Force Majeure And Employment Agreements

Some of these employment decisions may include written employment contracts and collective agreements with force majeure clauses that excuse the benefit in the event of specific events. Black`s Law Dictionary defines “force majeure” as “an event or effect that cannot be foreseen or controlled.” Article 25/1.3 of the Labour Code states that; “In the event of a force majeure, which prevents the worker from working more than one week in the workplace, the employer may terminate the employment contract before the end of the term or without waiting for the reporting period.” However, it is important to note that the general position of the law is that Nigerian employers have the right to terminate an employment contract at any time, but the employer must establish that such dismissal and reasonable notice, as provided for by the 2004 Labour Act or the employment contract, as well as all final benefits, are charged. The appearance of force majeure at trial usually results in a simple suspension of contractual obligations for a specified period of time. If the force majeure event continues after the agreed deadline has expired, the parties may then be entitled to terminate the contract. Employers should consider clarifying vague or ambiguous force majeure clauses and ensuring that pandemics, epidemics and other epidemics are specifically characterized as force majeure events. Force majeure clauses that do not explicitly include pandemics in their definitions may not offer protection in a future pandemic if the courts find that such events are now foreseeable. It is equally important for employers to consider contractual remedies available to the parties in the event of force majeure. For example, employers should consider whether they include liquidation-related compensation measures in the event of a force majeure requiring termination of the contract. As a general rule, there is no legal authority to compel companies or employers to use suspension days as annual leave for workers, unless authorized by an enabling law. According to Nigeria`s labour law, employment is a creation of a contract and the provisions of the employment contract generally provide for a period of annual leave. Whether the days of prohibition can be used as annual leave must therefore be the subject of cooperation between the employer and the worker.