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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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| Migrant sex workers cannot simply start working in Spain; they need the appropriate permits. Here, you will find a brief reminder of the permits required. For detailed information, please see sections Migration – Entering for Work Purposes and Migration – Staying for Work Purposes. |
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Who needs a work permit?
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EU nationals do not need a work permit or residence permit, but do require a Community Residence Card (“Permiso de Residencia Comunitario”).
Non-EU Migrants who want to work need a residence permit („Permiso de Residencia”) and a work permit (“Permiso de Trabajo”). Please see section Migration – Entering for Work Purposes.In any case, migrants cannot obtain a work permit (“Permiso de Trabajo”) specifically for sex work/prostitution, since these activities are considered a contravention of public morality and are not recognised in any way.
However, it is possible to work legally as a waitress or dancer if the woman holds a residence permit (“Permiso de Residencia”) and a work permit (“Permiso de Trabajo”). In practice, these permits are difficult to obtain. See section Migration.
Once a woman has obtained a work permit for any other legal activity, she can work as a prostitute or in any other sex work without having to expect facing further problems, as there are no legal restrictions or consequences with regard to sex work. |
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Consequences of working without a permit
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Please note that working without an adequate permit leads to severe consequences:
If a woman is caught working while in possession of a residence permit, but without a work permit, this will be considered an offence and a fine will be imposed.
If she is found working with neither a work permit nor a residence permit, she will be expelled from Spain. See section Migration.
These consequences are not a result of the sex work itself, but the result of working without a valid work permit or residence permit.
In practice, the woman can work as a prostitute or in any other sex work without problems as long as she holds a residence permit and a work permit for any other activity. |
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Please note:
There is a special regulation for citizens of the “new” EU countries (excluding those coming Malta and Cyprus who enjoy directly all rights as the “old” EU citizens) that acceded the EU in May 2004. Citizens of these countries who wish to work for the purpose of dependent salaried employment for a period that exceeds the 6 months, a visa is required. In this case and until 2006, their situation will be ruled by the general system.
If their contract does not exceed the period of 6 months then only the consent of the Spanish consulate located in their countries of origin is needed.
If the person has been working in Spain with a valid residence and working permit before the 01 of May 2004, s/he is now entitled to an EU residence permit, which includes the right to reside in Spain and work there as a dependent employee. |
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2. Working as a Sex Worker
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Is sex work legal in Spain?
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| Working as a prostitute is considered a contravention of public morality. It is an activity that is not recognised in any way and therefore it is not covered by the law. It is neither an offence (an infringement of administrative law) nor a crime. |
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Health and Registration
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There are no compulsory health checks for prostitutes in Spain. A woman cannot be forced to undergo a health check if there is a suspicion that she might have caught a disease either.
In Spain, prostitutes are not registered due to this activity. |
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Women working as a sex worker may be fined or undergo criminal prosecution if…
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| As prostitution is not covered by the law, no detailed information is possible as to the specific conditions in which a woman will face legal consequences (e.g. be fined or undergo criminal 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 her apartment does not take the money in advance. Afterwards, the client refuses to pay. What options does the woman have to obtain her money?
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In Spain, a contract between a prostitute and her client is neither legally valid nor enforceable.
This means that the woman does not have a right to receive payment from the client. There is no way of claiming the money before a court, either. As a result, women encounter all the practical difficulties imaginable when trying to enforce payment. It is not possible to make a judicial claim for the money.
The client is not penalised for not paying. On the other hand, nobody may force the woman to work if the client has paid her in advance and she does not offer her services. |
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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, a sex club, or similar location, where the client gives the money to a third party. Before this third party 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 her the amount they had previously agreed or if he deducts too much?
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The contract between a prostitute and the person she is working for is not legally valid and therefore not enforceable. A woman who works as a prostitute does not have any rights regarding the money she receives in exchange for sex work. This means she has no recourse to legal means to get more money, or, indeed, any money at all, from the person she works for.
In contrast, waitresses, barmaids, show dancers and so forth do have the right to receive payment in exchange for working as a waitress and for dancing. They can go to the police for help and even go to court to claim the money. |
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4. Workplace
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A. In the Streets
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| Due to the lack of any legal recognition of prostitution in Spain, there are no restrictions with regard to the location or time of sex work in Spain. |
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B. In a Brothel / Club / Window Prostitution
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| Due to the lack of any legal recognition of prostitution in Spain, there are no restrictions with regard to the location or time of sex work in Spain. |
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C. In an Apartment
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There are also no regulations concerning working as a prostitute in an apartment. If a woman is caught working as a prostitute in an apartment, she will not have to face legal consequences. It is legal to rent a room to a prostitute.
There are no restrictions regarding advertising of prostitution in apartments. |
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D. As a Waitress
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Working as a waitress is legal.
However, in reality, many women who are employed as waitresses and bar maids also work as prostitutes. |
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Please note:
If a woman has a work permit to work as a waitress she is not officially allowed to work as a prostitute. But she will face no legal consequences if she does so nevertheless.
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E. As a Dancer
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Working as a dancer is legal.
In reality, many women who are employed as dancers and go-gos also work as prostitutes. |
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Please note:
If a woman has a work permit to work as a dancer she is not officially allowed to work as a prostitute. But she will face no legal consequences if she does so nevertheless.
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F. As an Employee
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| Migrant sex workers in Spain rarely work alone. There is usually a person who runs the club, rents her a room or apartment, takes money from the clients, and so forth.
The employment of prostitutes is illegal for the employer in two cases:
- Firstly, if he abuses a situation of superiority or necessity. Employing minors or disabled women as prostitutes is always considered an abuse of this sort, but these are not the only types of abuse. If abuse occurs, the employer faces imprisonment for a period of one to four years, and a fine.
- Secondly, if he employs a prostitute by fraud. This means that when negotiating the working contract, the employer does not let the woman know that she will be expected to work as a prostitute, but tells her she will be working as something different, for example a waitress or a dancer.
However, the prostitute herself does not enjoy the protection of labour law. There are no procedures enabling her to enforce her rights and she is not entitled to earnings-related benefits or unemployment benefits.
It is legal for an employer to employ waitresses and dancers.
A woman employed as a waitress or dancer does enjoy the protection of labour law.
She can enforce her rights through the courts or via local authorities if she has a working contract and if she holds both a residence permit and a work permit. Under that condition, she is also entitled to earnings-related benefits, unemployment benefits, a secure working environment and training. |
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5. Taxes
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Due to the fact that Spanish law does not cover prostitution in any way (see Working as a Sex Worker), a woman working as a prostitute will not have to pay tax.
However, women who are employed legally to work as a barmaids, waitresses, or dancer (see above) have to pay the usual tax just like all other employees. |
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