₦airaland Forum

Treash:
Under the doctrine of "force majeure", an employer is not bound to pay his employees who are not rendering services any salary. He can rely on doctrine of 'frustration' and 'operation of law', see Section 17 of the Labour Act.

The word "Frustration", means an intervening circumstance that prevents the performance of certain transaction, beyond the capability of either party, for example, death, protracted illness, natural disasters/ occurrence or accident. The word, "Operation of Law" means that either party is unable to fulfill his own part of transaction because of directives issued by the government or through a written law. In the circumstance of the current lockdown pronounced by the government and the ongoing pandemic, the employer can rely on 'frustration' and 'operation of law'.

The implications is that an employer is not bound to pay his worker salary during the lockdown, except he so wishes. The regime of Labour Act does not however apply to some categories of people. This includes those in the administrative affairs, executive arms of companies, those who offer professional services.

Barr Adeolu Ayo Aderinto.

utepu:
That is a wonderful legal contribution that will be helpful in this trying period for many people out there.
De Law, please does the doctrine of Force Majuere also apply to a situation where am serving a loan obtained from a financial institution payable on a monthly basis and I am not able to meet my obligation in this period of pandemic?
Your advice will be appreciated.
Thanks

utepu:
Many thanks De Law. Where do you practice? In case we have a job(brief) for you.

utepu:
That is a wonderful legal contribution that will be helpful in this trying period for many people out there.
De Law, please does the doctrine of Force Majuere also apply to a situation where am serving a loan obtained from a financial institution payable on a monthly basis and I am not able to meet my obligation in this period of pandemic?
Your advice will be appreciated.
Thanks