Proposition 54K3532

Projet de loi instaurant un congé de paternité et de naissance en faveur des travailleurs indépendants.

General information ¶

Authors

CD&V Griet Smaers
Ecolo Gilles Vanden Burre
Groen Kristof Calvo
LE Michel de Lamotte
MR Caroline Cassart-Mailleux
Open Vld Nele Lijnen
PS | SP Jean-Marc Delizée
Vooruit Karin Jiroflée

Submission date

Feb. 6, 2019

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

motherhood parental leave social security paternity leave leave on social grounds self-employed person

Voting ¶

Voted to adopt

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

Contact form ¶

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Discussion ¶

Feb. 28, 2019 | Plenary session (Chamber of representatives)

Full source

I am referring to the written report.

This important text is the conclusion of almost two and a half years of work. It was here, in this same tribune, that I was interviewing at the time the Minister of SMEs, Willy Borsus, as part of a discussion on female entrepreneurship.

In response to his answer to one of my questions, I offered him to add to all his proposals to encourage female entrepreneurship a measure allowing independent fathers to benefit from paternity leave. This would include supporting independent, entrepreneurial mothers. That is how this topic was put on the table.

Subsequently, we submitted a bill. Minister Willy Borsus said it was a good idea. We received his support, which made us happy. After a government change, Willy Borsus was replaced by Denis Ducarme, Minister of SMEs, who repeated that it was a good idea and that he wanted to implement it. Without drawing up all the history, the government fell at the end of last year—this will not have escaped anyone here—and the bill has never been implemented. It was necessary for the Economy Committee to review the text and carry out joint work with several political groups.

The text to be voted today is the result of constructive work between several political groups who had filed a text on paternity leave and birth allowance for self-employed.

It is important to emphasize that, on some topics like this, we can work together between different political groups, beyond the traditional majority/opposition split, even though during this period of current business, these boundaries are already less clear than before.

Why has this proposal been important for Ecolo-Groen for a long time? There are two main reasons.

The first concerns the balance between family life and work life. Today, the professional life of self-employed workers is becoming increasingly difficult, complicated, and it subjects them to stress and pressure. Occupational illnesses, for employees as well as for self-employed, are prone to increase. Today there is clearly a growing demand for the reconciliation of working life, often very busy and stressful, especially for self-employed persons, with family life, especially when it grows and welcomes a new child.

This is an important message to the world of work. Independent fathers and independent co-parents should be encouraged to take more care of family life and to assist mothers when a new child arrives. This important signal meets the expectations of a labour market and decent working conditions in the 21st century. Here is the first element that, for us, is very important regarding the balance between family life and work life.

The second is the equal treatment between employees and self-employed, which is also very important for us, in themes such as this, i.e. the adoption of a new child. There can be no discrimination between employees who now enjoy ten days of paternity leave and self-employed workers who now have nothing at all. For us, this is a crying injustice. For employees, this vacation is already a reality, and it is very well like that. My Ecolo-Groen group even wants to extend it. This kind of injustice, as in other fields, between statutes, is no longer acceptable when it comes to the adoption of a new child. The family should be encouraged and supported, and engaged in family tasks at this time. There should be no distinction between statutes. This proposal, which introduces ten days of paternity leave for self-employed workers, repairs this unacceptable injustice that exists today between the different statutes.

As I said, this is a compromise, which was co-signed by several political groups and voted unanimously in the Economy Committee. We have come to a proposal that introduces ten days of optional paternity leave. They are independent and they need to be able to give them some flexibility. It is possible to take these holidays by half days. A request was made in this regard.

In addition, it is a text that we have, all and all, desired inclusive, regardless of family composition. It is therefore addressed to both fathers and co-parents, regardless of the type of family and family composition. Everyone, each, co-parent, parent, obviously has the right to this leave at the time of birth and the arrival of a new child.

This leave can be taken within a period of four months, as is the case for employees. This was a demand from the industry. We believe that if a system is established for self-employed workers, it must be of the same quality as that of employees.

Finally, it also provides for additional service titles if ever the self-employed can only take up to eight days of leave instead of ten. This additional support is the result of a compromise between different parties.

Today we give a very important signal to the more than 1,100,000 independent workers, two-thirds of whom are men and therefore potential future fathers. I am pleased that we can support this text unanimously.

Mr. Speaker, dear colleagues, I think, like the previous speaker, that we can be pleased that in this context of current affairs, several advances in the social law of independent workers have been possible. A week ago, we were able, in the Economy Committee, to adopt a bill to better protect the self-employed in illness situation. We see it again today. With the vote that will take place, we hope, soon, we will introduce paternity leave for self-employed workers.

