Advanced Search

Act To Amend The Law With Respect To The Protection Of Paternity Leave

Original Language Title: Loi modifiant la législation en ce qui concerne la protection du congé de paternité

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

11 JUIN 2011. - An Act to amend legislation with regard to the protection of 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 30 of the Act of 3 July 1978 on labour contracts, last amended by the Act of 22 December 2008, is supplemented by a paragraph 4 as follows:
"§ 4. The employer may not make an act to unilaterally terminate the worker's employment contract that has used his or her right to paternity leave for a period that begins at the time of the written warning to the employer and ends three months after that warning, except for reasons other than the taking of that paternity leave.
The burden of proof of these reasons lies with the employer.
If the ground in support of termination does not meet the requirements of paragraph 1er the employer shall pay a lump sum allowance equal to the three-month compensation, without prejudice to compensation payable to the worker in the event of a termination of the employment contract.
However, this allowance cannot be accumulated with other allowances that are provided under a special protection procedure against termination. "
Art. 3. Article 25quinquies of the Law of 1er April 1936 on contracts for service of inland navigation vessels, inserted by the Act of 10 December 1962 and last amended by the Act of 22 August 2008, is supplemented by a paragraph 4, which reads as follows:
"§ 4. The employer may not make an act to unilaterally terminate the worker's employment contract that has used his or her right to paternity leave for a period that begins at the time of the written warning to the employer and ends three months after that warning, except for reasons other than the taking of that paternity leave.
The burden of proof of these reasons lies with the employer.
If the ground in support of termination does not meet the requirements of paragraph 1er the employer shall pay a lump sum allowance equal to the three-month compensation, without prejudice to compensation payable to the worker in the event of a termination of the employment contract.
However, this allowance cannot be accumulated with other allowances that are provided under a special protection procedure against termination. "
Art. 4. The King is responsible for the execution of this Act.
Promulgation of this law, let us 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.
ALBERT
By the King:
Deputy Prime Minister and Minister of Employment and Equal Opportunities, responsible for the Migration and Asylum Policy,
Ms. J. MILQUET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK

(1) References:
Session 2010-2011.
House of Representatives.
Documents. - Proposal by Ms. Lanjri et al., 53-632, No. 1. - Amendments, 53-632, No. 2. - Report, 53-632, No. 3. - Text adopted by the Commission, 53-632, No. 4. - Text adopted in plenary and transmitted to the Senate, 53-632, No. 5.
Full report. - 7 April 2011.
Senate.
Documents. - Project not referred to by the Senate, 5-949, No. 1.