Proposition 54K0432

Projet de loi modifiant l'arrêté royal du 20 décembre 2006 instaurant les conditions d'octroi d'une allocation d'adoption en faveur des travailleurs indépendants en vue de modifier la procédure de demande d'une telle allocation.

General information ¶

Authors

CD&V Sonja Becq, Franky Demon, Leen Dierick, Nahima Lanjri, Griet Smaers, Jef Van den Bergh, Stefaan Vercamer
MR Caroline Cassart-Mailleux
N-VA Rita Gantois, Jan Spooren

Submission date

Oct. 9, 2014

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

adoption of a child family law maternity benefit parental leave self-employed person

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA LDD MR PVDA | PTB PP VB

Contact form ¶

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Discussion ¶

Nov. 12, 2015 | Plenary session (Chamber of representatives)

Full source

Mr Johan Klaps, rapporteur, refers to the written report.

Mr. Speaker, dear colleagues, I will be relatively brief but I would like to reaffirm, as I have already done, in particular in committee, the support of the MR group to this bill.

For too long, in our country, self-employed workers have been treated differently than wage workers, and this in areas as diverse as pensions, family allowances or even the status of close aid. It is in this perspective that, Sabine Laruelle, yesterday, Minister Borsus, today, acted and will continue to act so that these hardly justifiable differences in treatment cannot continue longer, so that these discriminations between workers cease.

The problem raised by this bill adds to a list of historical distinctions for which it is difficult to understand the reason of being. In this case, these are administrative procedures applicable to self-employed persons with a view to obtaining an adoption leave. The application for adoption leave must now comply with a procedure that differs completely unjustifiably depending on whether the applicant is an employee or a self-employed.

For self-employed workers, the application must be submitted no earlier than the day on which the application is submitted to the competent court and no later than the day on which the child is registered at the adopter’s main residence. This procedure poses many practical problems. An application for adoption leave will generally be submitted only when the adoption act is signed, and therefore, when the adopter is certain that he can adopt his child, which is not yet acquired at the time of the application to the court. Therefore, it is only between the pronouncement of the judgment and the registration in the municipality that a self-employed person can apply for an allowance, which constitutes a very short time that generates many hassles for self-employed workers.

This situation is all the more absurd as the problem does not arise for a wage worker. For the latter, it is sufficient to file a written application with the mutual, attaching a certificate from the municipality proving that the child is registered in the National Register or in the Register of Foreigners of the municipality of the adopter.

It is therefore all natural that we have made the choice to co-sign this bill which is resolutely part of the government’s action to revalue the status of the independent, thus ending a difference of treatment that has, as I said at the beginning of my intervention, no reason to be.

Mr. Speaker, I would like to say that we found it important to submit this proposal. The method of applying for an adoption benefit was different for self-employed persons or for employees and our bill eliminates that difference in treatment. Some wondered why that arrangement still existed that way. I would like to especially thank everyone who signed the bill and I also express my thanks for the smooth cooperation, also when it was approved in the committee. I hope for a quick approval later.