Employers, operators and establishments

Conditions for lawful operation, concrete obligations and the scope of prohibitions, within the Belgian legal framework governing sex work.

1. Scope 2. Prior authorisation 3. Conditions for lawful operation 4. Obligations 5. Prohibitions 6. Oversight and liability 7. Documentation

1. Scope

This page applies to structures that employ sex workers and, more broadly, to those that organise a framework for the activity (premises, operating rules, supervision). The legal issue is to identify who effectively organises the activity and who bears the obligations.

Employer

Employs persons under an employment contract. Must comply with labour law, social obligations and sector-specific requirements (safety, organisation, prevention).

Operator / manager

Organises a place or an operating arrangement: internal rules, access, safety, supervision and sometimes intermediation. Legal qualification depends on the facts.

Establishment

Premises where the activity is carried out or organised. Obligations often relate to safety, wellbeing at work and public order, depending on the applicable rules.

Key point: legal qualification depends on the actual organisation (who sets conditions, who supervises, who controls, who establishes the rules, who derives profit, who can impose sanctions, who creates dependency). In case of doubt, authorities rely on the facts, not on labels.

2. Mandatory prior authorisation

Before employing sex workers under an employment contract, the employer must hold a prior authorisation. Without authorisation, employment is unlawful and may expose the employer to criminal and administrative risks.

Principle: authorisation must be obtained before any employment (no “retroactive regularisation”).
Rationale: authorisation aims to regulate the organisation in order to reduce abuse and ensure a safe working environment.
Oversight: the granting and maintenance of authorisation require that organisational and safety requirements are effectively implemented (not merely theoretical).

Common mistake: operating “like an employer” (imposed schedules, strict rules, control, dependency) while presenting the activity as mere “provision of premises”. In practice, such arrangements may be reclassified.

3. Conditions for lawful operation

Lawful operation is based on authorisation, declared employment, compliance with labour law and appropriate safety and wellbeing measures. The objective is not to “monitor” the activity, but to ensure a protective and compliant framework.

3.1 Conditions relating to persons

Employ only persons who are adults and authorised to work in Belgium.
Respect consent: no coercion, no pressure, no imposed dependency.
Respect the right to refuse (client, act, conditions) and the right to interrupt a service.
Provide clear information on internal rules, reporting channels and emergency measures, in understandable terms.

3.2 Conditions relating to premises and organisation

Transparent organisation: rules, procedures, instructions, access to assistance and intervention arrangements in case of an incident.
Compliant framework: declared employment, social obligations, risk prevention, hygiene and safety.
Operational safety measures: alerts, immediate response, designated contact person (detailed below).

4. Main obligations

Obligations must be understood in very concrete terms: declare, protect, prevent, and be able to demonstrate what is in place. In this sector, “paper compliance” is insufficient if the arrangements do not function in practice.

4.1 Labour law and social obligations

Compliant employment contracts, declared remuneration, respect for working time and social documents (pay slips, certificates, etc.).
Declarations and contributions: social security obligations, insurance and related requirements.
Prevent “false statuses”: avoid arrangements that circumvent social protection or impose undeclared dependency.

4.2 Wellbeing, safety and concrete measures

Designated contact person on site / available throughout the provision of services, with the ability to intervene immediately in case of a problem.
Emergency button in each room where sex work is carried out.
Where services take place outside the establishment: a mobile emergency button directly connecting to the designated contact person.
Incident procedure: who to alert, how to interrupt, how to secure the person and the premises, and what follow-up to provide.
Prevention: risk assessment, clear instructions, measures against isolation and minimal traceability of incidents.

4.3 Access to support actors

Allow access, within the applicable framework, to social and medical organisations and relevant professional organisations, in order to ensure information and support.

Practical reading: “safety” means an alert that works, an immediate response, and an organisation that protects without controlling or coercing.

5. Prohibitions and criminal scope

Decriminalisation does not cover exploitation, coercion, trafficking or the involvement of minors. These acts remain criminal offences. For organisations, the main risk is crossing the line between “organising a safe framework” and “organising dependency or coercion”.

Minors: absolute prohibition (involvement, organisation, tolerance, etc.).
Coercion: prohibition (threats, debts, control, pressure, confiscation of documents, etc.).
Trafficking and exploitation: prohibition.
Interference with autonomy: imposed conditions that prevent refusal, cessation or free choice.
Abusive profit: practices that are manifestly disproportionate or linked to dependency or coercion.

Example of a risk zone: imposing rules that make refusal “impossible” in practice (sanctions, debts, threats, control, economic pressure, confiscation, isolation). Authorities assess the actual effect on the person’s freedom.

6. Oversight and liability

Inspections may concern authorisation, labour law, social security, wellbeing at work and criminal offences. In practice, an inspection may start on one aspect (e.g. declaration) and expand if indicators of abuse appear.

Labour inspection

Contracts, declarations, working time, working conditions, wellbeing.

Police and prosecution

Exploitation, trafficking, coercion, minors, violence, procuring and related offences.

Local authorities

Public-order rules and local requirements (within municipal competences).

Liability may arise not only from acts, but also from organisation: absence of measures, lack of prevention, tolerance of abuse, failure to react or purely “cosmetic” arrangements.

7. Documentation and traceability

You must be able to demonstrate compliance: authorisation, contracts, social obligations, safety organisation and incident management. The objective is twofold: prove that measures exist and show that they are applied.

Authorisation: decision, file, supporting documents, updates.
Contracts and social documents (pay slips, declarations, relevant certificates).
Internal procedures: onboarding, respect rules, reporting and incident management.
Safety: proof of installation and maintenance of emergency buttons, designation of the contact person, instructions and intervention arrangements.
Minimal incident log: facts, measures taken and follow-up (without infringing privacy).

Good practice: document the “minimum necessary”. Avoid excessive collection of personal data; record only what is needed for prevention, safety and follow-up, in a proportionate manner.