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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Posted the: 2011-07-20 Numac: 2011203670 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE June 11, 2011. -Act to amend the Act of 16 March 1971 on work in respect of protection against dismissal in case of conversion of the maternity leave in paternity ALBERT II, King of the Belgians, all, present and future, salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2A article 39 of the law of 16 March 1971 on work, replaced by the law of 9 July 2004 and amended by the laws of 20 July 2006, December 22, 2008 and on May 6, 2009, the following changes are made: 1. the second sentence of paragraph 7 is hereby repealed.
2. This article is supplemented by the following four paragraphs: "from the moment where the employer has been informed of the conversion of the maternity leave in paternity leave, the worker may be dismissed by the employer until the expiration of a period of a month taking courses at the end of the paternity leave, except for reasons unrelated to paternity leave.
The burden of proof of these grounds is the responsibility of the employer.
If the ground relied on in support of the dismissal does not meet the requirements of paragraph 8, or the absence of reason, the employer shall pay to the worker a lump sum equal to the gross remuneration of six months, without prejudice to due compensation to the worker in the event of breach of the contract of employment.
The King determines the cases in which the allowance referred to in the preceding paragraph is not due."
S. 3. the King is responsible for the implementation of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, June 11, 2011.
ALBERT by the King: Deputy Prime Minister and Minister for employment and equal opportunities, responsible of migration policy and asylum, J. MILQUET sealed with the seal of the State: the Minister of Justice, S. DE CLERCK (1) References: Session 2010-2011.
House of representatives.
Documents. -Proposal of law of Ms. Fernandez-Fernandez et al., 53-363, no. 1. -Report, 53-363, no. 2. -Text adopted in plenary meeting and transmitted to the Senate, 53-363, no. 3.
Compte rendu intégral. -7 April 2011.
-Project not mentioned by the Senate, 5-948, no. 1.