Der parlamentarische Sozial- und Arbeitsausschuss hat einen Gesetzentwurf mit neuen Bestimmungen für die Sexarbeit unter einem Arbeitsvertrag im Gesetz verankert. In diesem Rahmen wird auch das Recht von Sexarbeitern gesetzlich verankert, einen Freier abzulehnen und einen sexuellen Akt zu unterbrechen, ohne dass der Arbeitgeber ihnen das vorwerfen und sie dafür bestrafen kann.
Belgien hat also als erstes Land der Welt Abrietsverträge für Sexarbeit. Vor etwa zwei Jahren wurde Sexarbeit aus dem Strafgesetzbuch gestrichen, nun gibt es Arbeitsvertäge und Sozialleistungen.
Was hier hervorsticht ist, dass man zwar ab nun einen Arbeitsvertag hat, aber keine Weisungsgebundenheit, dem Arbeitgeber gegenüber. Im neuen Gesetz ist verankert, dass Preis, Lesitung und Umfang nur von die Sexarbeitenden selbst bestimmt wird, das Recht den Akt jederzeit ohne Konsequenzen durch den Arbeitgeber unterbrechen zu können und das Recht, Kunden abzulehnen. Man darf deswegen nicht gekündigt werden, kann aber selbst jederzeit kündigen.
Detailiertere Informationen hier:
Kurze ZSFG:
[03/05/2024] Last night at 0:29 a.m., the first labor law for sex workers was approved by the Belgian federal Parliament by a large majority. The Parliament voted with 93 votes in favor, 33 abstentions and 0 votes against. This is an extraordinary success and another milestone in the fight for equal rights for sex workers.
Working as a self-employed sex worker was already possible in Belgium. This new law makes it possible for sex workers to also work under an employment contract. In the first place, this means access to social security: pension, unemployment, health insurance, family benefits, annual vacation, maternity leave, etc.. At the same time, the law ensures that sex workers in the workplace are protected from work-related risks and not anyone can become an employer.
Freedoms of sex workers
Central to the new law are the freedoms of sex workers: any sex worker may choose to refuse a client or a sexual act, interrupt an act or perform it however they wish. Those who wish to become employers must not have incurred convictions for serious crimes, must appoint a reference person for the sex worker's safety and provide an alarm button that immediately connects to the reference person.
The bill was drafted over a two-year period by the Belgian Labor, Health and Justice Cabinets. UTSOPI and the support organizations Violett and Espace P were closely consulted on numerous occasions. Sex workers were given the opportunity to read the texts and their feedback was taken into account.
Future risks
The labor law was the necessary next step after the decriminalization of sex work, voted in March 2022. "Without a labor law, employing a sex worker under contract remained a criminal offense," says Daan Bauwens of the organization UTSOPI, "leaving sex workers with the choice between self-employment or a semi-legal contract in a gray zone with no guaranteed rights or protection. Without a labor law, sex workers would still be legally discriminated against. That is now over."
UTSOPI simultaneously points out that the work is not over. The laws have been voted, now comes the development of policies. "The new laws can be misused to fight sex work. Already we see certain municipalities hiding behind the words "safety" and "hygiene" to promulgate very strict local regulations that make sex work almost impossible on their territory. We must ensure that the new laws benefit all sex workers and do not turn into a policy of chasing the most vulnerable sex workers," said the sex worker's rights advocate.
Now that the labor law has been voted, the organization is focusing on the protection of undocumented sex workers and large-scale sensitization so that sex workers recognize situations of exploitation and know where to turn.
Ausführlicher:
https://www.utsopi.be/our-work/decrimin ... du-travail
Belgian labor law for sex workers: what and how?
On 3 May 2024 at 0.29 a.m., the Belgian parliament approved the labor law for sex workers under contract. There were 93 votes in favor, 33 abstentions and zero votes against. This victory marks the end of two years of intense lobbying, which we have carried out hand in hand with our partners Violett and Espace P.
Self-employed sex work was already possible in Belgium. Thanks to this law, sex workers will also be able to work under an employment contract, thus gaining access to social security: pension, unemployment, health insurance, family benefits, annual vacation, maternity leave,... At the same time, the law ensures that sex workers in the workplace are protected against job-related risks and conditions are imposed on employers.
