Posted the: 2013-08-14 Numac: 2013007178 Ministry of defence 18 July 2013. -Act to amend various provisions on the status of the military. (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendment of the law of July 13, 1976 on officers workforce and the Statute of staff of the armed forces art. 2. the present chapter partially transposes Directive 2010/18/EU of the Council of 8 March 2010 implementing the revised framework agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and these and repealing Directive 96/34/EC.
3. in article 53quinquies, of the law of July 13, 1976 on officers workforce and the statutes of the armed forces personnel, inserted by the law of March 27, 2003, the following changes are made: 1 ° in paragraph 2, paragraph 1, replaced by the law of April 23, 2010 and last modified by the law of June 20, 2012 , the words "three months" are replaced by the words "four months";
2 ° paragraph 3, amended by the law of July 16, 2005, is supplemented by a paragraph worded as follows: ' by way of derogation from paragraph 1, the fourth month of parental leave right the interruption allowance only in the head of a member who takes this fourth months for children born or adopted from March 8, 2012. " ».
CHAPTER 3. -Amendment of the law of 6 February 2003 on voluntary resignation accompanied by a personalized program of retraining for the benefit of some military and social provisions article 4. in article 14, paragraph 3, of the law of 6 February 2003 concerning the voluntary resignation accompanied by a personalized program of retraining for the benefit of some military and social provisions, inserted by the law of April 23, 2010, the words "the amount limit has referred to in article 111, paragraph 3 ' shall be replaced by the words" the amount limit has referred to in article 111. ', paragraph 2.
CHAPTER 4. -Amendments to the law of January 10, 2010 establishing voluntary military recruitment and amending various laws applicable to military personnel art.
5a. article 25 of the law of January 10, 2010 establishing the military voluntary commitment and amending various laws applicable to military personnel, the following changes are made: 1 ° in the paragraph 1, the words "and provided that regulatory provisions are not inconsistent with the regulatory provisions taken pursuant to this chapter" shall be inserted between the words "this chapter" and the words «» ', all provisions ";
2 ° in paragraph 2, the words "and provided that the regulatory provisions are not inconsistent with the regulatory provisions taken pursuant to this chapter" are inserted between the words "this chapter" and the words ", all provisions".
S. 6. article 31 of the same Act is supplemented by 3 ° as follows: «3 ° the conditions to be able to subscribe a re-engagement. '' ».
S. 7. article 33 of the Act is replaced by the following: «art.» 33. the King fixed: 1 ° the specific duration of training candidates EVMI cycle according to their category of staff;
2 ° assessment of the qualifications of candidates EVMI moments. ».
S. 8. in the same Act, it is inserted an article 34/1 as follows: «art.» 34/1. The conditions and the procedure fixed King, the candidate EVMI can be redirected by the authority that the King refers to another specific training cycle in the same category of staff, in the same quality and a contemporary promotion.
S. 9. in the Act, it is inserted a section 34/2 as follows: «art.» 34/2. Candidate EVMI which is attached to a subsequent promotion to hone or exceptionally start his training, follows the fate of the candidates of the new promotion to which it is attached, except for the end of her training cycle for which it follows the fate of its promotion of origin EVMI candidates. ».
S. 10. article 46, paragraph 1, of the same law is completed by 5 ° as follows: '5 ° not have been denied more than twice for admission because it does not meet the conditions referred to in 1 ° to 4 °. '.
S. 11. in Chapter 10 of the same Act, it is inserted a section 7/1 entitled "the career transition outside the Armed Forces.
S. 12. in section 7/1, inserted by article 11 article be inserted a 49/1 as follows: «art.» 49/1. EVMI Member may benefit from a professional reorientation, to condition: 1 ° that it introduces an application therefor;
2 ° he has done the number of months following service: has) forty-two for an officer and an NCO EVMI;
(b) thirty for a volunteer EVMI;
3 ° will not be admitted to another quality of military as referred to in section 6;
4 ° his reappointment is not terminated.
Skilling request is submitted to the Director general human resources, through the Chief of corps: 1 ° the officer and NCO EVMI, no earlier than the first day of the forty-third month of service and no later than the last working day of the forty-sixth month of service;
2 ° for the volunteer EVMI, the earlier the first working day of the thirty-first month of service and no later than the last working day of the thirty-fourth month of service. ».
S. 13. in the same section 7/1, inserted a section 49/2 as follows: «art.» 49/2. § 1. The career transition includes a group information session and a career transition phase.
§ 2. The collective information session aims to explain to military EVMI the rights to which they are entitled during the phase of career transition, as well as the terms and conditions in order to be able to enjoy these rights.
The collective information session is organized in five business days prior to the start of the phase of career transition.
§ 3. The career transition phase consists of: 1 ° leave skilling during which military EVMI enjoys an exempt service;
2 ° of the orientation and accompaniment activities organized by public services of employment and relevant training, in accordance with an agreement concluded between those organizations and the competent authorities on the one hand and the Minister of defence on the other.
The career transition phase begins the first day of the last month of service of the re-employment during which the request for a professional reorientation was introduced and ends right agenda where the maximum period laid down in article 21, paragraph 2, is reached.
CHAPTER 5. -Disposition final art. 14. this Act comes into force the tenth day following its publication in the Moniteur belge, with the exception of articles 2 and 3, which take effect March 8, 2012.
Promulgate this Act; order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, July 18, 2013.
ALBERT by the King: the Minister of defence, P. DE CREM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ (1) Note Session 2012-2013: House of representatives.
Parliamentary papers: Bill No. 53 - 2821/1. -Report No. 53 - 2821/2. -Adopted text no. 53-2821/3-4.
Parliamentary Annals: text adopted in plenary on 13 June 2013.
Parliamentary papers: Bill passed by the House, no. 53-2154/1. Not mentioned.