The New Sex Work Law in Belgium: What You Need to Know

The New Sex Work Law in Belgium: What You Need to Know

Since May 2024, a new law regulates sex work under employment contracts in Belgium. Its aim is to protect sex workers, guarantee their rights, and set clear obligations for employers (agencies, brothels, window operators, etc.). Here’s what you need to know if you are involved in sex work.

Who Can Work Under a Sex Work Employment Contract?

• Only adults (18 years or older) may sign a sex work employment contract.
• It is strictly forbidden for minors to work in the sex industry.
• Students are not permitted to work in sex work under this status.
• Sex work cannot be performed under a flexi-job contract or as a casual worker.

The Sex Work Employment Contract: How Does It Work?

• The contract must be written, individual, and signed before starting work.
• It must state the employer’s official accreditation number.
• A copy of the contract must be kept at the workplace (in paper or electronic form).
• The contract grants you all standard employment rights: social security, paid leave, protection against unfair dismissal, and more.

Your Fundamental Rights as a Sex Worker

• You can never be forced to perform a sexual act or accept a client.
• You may refuse any act, stop or interrupt a service, or set your own conditions at any time.
• Refusing an act or a client cannot be considered misconduct or grounds for disciplinary action.
• You may be absent from work to exercise this right and still receive your salary (as on a public holiday).
• If you refuse more than 10 times in 6 months, a special service may intervene to ensure your well-being.
• If your safety or integrity is at risk, you may refuse the act without any negative consequences.
• Your employer cannot dismiss or sanction you for exercising these rights. If they do, they must prove it is unrelated to your refusal. Otherwise, they must pay you compensation equal to 6 months’ salary.
• You may leave your job at any time, without notice or penalty.

Working Conditions and Safety

• Your employer must be a company (not an individual) and hold official accreditation from the State.
• They must ensure safety and well-being at the workplace: a designated contact person available at all times, fixed and mobile emergency buttons, and access to support organizations.
• Premises must meet hygiene and safety standards and display useful information (emergency numbers, association contacts, prevention advice, etc.).
• Home-based sex work is possible, but only if:
  • Strict health and safety rules are followed.
  • A written agreement, renewable every 6 months, is voluntarily signed by the worker.
  • A collective agreement sets out the terms (monitoring, costs, working hours, etc.).
• The employer cannot send you to work for a third party who would have authority over you (no temporary agency assignments).

Employer Obligations and Controls

• The employer must obtain official accreditation to hire sex workers.
• They must comply with all labor and social security laws and guarantee your specific rights.
• They must appoint at least one trusted person you can contact in case of problems.
• Managers and supervisors must not have convictions for serious offenses (violence, sexual offenses, trafficking, etc.).
• If the employer’s accreditation is withdrawn, you are entitled to notice compensation.

Sanctions for Non-Compliance

• Employing a minor, failing to provide a written contract, or not ensuring safety can result in heavy fines for the employer.
• You are protected against any form of sanction or unfair dismissal related to exercising your rights.

In Summary

The law aims to make sex work safer, better regulated, and to guarantee your rights as any other employee. If you have questions or concerns, do not hesitate to contact a sex workers’ rights association or the trusted person designated by your employer.