An Act To Amend The Act Of 16 March 1971 On Work With Regard To The Protection Against Dismissal In Case Of Conversion Of The Maternity Leave In Paternity Leave

Original Language Title: Loi modifiant la loi du 16 mars 1971 sur le travail en ce qui concerne la protection contre le licenciement en cas de conversion du congé de maternité en congé de paternité

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11 JUIN 2011. - An Act to amend the Labour Act of 16 March 1971 on protection against dismissal in the event of conversion of maternity leave to paternity leave

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 39 of the Labour Act of 16 March 1971, replaced by the Act of 9 July 2004, as amended by the Acts of 20 July 2006, 22 December 2008 and 6 May 2009, are amended as follows:
1. the second sentence of paragraph 7 is repealed;
2. this article is supplemented by the following four paragraphs:
"From the time the employer was informed of the conversion of maternity leave to paternity leave, the worker cannot be terminated by the employer until the expiry of a month's period taking place at the end of the paternity leave, except on foreign grounds for paternity leave.
The burden of proof of these reasons lies with the employer.
If the reason in support of the termination does not meet the requirements of paragraph 8, or if there is no reason, the employer will pay the worker a lump sum allowance equal to the gross remuneration of six months, without prejudice to compensation payable to the worker in the event of the termination of the employment contract.
The King shall determine the cases in which the allowance referred to in the preceding paragraph is not payable."
Art. 3. The King is responsible for the execution of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, June 11, 2011.
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Seal of the state seal:
Minister of Justice,

(1) References:
Session 2010-2011.
House of Representatives.
Documents. - Proposal by Mrs. Fernandez-Fernandez et al., 53-363, No. 1. - Report, 53-363, No. 2. - Text adopted in plenary and transmitted to the Senate, 53-363, No. 3.
Full report. - 7 April 2011.
Documents. - Project not referred to by the Senate, 5-948, No. 1.