Historic step
This law is a historic step in the battle for sex workers' rights. Countries that recognized sex work before Belgium (Germany, the Netherlands, New Zealand) never worked out a specific legal framework for labor. However, this is necessary for a good balance and a respectful, fair relationship between sex worker and employer. This is exactly what this law does.
What does the new law say?
Sex workers gain additional worker’s rights and the employer must meet certain obligations. Please note that this labor law applies only to those who sign an employment contract for sex work, and not to self-employed people who work as a freelancer in a house or on a self-employed basis as an escort. It also only covers physical sexual contact. Porn, striptease and webcam are therefore not covered by this law.
It will be impossible to engage in sex work under contract as a student. Nor will it be possible to engage in sex work under an interim contract or as a flexi-jobber.
Any legal form of business will be possible as an employer except a one-person business. One-person businesses are possible in sex work, but will not be allowed to hire staff.
What additional protections will a sex worker have?
1. Sex workers have five freedoms:
• Every sex worker has the right to refuse a client.
• Every sex worker has the right to refuse a sexual act.
• Every sex worker has the right to interrupt a sexual act at any time.
• Any sex worker has the right to perform a sexual act in the manner they wish.
• If there are dangers to the sex worker's safety, the sex worker may refuse to sit behind a window or advertise.
If a sex worker invokes any of these rights, the sex worker is protected from dismissal or other adverse action by the employer. If a sex worker exercises the right to refuse more than ten times in a six-month period, the sex worker or the employer may seek the intervention of a governmental mediation service. That service will assess if there is anything wrong with the working conditions, if there is a problem in the employer-employee relationship. The service can also offer professional reorientation possibilities.
2. Sex workers may decide to end their contract at any time, without compensation or without the sex worker being required to perform a notice period.
3. When sex workers voluntarily end their contracts, they do not lose their right to unemployment.
What obligations for employers?
The employer must apply for recognition and is eligible if:
1. They have a registered office or branch office in Belgium.
2. They have not previously been convicted of:
• Voyeurism.
• Non-consensual distribution of sexually oriented images and recordings (revenge porn).
• Defilement sexual integrity (sexual assault) and rape.
• Prostitution of minors.
• Murder, assault, torture, inhuman or degrading treatment.
• Abuse of prostitution and human trafficking.
• Kidnapping and theft.
• Extortion and fraud.
These are the most important crimes. Click here (
https://www.dekamer.be/FLWB/PDF/55/3926/55K3926001.pdf) for a complete list. Managers or supervisory staff employed by the employer may also not have been convicted of crimes on this list.
After recognition:
1. During sexual services, a reference person (internal or external) is always available to ensure that the sex work is organized in a safe way.
2. Each room where sexual services take place is equipped with an alarm button. If services take place outside the establishment, the employer provides the sex worker with a mobile alarm button. The alarm button immediately connects to the reference person.
3. Unions, sex worker support organizations and the professional organization of sex workers have access to the workplace at all times. Sex workers are not obliged to respond to the organizations' offer.
What remains to be decided?
This law is the basis that applies to the entire sex sector. Within the law, there are three things that still need to be decided. This will be done through a Royal Decree. We are expecting three Royal Decrees:
• A Royal Decree on the practicalities of the recognition procedure.
• A Royal Decree on the minimum dimensions of rooms, the maximum number of sex workers per room and the minimum hygiene in the workplace.
• A Royal Decree on the mediation service that will intervene when a sex worker frequently exercises the right to refuse a client, sexual act,....
What about anonymity?
Many sex workers fear a loss of their anonymity or fear losing their chances for another future job if their contract mentions sex work. As plans stand, sex workers' anonymity will be guaranteed. Sex workers will be able to work under hotel-restaurant-cafe (horeca) contracts that do not mention sex work.
The future risks
This law is a huge step forward, ending legal discrimination against sex workers by allowing a full-fledged contract. But there are risks involved.
