This clause says that strikes, lockouts, or other labor disputes don't count as force majeure—meaning you can't use them as an excuse for not performing. This is a high-risk clause because labor disputes are common and can genuinely prevent work, yet this language strips away your protection. The legal principle here is that force majeure clauses are interpreted strictly: if something isn't listed as an excuse, it isn't one. This matters enormously if you operate in unionized industries or countries with strong labor protections, where strikes are a real possibility.
Remove this clause entirely if you can, or at minimum carve out exceptions for strikes that affect your entire industry (not just your company). If the other party insists on keeping it, negotiate a "safety valve": allow labor disputes to excuse performance only if they last more than 14 days and affect more than 50% of your workforce. Also require that you must have genuinely tried to settle the dispute or work around it before claiming the excuse. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause says that strikes, lockouts, or other labor disputes don't count as force majeure—meaning you can't use them as an excuse for not performing.
Why should I care about this clause?
This is a high-risk clause because labor disputes are common and can genuinely prevent work, yet this language strips away your protection.
What are my options?
The legal principle here is that force majeure clauses are interpreted strictly: if something isn't listed as an excuse, it isn't one.
How does this affect small businesses?
This matters enormously if you operate in unionized industries or countries with strong labor protections, where strikes are a real possibility.