In world first Belgian sex workers get same employment status as other workers

In May, the lower house of parliament approved Belgium’s first labour law for sex workers. The bill was passed with a large majority.  It means that sex workers will in future have a comprehensive employment status like other workers. They can exercise their profession on the basis of an official employment contract and work as salaried employees.

Sex workers who sign an employment contract with a recognised employer will have access to social security, be able to take maternity leave, be entitled to sick days and build up pension rights. They are also protected against dismissal. In essence, their job is considered like any other job.

First country with comprehensive employment status for sex workers

The law aims to ensure that Belgian sex workers can do their job in safe conditions. Belgium is the first country in the world to give sex workers full worker status.

‘This is a radical step, the best we have seen anywhere in the world so far,’ Erin Kilbride, a researcher at human rights organisation Human Rights Watch, told British broadcaster BBC. ‘Every country needs to take steps in that direction.’

According to Kilbride, the new law will ‘significantly curtail the power employers have over sex workers’ as the government imposes strict rules on employers.

Strict conditions for employers

Anyone wishing to employ sex workers must first obtain accreditation. To do so, they must meet strict conditions. For example, applicants may not have a conviction for a serious criminal offence like manslaughter, human trafficking, theft or fraud. People who fail to get recognition and still employ sex workers can be prosecuted for pimping.

Employers must also guarantee a safe working environment. The room provided for sex work must have an alarm button. If the sex worker works on the move, he or she must have a mobile alarm button.

Sex workers also get the right to refuse a sexual partner or specific sexual acts or to stop sexual acts.

Interest group Utsopi: ‘culmination of years of work’

The labour law for sex workers is the result of the work of many years, says Daan Bauwens, director of Utsopi, the Belgian Union of Sex Workers. ‘It started during the first lockdown in the pandemic,’ says Bauwens. ‘All sectors had to be locked down and all sectors were entitled to relief from the government. Except the sex work sector.’

‘It really became apparent then that there had to be statutes for sex workers if that sector was to exist. Nobody is in favour of it disappearing under the radar. If the sector exists and is recognised, then sex workers should also be recognised and have access to an employment contract and to social security.’

Many brothel operators already work using employment contracts, but these were currently not adapted to the reality of sex work, Bauwens says. ‘We definitely want to preserve the bona fide part of the sector. The job status has been drafted to ensure operators are bona fide and that makes us very happy.’

‘Not a miracle solution’

In June 2022, sex work was removed from the criminal law. Since then, sex workers in Belgium have been able to work legally as self-employed workers. Now a fully-fledged status as an employee is being added. It is difficult to predict how many sex workers will opt for the new employee status, says Bauwens.

‘Choosing sex work is often a difficult choice, based on economic conditions. Many choose the work because they do not have access to the formal labour market and have to make a choice in favour of the informal economy.’

There are people who practice sex work neither as self-employed nor as an employee. ‘We are going to have to inform people and raise awareness of the new provisions to show what the benefits of the statutes are,’ Bauwens says.

He acknowledges that the new statute is not a solution for everyone. ‘For undocumented people, this will not be a miracle solution. This means existing help on offer for these people must remain.’

‘We are also going to have to inform and increase awareness among the police, the prosecutor's office, the labour inspectorate, because this is all completely new.’

‘Four years of hard work’

To sign an employment contract as a sex worker, you must be 18 or more. Sex work cannot be carried out by students.  It cannot be done using the flexi job status or as casual work.

Employee status provides sex workers with specific protections and rights, some of which do not apply in other sectors. ‘A sex worker does not have to give advance notice if he or she resigns. This really addresses the vulnerabilities and risks that exist in sex work’ Bauwens explains.

The labour law establishes minimum standards to ensure sex work is not exploitation. The law also makes it clear that exploitation must be prosecuted. ‘Four years ago, we could never have dreamed that we would be here,’ says Bauwens. ‘This is the culmination of four years of hard work.’