Questão jurídica principal
Whether the salon manager 'employed' unauthorized foreign prostitutes within Art. 23(4) ANAG
Decisão extraída
Yes. A broad functional meaning applies; a person who decides whether foreign women may work as prostitutes in his salon and enables that work is 'employing' them, even without a classic employment contract or instructions on work details.
Fundamentação extraída
Art. 23(4) ANAG targets the act of allowing foreigners to pursue gainful activity; the legal nature of the relationship is irrelevant. The appellant's managerial role and selection power created a sufficient employment relationship.