The new rules are aimed at giving sex workers full social protection and eliminating rogue employers or exploiters. But the clarity of the new regulations can also be instrumentalized to reduce or eliminate sex work. We already see certain municipalities hiding behind the words “safety” and “hygiene” to promulgate very strict local regulations that make sex work almost impossible on their territory.
Also: how will sex workers without work status or without legal residence be dealt with in the future? This is not clear at this time, because it has not yet been decided how the new law will be applied. UTSOPI is already in dialogue with experts, the social inspection and city councils to weigh in on the new policy.
We need to make sure that the new laws benefit all sex workers and do not turn into a chase of the most vulnerable. This is our task for the near future. To be able to do this, we need to become an even stronger organization. We need the support and help of more members, more sex workers and more allies to meet that challenge.
Are you a sex worker, client or employer and you still have questions? If so, let us know at
info@utsopi.be
und hier:
LEGAL EMPLOYMENT FRAMEWORK FOR SEX WORK
Translation of draft bill presented to federal Parliament on 22/03/2024.
1. DRAFT BILL
PHILIPPE,
King of the Belgians,
To all, present and future,
Greetings.
At the proposal of the Minister of Labor, the Minister of Social Affairs and the Minister of Justice,
We have enacted and do enact:
The Minister of Labor, the Minister of Social Affairs and the Minister of Justice are instructed to present the
following bill to the House of Representatives on our behalf:
CHAPTER I
General provisions
Article 1
This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2
For the purposes of this Act, the following definitions shall apply:
1° sex work: the performance of acts of prostitution in execution of a contract of employment as a sex worker;
2° employer: a legal entity approved in accordance with the provisions of this law that employs one or more
sex workers under a sex worker employment contract;
3° sex worker: a person who, for remuneration, undertakes to provide sex work in execution of a sex worker
employment contract;
4° sex worker employment contract: the contract by which a sex worker undertakes to provide sex work for
remuneration under the authority of an employer referred to in 2°;
5° workers' representative organization: cross-industry workers' organizations represented on the Central
Economic Council and the National Labor Council, and professional and cross-industry organizations affiliated
to or forming part of such a cross-industry organization;
6° reference person: a person designated by the employer to be available to sex workers and to ensure that sex
work is organized in a safe manner.
The sex worker employment contract is an employment contract within the meaning of the law of July 3 1978
on employment contracts.
All provisions of labor and social security law apply, subject to the exceptions set out in this law.
CHAPTER 2
Labor law provision
Art. 4
Only adults may enter into a contract of employment as a sex worker. It is forbidden to employ minors or allow
them to work as sex workers.
Art. 5
Sex work may not be performed by a person with a main student status. Sex work may not be performed under
a flexi-job contract, nor as an occasional worker.
Sex work in the form of home-based work is only possible under the following cumulative conditions:
a) the King lays down the conditions to be respected in terms of safety, health, well-being and quality of work
for sex workers;
b) a collective labor agreement made mandatory by the King is concluded in this respect within the competent
joint committee, regulating at least the following points:
- how to organize the control of social laws in the home;
- how to record working time; and
- the employer's contribution to the costs incurred by the employee;
c) the sex worker voluntarily agrees to perform work at home.
The agreement of the sex worker referred to in point c) shall be recorded in writing and may only be concluded
for a renewable period of six months. The agreement must be expressly given in advance of the period in
question.
Employers are prohibited from placing a sex worker hired by them at the disposal of a third party who makes
use of the services of the sex worker and who exercises over the sex worker any part of the authority normally
vested in the employer.
Art. 6
The sex worker's employment contract must be recorded in writing for each sex worker individually, at the
latest when the performance of their contract begins, and must mention the employer's permit number as
provided for in article 15, paragraph 2 of the present law.
A copy of the contract referred to in paragraph 1 must be kept, either on paper or in electronic format, at the
place where the work regulations can be consulted in application of article 15 of the law of April 8, 1965
instituting work regulations.
Art. 7
§ 1. At no time may a sex worker be forced to perform any act of prostitution. Within the framework of the
performance of the sex worker's employment contract, the sex worker has the right, in particular, at any time,
2
to refuse sexual relations with a client or the performance of certain sexual acts, to cease or interrupt sexual
activity or to impose their own conditions on the sexual activity or act. The exercise of this right cannot be
considered as a breach of the employment contract on the part of the sex worker. No negative consequences
may be attached to the exercise of this right for the sex worker.
