Belgium makes history by granting sex workers employment contracts with full labour protections, ensuring safety and social security | X
Belgium creates history by becoming the first country to enshrine highly protective labour rights for its sex workers. Starting this month, sex workers in Belgium will be able to perform their services under an employment contract, similar to any other worker, indicated the Belgian Labour Ministry.
This new law on the status of sex workers adopted in May 2024, now grants a social status to prostitutes who till date operated in a grey area where their work was tolerated but not recognised. In 2022, the country however had already made headlines by decriminalising prostitution, allowing women and men who practice it to benefit from independent status.
In concrete terms, the employment contract will guarantee social security coverage and compliance with the law concerning working hours and remuneration. The new law will also guarantee these workers safety and protection against risks in their workplace. Access to unemployment benefits, retirement contributions, maternity leave and paid vacations are the other benefits offered by this law.
These workers will also have the right to refuse clients and sexual acts without this refusal constituting grounds for dismissal. They will be able to interrupt or stop the activity at any time. They will also have the possibility of imposing their own conditions on the activity or sexual act.
The new law specifies that sex workers can resign without notice or without paying compensation. The employer will be required to ensure the permanent availability of a trusted person, regardless of the number of workers employed.
He will also be responsible for equipping rooms where sex work is carried out with an emergency button. The rooms have to be of a stipulated minimal size and in accordance with hygiene standards established by law. Pimping remains prohibited. If an employer uses sex workers outside the established legal framework, he or she may be prosecuted.
The new law is the result of two years of work, developed by the Labor, Social Affairs and Justice departments, in consultation with grassroots associations.
“Previously, anyone who hired someone for sex work was a pimp according to the law,” said Daan Bauwens, director of UTSOPI, the Belgian Union of sex workers. “But the law was not enforced. That meant it was an open door to exploitation. Now, it will be legally possible to hire someone while respecting minimum standards.”
The new law enshrines four fundamental freedoms namely, the right to refuse a client, the right to refuse specific sexual acts, the right to interrupt or stop the activity at any time, and the right to impose one’s own conditions on the sexual activity or act. “This law is a historic step in the fight for the rights of sex workers,” UTSOPI rejoiced.
Sex work is legal in 21 of the 27-member states of the European Union. But there are nuances. For instance, in Germany and in the Netherlands, the activity is regulated by law. In other countries, such as Poland or Portugal, prostitution is legal, but not regulated.
In other words, the state lets it happen without getting involved. And it is completely prohibited in Croatia or Lithuania. However, no other country offers such comprehensive labour protection as Belgium does.
