The Supreme Court establishes that hostess clubs must register their employees even if they practice prostitution on their own

The Supreme Court (TS) has established that the fact that a woman works in a hostess club and, in addition, "eventually" engages in prostitution on her own account "

's obligations to register them with Social Security for the lawful activity actually carried out".

The magistrates of the Criminal Chamber have stressed that prostitution "is contrary to human dignity" and that it cannot be considered the object of an employment contract.

But they have stressed, however, that

"provided that the alienation of the benefit and the dependence of said activity within a business organization is proven."

For the Supreme Court, the fundamental reason is that "hosting activity generates economic returns, consistent with the prior organization of capital and work, which must be subject to tax and labor conditions that protect workers."

In 18 pages, the court has studied the case of a hostess club in

in which Civil Guard agents and members of the Labor Inspectorate carried out a documentation control in 2016. 18 workers were identified in said premises.

The manager, a manager,

were not discharged".

In a sentence, to which Europa Press has had access, it is stated that "these women performed 'hostess' work,

to encourage the consumption of drinks and receiving a remuneration consisting of a commission for each drink depending on the price".

The payment -previously agreed- was made by the company, not by the clients.

The women had a schedule that coincided with the opening and closing of the premises: from five in the afternoon to five in the morning.

"Some had rooms to spend the night in the establishment for which they did not pay anything if they did not use them to perform any service. All the women wore clothes of similar characteristics, striking and provocative," the resolution states.

SIX MONTHS IN PRISON AND FINE

The Provincial Court of Cantabria

as perpetrators criminally responsible for a crime against the rights of workers to a sentence of

for not registering the 14 women who they worked alternately.

In addition, they were ordered to pay 408.97 euros to Social Security.

The administrator and the manager, dissatisfied with the resolution, took their case to the Superior Court of Justice of Cantabria, where their appeal was dismissed and, ultimately, they went to the Supreme Court.

Both defenses argued that it was not possible to register women who worked as hostess with Social Security "and this because

, being hostility a specific mechanism for attracting clients that is inserted in the first".

In the resolution, for which magistrate Javier Hernández García has been a rapporteur, the Supreme Court has recalled that the court of instance established as proven facts that "prostitution activities were carried out in the 10 existing rooms in the establishment and in the bar area a hostess activity with intense labor features --predetermined time frame, forecast of the remuneration system by number and type of consumption served and clothing standards set by the managers of the establishment--".

In the original sentence, the existence of criminally relevant locative pimping was already ruled out because "the prostitution activity was carried out on their own behalf by the women who decided to do so."

It was also ruled out that there was a connection between the activity of prostitution for one's own account and that of a hostess for another's account.

Thus, the Supreme Court has declared that there are no grounds for the appeals of the sole administrator and the manager and has confirmed the sentence of 6 months in prison that was imposed on them in Cantabria.

According to the criteria of The Trust Project

Know more

• Social Security

• supreme court

• Cantabria

• Civil Guard

• Ministry of Defence

• Prostitution

• Justice