§ 2 When exercising the rights and freedoms referred to in paragraph 1, the worker has the right to be absent
from work, with normal remuneration being maintained. Normal remuneration for this absence is calculated in
accordance with legislation governing public holidays.
§ 3 Without prejudice to existing procedures under the regulations relating to the welfare of workers during
the performance of their work and the Social Penal Code, if the sex worker has made use of the right to refuse
to have sexual relations with a client or to perform certain sexual acts, more than ten times over a period of six
months, the employer or the sex worker has the possibility of requesting the intervention of the service
designated by the King. This service examines the employer's compliance with the provisions relating to
well-being at work and hears the parties concerned. The sex worker may be assisted by a person of their
choice.
§ 4 When there are concrete indications that their safety or integrity will be compromised by an act of
exposure, the sex worker has the right to refuse to perform this act.
§ 5 The employer may not take any unfavorable measure against a sex worker who exercises the right referred
to in paragraph 1 or 4, except for reasons unrelated to the exercise of this right.
Where the employer adopts an unfavorable measure against the sex worker concerned within six months of
the exercise of the right referred to in paragraph 1 or 4, the onus is on the employer to prove that the
unfavorable measure was adopted for reasons unrelated to the exercise of that right.
The burden of proof for these reasons lies with the employer. At the sex worker's request, the employer will
inform them in writing.
If the reason given for the unfavorable measure does not comply with the provisions of paragraph 1, or if no
reason is given, the employer who took the dismissal must pay the sex worker compensation equal either to a
lump-sum equivalent to six months' gross salary, or to the actual loss suffered.
The compensation referred to in paragraph 4 is excluded from the basis for calculating social security
contributions.
§ 6 The employer may not unilaterally terminate the employment contract against a sex worker who exercises
the right referred to in paragraph 1 or 4, except for reasons unrelated to the exercise of this right.
When the employer acts to unilaterally terminate the employment contract during a period of six months
following the exercise of the right referred to in paragraph 1 or 4, it is up to the employer to prove that the
dismissal was made for reasons unrelated to the exercise of that right.
The burden of proof for these reasons lies with the employer. At the sex worker's request, the employer will
inform them in writing.
If the reason given for firing does not comply with the provisions of paragraph 1, or if no reason is given, the
employer shall pay a lump-sum compensation equal to six months' gross remuneration, without prejudice to
the compensation due to the employee in the event of termination of the employment contract.
For the purposes of this paragraph, any action taken by the employer at the end of the protection period which
tends to unilaterally terminate the employment contract and for which preparatory measures have been taken
during this period is deemed to be dismissal by the employer during the protection period, as referred to in
paragraph 1. Preparatory measures also include taking the decision to fire.
3
The compensation referred to in paragraph 4 is excluded from the basis for calculating social security
contributions.
Art. 8
The sex worker has the right to terminate the sex worker employment contract without notice or
compensation.
The specific nature of sex work is taken into account when applying for unemployment benefits.
In addition, no one can be forced to accept sex work.
Art. 9
In the event of withdrawal of the permit referred to in chapter 4 of this law, the employee is entitled to
compensation in lieu of notice payable by the employer in accordance with the provisions of the law of July 3,
1978 on employment contracts.
CHAPTER 3
Obligation to appoint a person of trust
Art. 10
Employers who employ sex workers must designate one or more persons of trust, regardless of the number of
workers employed, in accordance with the conditions and procedures set out in article 32sexies of the law of
August 4, 1996 on the well-being of workers during the execution of their work.
By derogation to article 32sexies, § 2, subparagraph 3 of the aforementioned law of August 4, 1996, at least
one of these persons of trust is part of the employer's staff, from the moment he employs 20 workers or more.
CHAPTER 4
Prior approval required for employers employing sex workers
Section 1
Principles
Art. 11
Only employers who have obtained prior approval in accordance with the provisions of this chapter are
authorized to employ sex workers.
