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One of the key aspects of negotiating force majeure clauses is to define the terms and conditions that will trigger and govern the application of the clause. You should be clear and specific about what constitutes a force majeure event, and avoid vague or broad terms that may create ambiguity or disputes.
Management may refuse, in writing, to grant force majeure leave, if it has reasonable grounds to believe that the employee is not entitled under the Act.
How to apply for force majeure leave. Your employer must keep records of all force majeure leave taken by employees. You must tell your employer as soon as possible that you need to take force majeure leave. Then, immediately on your return to work, you must make your application in writing to your employer.
For the FM principle to apply, the following requisites must be present: BdocHub must be independent of the will of the party claiming; The event must be either unforeseeable or unavoidable; The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and.
Comment: A party receiving a force majeure notice should always acknowledge receipt, even if it is apparent that a force majeure event has occurred and regardless of whether the recipient agrees or disagrees with the declaration.
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Under the Parental Leave Act, you are entitled to Force Majeure leave where for urgent family reasons, your immediate presence is required owing to an injury or illness of a close family member.
How Long Does Force Majeure Last? Force Majeure can last indefinitely; or it can be extremely short. Generally speaking, such events are typically limited to not exceed 30 days in contract language; however not to exceed 90 days is not out of out the ordinary.

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