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

Verified 21 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

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.

A natural disaster, an exceptional weather event are force majeure when these unpredictable situations are beyond the control of people. They are inevitable in nature.

The death of the employee is a case of breach of contract for force majeure.

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

Nor is the incarceration of the employee a case of force majeure.

In the event of a dispute, alone the prud'hommes council decides if the event is force majeure.

FYI  

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