Art. 12
An approved employer who employs one or more sex workers under a sex worker employment contract, in
accordance with the provisions of the present law and its implementing decrees, does not commit the offense
of procuring within the meaning of Article 433quater/1, paragraph 1, first indent, of the Penal Code.
Art. 13
If an employer approved in accordance with the provisions of this chapter and its implementing decrees no
longer satisfies the conditions necessary for approval, or fails in any way to comply with the provisions of this
law, approval may be suspended or withdrawn by the Ministers responsible for Justice and Labor, acting jointly
for this purpose. In this respect, the King may determine more precise modalities for the manner of
proceeding. Approval may also be suspended or withdrawn by labor courts and tribunals.
4
Section 2
Conditions of approval
Art. 14
In order to be approved as an employer within the meaning of the present law, the following conditions must
be cumulatively met:
1° the employer is incorporated as a legal entity in the form of a limited liability company (excluding
one-person companies), a cooperative society or a non-profit. Under no circumstances may natural persons
obtain such approval;
2° the employer must have a registered office or place of business in Belgium;
3° the administrator(s) must be clearly identified by surname, first name and national register number. The
employer is required to report all changes of administrator(s) to the administration designated by the King;
4° the directors may not have been sentenced as perpetrator, co-perpetrator or accomplice, in Belgium or
abroad, to a principal correctional or criminal penalty, even if suspended, consisting of imprisonment, a fine, a
work penalty, electronic surveillance or autonomous probation, for one of the offenses defined in:
a) Book II, Title VII, Chapter V of the Penal Code, concerning voyeurism, non-consensual dissemination of
sexual images and recordings, indecent assault and rape;
b) Book II, Title VII, Chapter VI of the Penal Code, concerning the corruption of youth and prostitution;
c) Book II, Title VIII, Chapter I of the Penal Code, concerning homicide, intentional bodily harm, torture,
inhuman treatment and degrading treatment;
d) Book II, Title VIII, Chapter I/1 of the Penal Code, concerning offenses against sexual integrity, the right to
sexual self-determination and morality;
e) Book II, Title VIII, Chapters IIIbis, IIIbis/1, IIIter, IIIter/1 and IIIquater of the Penal Code, concerning
exploitation of begging, abuse of prostitution, trafficking in human beings, trafficking in human organs, abuse
of the vulnerability of others by selling, renting or making available goods with a view to making an abnormal
profit;
f) Book II, Title VIII, Chapter IV of the Penal Code, concerning attacks on personal freedom and the inviolability
of the home, committed by private individuals;
g) Book II, Title IX, Chapter I of the Penal Code, concerning theft and extortion, with the exception of articles
461 and 463;
h) Book II, Title IX, Chapter II of the Penal Code, concerning fraud.
In order to verify the condition set out in this point, directors must present the licensing authority with a
criminal record extract less than three months old, in accordance with article 596, paragraph 1, of the Code of
Criminal Procedure.
5° the articles of association of the company or association must expressly state that all the rights and
freedoms of the sex workers it employs will be respected, in particular those provided for by the present law
and in particular the following rights and freedoms:
a) at no time may the sex worker be forced to perform any act of prostitution;
5
b) the sex worker may refuse a person as a sexual partner;
c) the sex worker may refuse sexual acts;
d) the sex worker may stop or interrupt sexual activity at any time;
e) the sex worker may impose their own conditions on the sexual activity or act.
Section 3
Approval procedure
Art. 15
Approval is granted by the Ministers of Justice and Labor, acting jointly for this purpose.
An permit number is assigned to the employer.
The King lays down the practical arrangements for submitting and processing such an application for approval.
Any decision to grant, withdraw or suspend approval is immediately notified to the authorities designated by
the King.
The King may determine the terms and conditions of such notification.
Each year, the administration designated by the King sends a list of approved employers to the joint committee
responsible for sex workers.
Art. 16
In order to reach their decision, the Ministers responsible for Justice and Labor shall first consult at least the
royal prosecutor and the labor auditorate responsible for the location(s) of the unit(s) for which approval is
sought.
