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Force Majeure for Non Performance

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1 Force Majeure for Non Performance on Sun Mar 05, 2017 5:13 pm

mishael032409


Arresto Mayor
Hi atty/s,

I just want to ask if force majeure can be implemented for non performance without due process and performance improvement plan by a client?

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2 Re: Force Majeure for Non Performance on Sun Mar 05, 2017 6:55 pm

lukekyle


Reclusion Perpetua
did u mean termination? force majure means an unforseen event that prevents you from fullfilling a contract. ni terminate ba ang contract mo dahil d ka nag perform?

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3 Re: Force Majeure for Non Performance on Mon Mar 06, 2017 9:19 am

mishael032409


Arresto Mayor
A yes sir, Termination i mean.

This what stated in our contract and my thoughts are, it does not state or give any due process or performance improvement plan to an employee before termination? Should we put like a timeline for example : Employee should be given due process, proper coaching and performance improvement plan of not more than 8 weeks after the first coaching session deliberation of nonperformance

FORCE MAJEURE
15.1 A party will not be liable for any failure or delay in the performance of its obligations under this Contract if that failure or delay is due to circumstances beyond that party’s control (“Force Majeure”). Any party who is, by reason of Force Majeure, unable to perform any obligation or condition under this Contract must notify the other parties as soon as possible specifying:
(a) the cause and extent of such non-performance;
(b) the date of commencement of non-performance; and
(c) the means proposed to be adopted to remedy or abate the Force Majeure.
15.2 A party who is, by reason of Force Majeure, unable to perform any obligation or condition under this Contract must:
(a) use all commercially reasonable endeavours to remedy or abate the Force Majeure as quickly as possible;
(b) resume performance as quickly as possible after cessation of the Force Majeure; and
(c) notify each party when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur

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4 Re: Force Majeure for Non Performance on Mon Mar 06, 2017 10:25 am

lukekyle


Reclusion Perpetua
i still dont understand your question. Force majure is an event beyond your control which will prohibit you from fulfulling your end of a contract. typhoon, transport strike, acts of terrorism, these are examples of force majure.

Force majure is usually used to say "walang sisishan kasi di ko kasalanan kung bakit hindi ko natupad yung kasunduan" I think maling term ginagamit mo

For termination proceedings, yes due process must be obeserved, meaning the employee must be given a chance to explain his side. yung mga coaching etc is an internal matter. it is up to the company to determine the soundness of such a policy. SHort answer - no it is not required.

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5 Re: Force Majeure for Non Performance on Mon Mar 06, 2017 2:00 pm

mishael032409


Arresto Mayor
Ah sorry sir, yan kase nakalagay sa contract. Nilagay nila under ng Force Majeure ung clause about Non Performance so im not sure how to relate it.

Bale ang gusto ko po sana talagang ma achieve is pwede bang maging scapegoat ng client un na iterminate lang basta basta ang contract without giving performance improvement plan or due process sa isang employee kung di nila nagustuhan ung performance?

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6 Re: Force Majeure for Non Performance on Mon Mar 06, 2017 3:47 pm

lukekyle


Reclusion Perpetua
due process kelangan nga meron. Perfomance improvement plan hindi nga kelangan.

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7 Re: Force Majeure for Non Performance on Mon Mar 06, 2017 6:36 pm

council

avatar
Reclusion Perpetua
need to define and describe client and other party.

if like sa BPO, merong client ang isang call center, pwedeng ipa-"terminate" ng client ang employee from the account - basta tanggalin sa paghawak ng account nila. Bahala na si employer kung paano gagawin yun based sa company guidelines and policy.

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8 Re: Force Majeure for Non Performance on Wed Mar 08, 2017 1:37 pm

mishael032409


Arresto Mayor
Got it sir's - And this is regardless kung probationary or regular employees right? Ang nangyari kase sir is we are left hanging nung client. 1 month pa lang nag wo work sa kanya ung agent namin and nag conclude na agad sila na non performance kaya they dont want to continue the service na and want it terminated. Gusto lang sana namin malaman kung pwde pa naming i enforce ung due process sa clients namin sa contract na di sila pwedeng basta basta mag terminate ng contract due to non performance

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