Belgium Makes History: New Law Grants Sex Workers Unemployment Benefits, Leave, and Pensions

Belgium has made global headlines by becoming the first country to grant sex workers labour rights comparable to other professions. The new Labour Law for Sex Workers, effective December 2024, aims to improve working conditions and provide protections including unemployment benefits, sick leave, pensions, and maternity pay.

What the New Law Offers

While sex work has been decriminalised in Belgium since 2022, the Labour Law for Sex Workers goes further by recognising workers as independent contractors. This includes legal employment contracts and the right to refuse clients or services without fear of losing their jobs. Protections extend to discrimination in housing and banking, ensuring sex workers can operate with greater security.

Local governments will regulate where and how sex work can take place, often designating specific zones such as red-light districts. Clients must adhere to rules set by workers, and any acts of violence or coercion will result in prosecution. However, the law does not cover home-based work, stripteases, or pornography.

Combating Exploitation and Trafficking

The legislation introduces strict regulations for those managing sex workers. Managers, colloquially referred to as pimps, must ensure their facilities meet safety standards such as providing panic buttons, clean linens, showers, and condoms. Individuals with serious criminal convictions are prohibited from employing sex workers. Violations of these regulations or unregulated third-party involvement will result in legal action.

According to Kris Reekmans, who operates a licensed massage parlour, the law will help distinguish ethical employers from exploitative ones. While some businesses may shut down due to stricter oversight, Reekmans believes the changes will create a safer environment for workers.

Testimony Of A Past Sex Worker Turned Activist

Victoria, the president of the Belgian Union of Sex Workers (UTSOPI), shared her perspective as a former sex worker. Reflecting on her 12-year career, she described her work as a form of social service, helping clients form emotional connections. However, she recalled working in unsafe conditions before legalisation, with agencies taking a significant share of her earnings and limited recourse in cases of violence.

Victoria explained that the new law provides much-needed safeguards: "If there is no law and your job is illegal, there are no protocols to help you. This law gives people the tools to make us safer."

The COVID-19 pandemic highlighted the precarious status of sex workers in Belgium. Unlike other professions, they were excluded from government aid, prompting widespread protests. While decriminalisation in 2022 was a milestone, activists continued to demand additional protections, culminating in this landmark legislation.

Backlash and Concerns

Despite its progressive intentions, the law has faced criticism from feminist groups and advocacy organisations. The Council of Francophone Women of Belgium argued that legitimising sex work perpetuates systemic exploitation. They warned of "catastrophic" implications, particularly for young women and victims of trafficking.

Isala, a charity supporting sex workers, emphasised that many individuals in the industry aim to transition into traditional employment rather than gain labour rights. According to Julia Crumiere, the legislation risks normalising an inherently exploitative profession without addressing its root causes.

Critics also highlighted potential loopholes. For example, government mediation is available for disputes, including cases where workers refuse certain acts repeatedly. Activists worry this could inadvertently prioritise the interests of managers over workers.

What Lies Ahead?

While Belgium's approach to sex work sets a precedent, challenges remain. Undocumented migrants working in the industry are particularly vulnerable, as their immigration status excludes them from protections. Social stigma and difficulties distinguishing consensual sex work from trafficking also hinder progress.

Despite these hurdles, Belgium's Labour Law for Sex Workers represents a significant step towards legitimising and protecting one of society's most stigmatised professions. As other nations observe this historic legislation, the global conversation on sex work rights is poised to evolve.