Section 4
Conditions for employing sex workers in the approved company
Art. 17
During the approval period, in addition to the approval conditions set out in article 14, the following conditions
must be met:
1° employers may not delegate to subcontractors the exercise of their employer's authority and the obligations
incumbent upon them with respect to persons performing sex work activities;
2° neither directors nor management and supervisory staff may have been sentenced as perpetrator,
co-perpetrator or accomplice, in Belgium or abroad, to a principal correctional or criminal penalty, even if
suspended, consisting of imprisonment, a fine, a work term, electronic surveillance or independent probation,
for one of the offenses referred to in article 14, paragraph 1, 4°;
3° the employer must guarantee the continuous availability of a reference person for the entire duration of the
service;
The means by which the reference person(s) can be reached are indicated in writing and brought to the
attention of the sex worker.
6
4° the employer must comply with labor law, social security law, company law, commercial law, tax law,
collective labor agreements and regulations governing the employment of foreign workers;
5° the employer must ensure that each room in the establishment where sex work is performed is equipped
with an emergency button, and that the sex worker has a mobile emergency button, which connects them
immediately to the reference person, when the sex worker performs work outside the premises of the
establishment;
6° the employer must guarantee access to the premises to socio-medical organizations that operate
independently of the employer and are oriented towards the well-being of workers, as well as to professional
associations of sex workers, including workers' representative organizations.
The King sets additional conditions relating to safety, health, well-being and quality of work for sex workers, in
addition to those listed in paragraph 1. These additional approval conditions must contain at least the following
elements:
- minimum room dimensions and specific hygiene requirements;
- obligations to display information on emergency numbers, contact details for workers' representative and
support organizations, and recommendations on safe sex;
- the maximum number of sex workers in relation to the number of rooms;
- conditions for verifying the identity of sex workers present;
- the reminder that the employer is always responsible for what happens on their premises.
Art. 18
§ 1. For the application of the present law, the categories of persons concerned by the processing of personal
data are:
a) the administrators
b) management and supervisory staff.
§ 2 The special categories of data processed by the present law are:
a) for administrators: surname, first name, national registration number and criminal record extract;
b) for managerial and supervisory staff: surname, first name, national registration number and police record.
§ 3 These data are used to examine the application for approval and compliance with the conditions for
employing sex workers in the approved company.
§ 4 The categories of recipients of this data are the authorities involved in examining the application for
approval and compliance with the conditions for employing sex workers in the approved enterprise.
§ 5 Unless otherwise provided for in specific laws, such data is retained for the duration of the approval and up
to one year after the end of the approval.
CHAPTER 5
Surveillance
Art. 19
Violations of the provisions of the present law and its implementing decrees are investigated, recorded and
punished in accordance with the Social Penal Code.
7
Social inspectors have the powers referred to in articles 23 to 49 of the Social Penal Code when acting on their
own initiative or on request as part of their mission to inform, advise and monitor compliance with the
provisions of the present law and its implementing decrees.
CHAPTER 6
Modification of the Social Penal Code
Art. 20
In article 103 of the Social Penal Code, amended by the law of November 11, 2013, the words "of trainees or
self-employed persons concerned," are replaced by the words "of trainees, self-employed persons, minors or
sex workers concerned,".
Art. 21
Article 122/3 of the same Code, inserted by the law of February 29, 2016 and amended by the law of
November 5, 2023, is supplemented by a paragraph worded as follows:
"Is punishable by a level 3 sanction, the employer, their agent or their representative who, in contravention of
the law of... concerning sex work under contract of employment:
1° does not appoint a reference person;
2° fails to appoint at least one trusted member of the employer's staff if the employer employs 20 or more
workers."
Art. 22
In Book 2, Chapter 1, Section 4 of the same Code, an article 136/2 is inserted to read as follows:
"Art. 136/2. Prohibited employment of minors as sex workers
An employer, their agent or their representative who, in contravention of the law of... concerning sex work
under contract of employment, has employed or caused to be employed a minor as a sex worker.
For the offenses referred to in paragraph 1, the fine is multiplied by the number of minors involved."
