A court ruling regarding foreigners working in the sex industry could have serious consequences for the organization of seasonal work throughout the European Union.
As Russkaya Germaniya writes, for the first time a court ruling regarding foreigners working in the sex industry could have serious consequences for the organization of seasonal work throughout the European Union. The European Court of Justice, sitting in Luxembourg, has put an end to the dispute between the owner of one of Amsterdam's brothels and the city authorities, tightening the employment procedure in the red-light district. The verdict: the employer and employee, despite even the exclusively 'physical' nature of the work, must share a common language for communication. Now this principle, as expected, may become mandatory for all workplaces with high staff turnover.
As previously reported (see article Language of Red Lights), the plaintiff in this unsavory case was a certain J. Harmsen, whose full name has not been disclosed. Several years ago, the Amsterdam city administration refused to confirm his status as an operator of one of the city's brothels because he intended to hire girls from Hungary and Bulgaria. As inspectors found out, many of the candidates spoke only their native language, while Harmsen did not know Hungarian or Bulgarian. The businessman promised that if necessary, he would hire an interpreter or communicate with the employees using computer programs, but this mode of communication seemed insufficient to the Amsterdam authorities.
Harmsen sued the city authorities, calling their decision 'disproportionate,' 'discriminatory,' and also violating the fundamental provisions of the single European services market, in which any EU resident can provide services in other European countries. However, the court fully agreed with the municipality, ruling that the business operator, despite his modest role in the provision of services, must have the ability to communicate directly with staff. 'This does not mean that the measure requires a high level of language proficiency,' the court decision notes. 'The main thing is that both sides can understand each other.'
The operation of brothels is currently legal in only four EU countries – Austria, Germany, Greece, and the Netherlands. However, similar requirements may be imposed on a whole range of industries and establishments that employ seasonal workers, i.e., temporary workers present in that territory who do not speak the local language. This primarily applies to agricultural farms and transport companies, where foreigners often work.
However, everything will depend on the local authorities that oversee businesses. If they have the will, a judicial precedent already exists. According to analysts, the court made such a decision in light of the massive influx of migrants, who will thus be better protected from slave labor.