employee should have received until the end of the contract.
He also perceives compensatory leave with pay.
Termination pay (or precarious pay) is not paid.
Other case
The employee receives only compensatory leave with pay.
Termination pay (or precarious pay) is not paid.
The employee is on a temporary employment contract (temporary employee)
The employee receives compensatory leave with pay.
The end-of-mission allowance (or precarious allowance) is not paid.
Please note
The termination of the contract of supply, that is to say the contract concluded between the temporary company of work and the user company, is not a case of force majeure.
The employee is on an apprenticeship contract
The employee receives compensatory leave with pay.
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Force majeure conditions
Force majeure during a contract of employment of indefinite duration (CDI)
Force majeure during a fixed-term employment contract (fixed-term contract)
Exclusion from the benefit of the Precarious Employment Premium (CDD)
Termination of a temporary employment contract for reasons of force majeure
Exclusion from entitlement to the end-of-mission (acting) allowance
Termination of a learning contract for force majeure