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1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes
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1. Work Permit
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| Most migrant sex workers cannot simply start working in France; they need permits. Here is a brief reminder of the permits required. For more details, see Migration. |
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Who needs a work permit?
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| EU nationals generally do not need a work permit or residence permit. |
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Please note:
For citizens of the “new” EU countries who acceded the EU in May 2004 (excluding Cyprus and Malta) the right to enter France for work purposes is restricted during a transition phase for employees. Therefore, up to May 2006 citizens of those countries who want to take up a dependent salaried employment can obtain a residence permit and work permit only under the same restricted conditions as citizens of non-EU countries. After May 2006 the transition phase may be extended for another three years. |
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| The right to work self-employed for citizens of the “new” EU countries is not restricted. |
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| Non-EU migrants who want to work as a dancer, waitress or barmaid need a work permit (“carte de séjour avec autorisation de travail”) and a residence permit (“carte de résidence”). If they want to work as prostitutes, no work permit is required, but they need asylum (“asile territoriale”). In practice, all these permits are difficult to obtain. |
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Please note:
Working without these permits is illegal. Also, in France marriage with a national will not help to a woman to work legally as a prostitute if she does not have the right of residence. Pimping is always regarded as a crime and the woman’s husband would be subject to criminal proceedings/punishment even if he is not involved in his wife’s work. |
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Consequences of working without a permit
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Staying and working in France without the adequate permits is illegal and may have the following consequences:
- the woman can be expelled or deported.
- the woman might encounter difficulties when applying for any kind of new visa/permit.
- the woman can be banned from re-entering the country.
- the woman can be fined.
These consequences are enforced in practice. |
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2. Working as a Sex Worker
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Is sex work legal in France?
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| Sex work, i.e. working as a prostitute, as a dancer etc. is not in itself illegal. However, restrictions in France are harsh, so that the reality differs greatly from what this might suggest. |
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Health and Registration
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| Prostitutes have to register for tax purposes only. However, the relevant authorities do not like woman to state their profession as “prostitute”; it is customary that they will be asked to state their profession as “artist” or something similar (e.g., waitress, barmaid).
Although there is no legal authorisation, many police stations are in the habit of registering prostitutes informally, sometimes even with a photograph. Normally, though, this has no consequences.
In France, prostitutes do not have to undergo regular compulsory health checks. Even is there is a suspicion that a woman might have caught a contagious disease, she cannot be forced to be checked. See also health services provided. |
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Working as a sex worker can be penalised as a crime, if:
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- the woman works without the adquate permits;
- a woman works in an apartment not on her own, but with a colleague or colleagues;
- a woman solicits clients;
- a woman does not pay taxes.
As a consequence of committing a crime, the woman might even go to jail (see Prosecution). |
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3. Payment
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If the client does not pay
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An example:
A woman who works in the streets does not take the money in advance. Afterwards, the client refuses to pay. What possibilities does the woman have to obtain her money?
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| The agreement between the prostitute and the client is a legally binding contract. That means that the woman has the right to receive payment from the client and that the woman has the right to claim her money in court. She is not entitled to damages, however.
Claiming the money by official means does not involve the risk of the woman’s possibly illegal status (in respect to alien law) becoming known if she employs a lawyer. The lawyer does not have to give any personal information whatsoever about the plaintiff, not even her name. If a lawyer is not involved and the woman does not have the necessary permits, she risks expulsion or deportation!
Apart from the woman being able to claim her money, the client is penalised for not paying because of fraud (“fraude”). In practice, though, it will be difficult for the woman to get her money, because she might have difficulties proving the arrangement and that she fulfilled her part of the contract. |
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If the woman does not work
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If the woman takes the money in advance but does not offer her services after all, she cannot be forced to work; neither the client nor police nor any other person can make her do so. The client, however, is entitled to have his money back. If it can be established that she never intended to work, she can be punished for fraud (see Prosecution).
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If the person the woman works for does not give her enough money
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An example:
A woman works in a brothel/sex club etc. where the client gives the money to a third person. Before this third person gives any money to the woman, he deducts a percentage for himself or deducts the rent of the room, money for food etc. What happens if he does not pay the woman the amount they had previously agreed upon or nothing at all?
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| Although pimping is penalised as a crime under any circumstances and brothels are forbidden in France, see below, in reality, there might still be cases of women working for someone who provides the clients. In these cases, the agreement between the woman and the person she is working for is a valid contract and the woman can claim her money by official means (court proceedings).
In practice, a woman’s possibly illegal status might become known if she claims her money officially, with the consequence of probable deportation. Therefore, she should claim it through a lawyer who does not need to give any personal information about the woman, not even her name.
