Reframing the EU concept of worker: Can sex-workers be workers? (2015)
PublisherUniversity of Canterbury. Department of Accounting and Information Systems
When applying European Union (EU) law, the concept of worker is an EU concept that can only be defined by the Court of Justice to assess EU rights (Case 53/81 Levin; Case 66/85 Lawrie-Blum; Case 196/87 Steyman). The Court of Justice has established in 1982 that sex-workers can be workers (Case 115 and 116/81 Adoui and Cournaille) for the purpose of free movement. Thus, where sex-work is decriminalised or regulated, sex-work can be considered to be a normal economic activity. However, in some circumstances sex-work cannot be considered “normal” work. For instance conditions for receiving welfare benefits might include applying for available jobs but could job-seekers be required to apply for an available sex-work position? Are there situations where standard employment law should not/cannot apply to sex-work (or indeed should but does not)? Are there circumstances where existing employment law needs to be adapted to serve the specific circumstances of sex-workers? For instance, some health and safety regulations might need to be adapted to reflect the health needs of these workers or the risk for violence. This paper investigates employment law in various jurisdictions including the Netherlands, Sweden and New Zealand, to map out standards and conditions of employment that can be transferred from “normal” work to sex-work and areas where sex-workers need different terms and conditions of employment or special protective measures.
CitationMasselot, A. (2015) Reframing the EU concept of worker: Can sex-workers be workers?. Paris, France: 22nd International Conference of Europeanists, 8-10 Jul 2015.
This citation is automatically generated and may be unreliable. Use as a guide only.
ANZSRC Fields of Research48 - Law and legal studies::4801 - Commercial law::480104 - Labour law
15 - Commerce, Management, Tourism and Services::1503 - Business and Management::150305 - Human Resources Management
Showing items related by title, author, creator and subject.
Exploring the EU concept of worker: Are sex-workers in decriminalised or regulated legal environment just normal workers? Masselot, A. (University of Canterbury. Department of Accounting and Information Systems, 2015)
Flexible and Part-time Work Arrangements in the Canterbury Legal Profession : A Report prepared by the University of Canterbury Socio-Legal Research Group for the Canterbury Women’s Legal Association Cheer U; Taylor L; Masselot A; Baird N; Powell RL (University of Canterbury, 2017)In 2015 a research team in the School of Law at the University of Canterbury developed a project with the Canterbury Women’s Legal Association to gather information about flexible and part-time work practices in the ...
Masselot AM (2018)