Independent fathers will now have a voluntary leave, compensated for ten days, to take within four months after the birth and extended to co-parents, all like wage workers. At the same time, we also arranged some differences with the social regime of wage workers. On the one hand, self-employed workers will be able to divide their days of leave into half days and, on the other hand, they will be able to choose either ten days of leave, like employees, or eight days of maximum leave and fifteen service titles. These accommodations may be justified taking into account the specificities of the work of the self-employed.

Again, I am delighted with my group to see that all the democratic groups have been able to work constructively, as it has been said, to result in a very positive result but that has been delayed. It must be said too. This issue has been discussed for a long time, which took a long time to result in today’s vote. However, we have benefited from the support of representative organizations of self-employed workers and the hearings of the UCM and the SNI who, like the League of Families, have supported this approach.

The case has long been patched for other reasons that I have never really fully understood. For a long time, Minister Ducarme told us to look for a budget available. Last November, during the discussion on his general policy note, he still said he was seeking an agreement within the Council of Ministers. There has been the fall of the government and this period of ordinary business that allows us to finalize – and it is happy – this file.

At the end of the day, the reasons for the blockage do not matter. Today we give an important signal for strengthening the bond between father and child, an important signal for gender equality and an important signal for equality between wage workers and self-employed workers. That is why our group will enthusiastically vote on this bill.

The introduction of paternity leave for self-employed is the result of joint work with several parliamentary groups, but also with the two successive competent ministers, the ministers Borsus and Ducarme.

The objectives of this measure in favour of self-employed fathers are multiple. In particular, it aims to eliminate the difference in treatment between employed and self-employed fathers. Since 2002, employed fathers have been entitled to a period of ten days of absence compensated on the occasion of the birth of a child. This measure meets the expectations of self-employed workers in terms of conciliation between private and professional life, which I find indispensable and very important.

Our proposal has also been drafted to fully meet the expectations of simplicity and flexibility of independent workers. So we had to legislate so that they could, according to their profession and in case of difficulties, find solutions. With the possible taking of half-day leave – this very innovative measure allows self-employed to adapt – within a period of four months – we here demonstrate flexibility –, we respond to the realities of self-employed persons who, during their paternity leave, must nevertheless continue to devote part of their time to running their business or business.

The compensation is a flat rate (80,82 euros) for a full day. The paternity allowance amounts to a total of 808,20 euros.

As in the regimes of wage workers, in addition to male self-employed workers, co-parents will also be able to claim this leave.

To supplement this arrangement, the proposal provides that the self-employed workers concerned will also be able to choose to temporarily interrupt their professional activity only for a maximum period of eight days. In this case, they will benefit from 15 free titles-services.

Dear colleagues, this measure is an important step forward that will be implemented in a few weeks, i.e. from 1 May next year.

In conclusion, our group fully supports the objectives pursued by this bill that improves the social status of self-employed workers, which is why we invite you to vote for this text as we do.

Mr. Speaker, colleagues, the CD&V Group submitted its own bill one and a half years ago to introduce paternity leave for self-employed workers in order to eliminate the inequalities that still exist.

While there is paternity leave in the employee system, there was no pre-emption for paternity leave for fathers for self-employed persons. Fortunately, this legislature has also ensured an extension of maternity leave for self-employed mothers.

I think it is no more than logical that we now also take the step to create a possibility for self-employed fathers to take birth leave. As some colleagues have already said, it’s a possibility, it’s not a must. We respect the choice of the self-employed father in question, but if he wishes to apply for the leave, he can take a maximum of ten days.

The proposal, which was drafted by various parties, places the middle between the various legislative proposals submitted by the various political groups. I think this is a very good proposal.

I am pleased that we have been able to cooperate well on this in the committee and that we will be able to adopt this proposal with the support of all the political groups later in this plenary session.

On the other hand, I would like to thank all the colleagues who have worked on this.

We can all emphasize that it is a beautiful evolution that we can say in 2019 that fathers also want to take care of their children. That in itself is already a great merit of this time spirit.

Our group considers it important to emphasize that we have adjusted the name of the bill to maternity leave rather than paternity leave, because we consider it important that the memes can be part of this story. Sometimes semantics are important.

We also find it essential that there is a choice, that dads and mommas have the choice to take or not take the leave, although the other system teaches us that the vast majority of dads take the paternity leave. In this regard, it is hard to look forward to next year to see the first figures.

It was an exciting time in the committee. These proposals have long been on the table. We have been able to change well in the last few weeks and we will probably do so on other proposals. It is good that these proposals were unanimously adopted.