Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Nathalie Wuiame
• Pages: 50-54

50

8Self-employed workers ( Directive 2010/41/EUand some relevant

provisions of the Recast Directive)

8.1General (legal) context

8.1.1Surveys and reports on the specific difficulties of self-employed workers

No specific studies to report.

8.1.2Other issues

Until recently, birth leave (previously called paternity leave) was not available to self-

employed people. A new Royal Decree of 15 December 2019 now provides such rights to

self-employed fathers or co-parents (and helper spouses). The duration of the leave (10

days or 20 half-days) and conditions (within four months after the birth) are identical to

those applying toemployees, oncondition that such leave has not been granted to the

father or co-parent under another scheme. The benefits received by the father or co-parent

are identical to the daily amount received by a self-employed mother during her maternity

leave, which is EUR 81.63 per day or EUR 40.81 per half-day. An extra allocation of EUR

135 is available to the father or co-parent who is taking a maximum of eight days of leave.

This new birth leave is optional, as is maternity leave for self-employed workers and helper

spouses.

This new law goes beyond the obligation contained in Directive 2010/41 and Directive

2019/1158 but concurs with the European objective of enabling stronger involvement of

the father in the tasks and responsibilities resulting from the birth of a child.

The evolution in civil law that recognises same-sex union is reflected in this law by giving

such rights to the father or co-parent of the mother. This avoids gender discrimination

against the female spouse or life-partner of the mother.

8.1.3Overview of national acts

-Royal Decree No. 38 of 27 July 1967 organising the social protection scheme for self-

employed individuals;

-Act of 10 May 2007 aimed at combating discrimination between women and men,

referred in the report as the Gender Act.

8.1.4Political and societal debate and pending legislative proposals

Nothing to report.

8.2Implementation of Directive 2010/41/EU

Essentially, the substantial provisions that serve to transpose Directive 2010/41/EU(as

they did for Directive 86/613/EEC) are to be found in Royal Decree No. 38 of 27 July 1967

organising the social protection scheme for self-employed persons (equivalent to an act of

Parliament) and in a number of ancillary royal decrees.

As to effectiveness and remedies, the necessary provisions are those of the Gender Act of

10 May 2007, which was devised to implement all EU instruments on gender equality and

the material scope of which is broad enough to cover all the aspects of equal treatment

mentioned in the directive.