But even although the agreement is valid, it is not enforceable as far as the woman’s part is concerned; she cannot be forced to offer her services if she does not want to. On the other hand, she will lose her right to payment. The client would be entitled to his money back. |
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4. Workplace
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A. In the Streets
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| In France, there are hardly any restrictions as to where or at what time a prostitute works in the streets. It is forbidden, though, to work near schools, churches or similarly “sensitive” places. |
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Please note:
Soliciting a client is strictly forbidden and penalised as a crime
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B. In a Brothel / Club / Window Prostitution
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| Working in brothels or clubs or window prostitution is forbidden in France. The owners of these establishments can go to jail. Since prostitution is not in itself a crime, the women are not subject to penal proceedings. The consequences for them are more of a practical kind: the establishments will be closed down immediately, so that they no longer have a place to work. If non-EU-migrants without the adquante work or residence permits are caught in – for example – a police raid in a brothel, their illegal status will become known and they will in all probability be expelled or deported! |
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C. In an Apartment
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| Working is not only legal in the streets, but also in an apartment. In practice, though, this means that the woman has to buy the apartment if she wants to work there. If she only rents it, the landlord might go to jail for pimping.
However, the woman may only work alone in the apartment. It is illegal if she does so with another prostitute. The reason for this is that it is suspected that one prostitute is functioning as a pimp for the other(s).
In contrast to the strict handling of the practice of prostitution, there are no restrictions concerning advertising prostitution. Advertisments in newspapers, numbers in telephone boxes etc. are legal. |
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Please note:
It is not permitted to solicit clients. |
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D. As a Waitress
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| A woman that is a non-EU-migrant can work legally as a waitress if she has both a residence and a work permit. Asylum (“asile territoriale”) alone does not suffice since it does not include the right to work.
In reality, though, many women work as waitresses or barmaids and also as prostitutes.
If a woman has a work permit to work as a waitress or barmaid, she is not allowed to work as a prostitute or anything else because the work permit is issued only for a specific job/employer.
Since it constitutes an infringement of administrative law to work without the adequate permits (that is, for example, working as a prostitute although the permit is issued for work as a waitress) the consequences could be:
- the woman may lose her work permit for being a waitress or barmaid;
- the woman may lose her residence permit;
- the woman can be expelled/deported;
- the woman might encounter difficulties when applying for any kind of new visa/permit.
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E. As a Dancer
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| Working as a dancer is legal for non-EU-migrants only if they have both residence and work permits. Asylum alone (“asile territoriale”) does not suffice since it does not include the right to work. For dancers, it is more difficult to obtain these permits because the competent authority (“préfecture”) considers working as a “dancer” to be very much like prostitution.
In reality, many women work as dancers and also as prostitutes.
If a woman has a work permit to work as a dancer, she is not allowed to work as a prostitute or anything else because the work permit is issued only for a specific job/employer.
Since it constitutes an infringement of administrative law to work without the adequate permits (that is, for example, working as a prostitute although the permit is issued for work as a dancer) the consequences could be:
- the woman may lose her work permit for being a dancer,
- the woman may lose her residence permit,
- the woman can be expelled or deported,
- the woman might encounter difficulties when applying for any kind of new visa/permit.
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F. As an Employee
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| 1. Being employed as a prostitute |
Migrant sex workers in France rarely work alone. Usually, there is a person in the background who runs a club or rents or buys an apartment, takes money from the clients etc. This means that, since pimping regarded as a crime, the reality differs greatly from what is legally allowed: It is never legal in France to employ a woman to work as a prostitute; anyone so doing risks going to jail. There are no consequences for the woman working as a prostitute, since being a prostitute is not in itself a crime.
However, if such illegal employment exists, the agreement between the woman and the employer is a valid contract. This contract is not enforceable as far as the woman’s part is concerned. She cannot be forced to work if she does not want to. She is protected by the regulations of labour law, and she is entitled to earnings-related benefits. These rights can be enforced by legal proceedings. The woman is not entitled to unemployment benefits or training for a different job in a state-organized scheme, however.
Non-EU migrants are entitled to earnings-related benefits only if they actually work.
These rights can be enforced through court proceedings.
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| 2. Being employed as a waitress/dancer etc. |
It is only prohibited to employ prostitutes. Other sex workers, such as waitresses, barmaids or dancers can be employed legally.
Waitresses and dancers are protected by labour laws. Enforcement of these rights has to be done through court proceedings. The women are also entitled to unemployment benefits as well as a secure working environment.
Migrant sex workers only enjoy these rights if they hold the adequate permits.
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5. Taxes
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A. Self-Employed
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| Self-employed prostitutes are required to pay taxes under the tax scheme for self-employed persons. They should not give their profession as “prostitute”, though, but rather call themselves “artists” or something similar.
If a prostitute does not pay tax and is caught, financial authorities may estimate her income. Often, this estimate is too high, and the woman must pay too much tax.
The competent authority is the tax office (“trésor public”). |
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B. Working as an Employee
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| Even although working as an employed prostitute is forbidden, women who are employed have to pay taxes. The competent authority is the tax office (“trésor public”). The employer, on the other hand, does not have to pay taxes, since pimping is a forbidden activity – he is required to give away all the money he earned in any case. The latter also applies to women who work but do not have a residence permit (meaning that they are not allowed to work): they do not have to pay taxes but are legally required to give all their earnings away.
Women who are employed to work as barmaids, waitresses, dancers etc. have to pay the usual tax just like all other employees. |
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