Social protection and rights
Social rights, coverage, access conditions and key points of attention within the legal framework governing sex work in Belgium.
1. Principles
Social protection primarily depends on the individual’s legal status (employee or self-employed) and on whether the activity is carried out under the conditions provided for by law. The objective of the current framework is to ensure effective access to social rights where contracts, declarations and contributions are in place.
What social protection covers
- Healthcare and income replacement in the event of incapacity (depending on status and conditions).
- Pension entitlements built up through declared and contribution-based periods of work.
- Access to unemployment benefits when the activity is carried out under declared employment (general conditions apply).
Points of attention
- Without declarations (or without contributions), access to rights is weakened.
- Evidence (contracts, payslips, affiliation, contributions) is often decisive.
- In case of doubt regarding the respect of rights, social inspection services may be contacted.
2. Employee status: rights and obligations
Under employee status, the activity is carried out on the basis of an employment contract and falls under ordinary labour law and the employee social security system. The framework specific to sex work also provides for enhanced protections.
2.1 Contract and declaration
- The employment contract must be written, individual and signed prior to the start of the activity.
- It must include the employer’s authorisation number.
- A copy of the contract must be kept at the workplace (paper or electronic format).
- The employer must declare the employment and pay social contributions (ensuring effective access to rights).
2.2 Fundamental rights in the performance of work
Refusal and conditions
- You may never be forced to perform a sexual act or to accept a client.
- You may refuse an act, interrupt a service or set your own conditions.
- Refusal of an act or a client may not be treated as misconduct or grounds for sanction.
Protection against retaliation
- The employer may not sanction or dismiss you for exercising these rights.
- In the event of a dispute, the employer must demonstrate that the measure is unrelated to your refusal.
- If dismissal or sanction is abusively linked to these rights, compensation equivalent to six months’ salary is provided for.
2.3 Social rights and termination of the contract
- Full social protection (healthcare, pension, unemployment, etc.) under the employee scheme, subject to general conditions.
- Exceptional right to leave the employment at any time, without notice and without compensation owed.
- In the event of withdrawal of the employer’s authorisation, specific protective rules apply (including those relating to notice).
3. Self-employed: specific features
As a self-employed worker, you operate on your own account. Social protection depends on affiliation and on contributions paid, as well as on your individual situation.
- Affiliation with a social insurance fund (self-employed scheme).
- Payment of social contributions (provisional contributions and adjustments).
- Management of income evidence and administrative obligations linked to the status.
- Access to rights under the self-employed scheme (notably healthcare and pension), subject to conditions.
4. Health insurance and healthcare
Access to healthcare and reimbursement depends on affiliation with a health insurance fund and compliance with general conditions (status, contributions, lawful residence, etc.).
- Affiliation with a health insurance fund.
- Reimbursement of healthcare costs under ordinary rules.
- Income replacement benefits in the event of incapacity, subject to conditions and status.
5. Unemployment
Entitlement to unemployment benefits is mainly based on declared periods of salaried employment and on the general eligibility conditions (career record, availability, job search requirements, etc.).
- Entitlements opened on the basis of declared periods of salaried employment.
- Verification of the general conditions applicable to unemployment benefits (depending on the situation).
- Under self-employed status, there is no access to “standard” unemployment benefits (separate specific schemes apply).
6. Pension
Pension rights are linked to career history and contributions (employee and/or self-employed), as in other sectors.
- Accumulation of rights through declared and contribution-based periods of work.
- Account taken of mixed career paths (employee/self-employed) under the applicable rules.
7. Evidence and traceability
The opening and effective exercise of social rights often rely on objective evidence: declarations, social documents, proof of contributions and income.
As an employee
- Written employment contract, payslips and salary-related documents.
- Social declarations (e.g. proof of declared employment) and contributions paid by the employer.
- Documents useful in the event of inspection, dispute or application for benefits.
As a self-employed worker
- Affiliation with a social insurance fund and proof of contributions.
- Evidence of income (accounts, invoicing) according to applicable obligations.
- Documents required in the context of benefit claims or inspections.
8. Scope of the information
This page provides a general overview. The precise conditions for accessing and exercising rights vary depending on status, career history, personal circumstances and the applicable rules. In case of difficulty, advice may be sought from competent bodies or support organisations.