Art. 23
Article 177 of the same Code, amended by the laws of February 29, 2016 and June 12, 2020, is supplemented
by the following paragraph 3:
"3. is punishable by a level 4 sanction:
1° any person who, in contravention of the law of... concerning sex work under contract of employment, places
a sex worker whom he has hired at the disposal of a third party who uses the services of this sex worker and
exercises over them any part of the authority belonging to the employer;
2° any user who, in contravention of the law of... concerning sex work under contract of employment, employs
a sex worker placed at their disposal by an employer and who exercises over them any part of the authority
belonging to the employer.
For the offenses referred to in paragraph 1, the fine is multiplied by the number of sex workers involved."
Art. 24
8
In the heading of Section 2 of Chapter 6 of Book 2 of the same Code, the words "and the employment contract
for the performance of temporary work" are replaced by the words ", the employment contract for the
performance of temporary work and the sex worker employment contract".
Art. 25
In Book 2, Chapter 6, Section 2, of the same Code, an article 186/2 is inserted, worded as follows:
"Art. 186/2. The sex worker employment contract
An employer, their agent or their representative who, in contravention of the law of... concerning sex work
under contract of employment:
1° has not drawn up the sex worker employment contract in writing for each sex worker individually, at the
latest at the time when the performance of their contract begins;
2° drew up the sex worker's employment contract incompletely or inaccurately;
3° has not taken the necessary measures to ensure that the sex worker's employment contract is kept available
at all times to the officials and agents responsible for surveillance;
4° has not kept the sex worker's employment contract, either on paper or in electronic format, at the place
where the work regulations can be consulted in application of article 15 of the law of April 8, 1965 instituting
work regulations.
For the offenses referred to in paragraph 1, the fine is multiplied by the number of sex workers involved."
CHAPTER 7
Final provisions
Art. 26
The government will evaluate the provisions of the present law and its implementing decrees two years after
their entry into force.
Art. 27
This law comes into force on the first day of the sixth month following its publication in the Belgian Bulletin.
The King may fix a date of entry into force earlier than that mentioned in paragraph 1 for each of the provisions
of the present law.
Issued in Brussels, on March 21, 2024.
PHILIPPE
By the King:
The Minister of Labor,
Pierre-Yves Dermagne
The Minister of Social Affairs
Frank Vandenbroucke
The Minister of Justice
Paul Van Tigchelt
9
2. EXPLANATORY MEMORANDUM
Ladies and Gentlemen,
GENERAL NOTES
Since June 1, 2022, the sexual penal law was thoroughly reformed in a number of areas through the law of
March 21, 2022 making amendments to the Penal Code relating to sexual penal law. At the same time the law
of February 21, 2022 enshrined the principle that the nullity of an employment contract cannot be invoked
against the employee when the object of their employment contract lies in the prostitution of the employee.
These laws took the first step toward decriminalizing sex work. Nevertheless, to this day it remains punishable
to organize the prostitution of another person. The reformed article of the Penal Code relating to pimping
(Article 433quater/1 of the Penal Code) also provides that organizing the prostitution of another person for the
purpose of obtaining an advantage is prohibited, except in the cases provided for by law. Thus, the reformed
sexual penal law creates the possibility of a full-fledged social law status that establishes the conditions under
which it is possible to legally employ sex workers under an employment contract.
In this light, the present law proposal provides specific provisions for sex workers under employment contracts.
It is important to note that the legislator has chosen not to include these specific provisions directly in the
Employment Contracts Act, but to opt for a stand-alone law. This is justified by the fact that the intention is to
create a fully-fledged legal framework to establish the conditions under which it is possible for an employer to
employ sex workers without being prosecuted for pimping within the meaning of Article 433quater/1,
paragraph 1, first indent of the Penal Code. To this end, this draft law establishes the scope, the specific labor
law rules and the conditions for approval of employers.
As this law proposal relates to the conditions under which an employer can organize the prostitution of others
under an employment contract, self-employed sex workers are not covered by its application. In this regard, it
should be recalled that prostitution one’s own account is not a criminal offense, as emphasized in opinion No.
171 of September 8, 2023 of the Council of Equal Opportunities for Men and Women.
It should also be noted that if a worker is falsely employed as a self-employed person, the rules of this law do
not apply. Indeed, persons who employ sex workers as "fake self-employed" cannot claim the justification
provided by article 433quater/1, paragraph 1, first indent of the Penal Code, since they organize the
prostitution of others outside the framework established by this draft law.
Nevertheless, an employee who is employed as a falsely self-employed person and whose employment
relationship is eventually reclassified as an employment relationship under authority will be able to benefit
from the application of the provisions of the Law of February 21, 2022 on the non-invocability of the nullity of
the employment contract with respect to persons who prostitute themselves. The employee will then be
employed on the basis of an ordinary employment contract and will also be subject to all the provisions of
labor regulations (welfare at work, labor law, law establishing establishment of labor regulations, etc.).
The sex worker employment contract regulated by this law proposal is an employment contract within the
meaning of the Law of July 3, 1978 on employment contracts, which is subject to all regulations applicable to
employment contracts, except for certain aspects specifically regulated by or pursuant to this law. The purpose
of these specific provisions relates to the rights and freedoms in general recognized for sex workers, being the
right to refuse a sexual partner, the right to refuse specific sexual acts, the right to interrupt or cease a sexual
activity at any time, and the right to impose their own conditions on the sexual activity or to the sexual act.
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This proposal seeks to recall the importance, even more so in this sector, of the employee's free consent. It is
solely up to the employee to decide whether or not to consent to a sexual act, regardless of the terms or
agreements previously agreed upon with the client or the employer. This draft does not provide for any
deviation from this principle.
The bill establishes as a general principle that only employers who have obtained prior approval in accordance
with the provisions of this law may employ sex workers.
The draft law establishes the conditions that an employer must meet in order to be approved. The legislative
text also provides that additional conditions for approval will be established by royal decree.
In order to prevent the abuse or exploitation of sex workers, a host of stringent conditions of approval are
formulated to ensure the execution of sex work in a safe environment. For example, an approved employer
must ensure the permanent availability of a reference person throughout the entire performance time and
must ensure that each room of the establishment where sex work is performed is equipped with an alarm
button. In addition, specific measures must be complied with regarding the safety, health, welfare and quality
of work for sex workers. It will also be required that each approved employer in Belgium has a registered office
or a place of business in Belgium. This relates to the fact that pimping remains punishable when the conditions
of this law are not complied with.
Furthermore, in the interest of the sex worker and in order to ensure compliance with the above-mentioned
rights and freedoms, a number of labor law provisions specific to sex work performed under an employment
contract are also included. For example, a right is created on the part of the employee to refuse sexual
relations with a client or the performance of certain sexual acts at any time, to stop the sexual activity, or to
impose their own conditions on the sexual activity or the sexual act, without this automatically being
considered a breach of the execution of the labor contract. Self-imposed conditions on the sexual activity or
sexual act means that the sex worker can indicate to a client what acts they are willing to perform and under
what conditions (for example, the use of a stop word whereby the activity is immediately stopped). Thus, it is
not a question of sexual acts laid down in some "regulation," but of what the worker themself is or is not
willing to carry out. In addition, a sex worker also has the right to terminate their employment contract without
notice nor compensation, and without it being considered as leaving suitable employment without valid reason
for the purpose of applying for unemployment benefits.
This draft law also provides a mandatory nomination of at least one trusted person in accordance with the
conditions and procedures referred to in article 32sexies of the Welfare Act, and supplements the Social Penal
Code with a provision making this obligation is criminally enforceable.
The entry into force of this draft law is scheduled for the first day of the sixth month following that in which the
legal text is published in the Belgian Bulletin, but the King is authorized to fix an earlier date of entry into force
for each provision.
This draft law uses the term "sex worker" in a gender-neutral way. There is no doubt that it is intended to apply
to all sex workers, regardless of their sex or gender identity.
Although there are no reliable gender statistics up to date, it is widely believed that there is a large
preponderance of women among prostitutes. Therefore, in keeping with the principles of gender
mainstreaming, this draft law was submitted to the Council of Equal Opportunity for Men and Women.
ARTICLE COMMENTS
CHAPTER 1
General provisions
Article 1
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