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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| Non EU-national sex workers cannot simply start working in Austria; they need adequate permits. Here is a brief reminder of the permits required. For more details please see Migration. |
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Who needs a work permit?
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| Non-EU nationals do generally need a work permit, when they want to take up a work in Austria. Only migrants who hold an unlimited residence permit (Niederlassungsnachweis) and migrants who have a residence permit due to their marriage to an Austrian / Swiss or “old” EU national ( “Niederlassungsbewilligung – begünstigter Drittstaat-Ö / Niederlassungsbewilligung – begünstigter Drittstaat-CH / Niederlassungsbewilligung – begünstigter Drittstaat-EWR“) are allowed to work without a separate work permit. |
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Please note:
Citizens of the new EU member states may now work as self-employed prostitutes without any need for a residence/work permit.
However, persons in dependent employment, such as waitresses, are still subject to the legal restrictions governing foreigners.
See Migration – Entering Austria. |
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For all other migrants the following applies (for details please see Migration):
- Prostitutes may only work on a self employed basis.
Non EU-nationals who want to work as a prostitute need a so-called “temporary residence permit for self-employed persons without a permanent place of residence” (“Aufenthaltserlaubnis – Selbständig § 7 Abs. 4 Z 4FrG”). This permit should be applied for in the country of origin or in any third country. The initial permit is valid for a maximum of two months and may be extended (for more details please see Migration). This permit allows her to work as a self-employed prostitute; when holding this permit, no special work permit is needed.
- Migrants working as employees (e.g. barmaids or waitresses), who have entered Austria after the 1st of January 2003, will only obtain a residence permit for short time workers (“Aufenthaltserlaubnis für kurzfristig Beschäftigte”). An exception is made for so-called “key workers” (with particular professional training, an income of at least €2,200 gross per month, etc.). These workers may be given permission to reside in Austria. See Migration – Entering Austria.
The permit is issued only for six months, a further extension is possible. In order to obtain the initial residence permit, the woman needs a work permit called Beschäftigungsbewilligung which the employer applies for on her behalf. That means that the woman has to find an employer before entering Austria.
- Special rulings exist for non EU-nationals working as show dancers and gogos. They also may only work on a self-employed basis. They need a temporary residence permit for artists (“Aufenthaltserlaubnis als Künstlerin”). In order to obtain this temporary permit, the woman needs a contract with an artists’ agency (“Engagementvertrag”). This agency makes a further contract with the establishment where the woman is to work. The temporary artists’ residence permit is valid for three months only.
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| Since 1 January 2003, § 14 Abs 2c FrG (the Austrian Aliens Act) states that artists may apply from inside Austria for a further temporary permit. It must cover the same purpose as the previous permit and may be valid for a maximum of six months.
Citizens of Romania and Bulgaria may apply for a “Residence Permit – Self-Employed” on the basis of the Europe Agreements. See Migration – Entering Austria. |
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Please note:
This temporary artists’ permit is issued only for the purpose of dancing in discos, peep-shows, go-go establishments and similar places with specific licences. When holding this permit, the woman is not allowed to work in a non-licensed establishment or as a prostitute.
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Consequences of working without a permit
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Staying in Austria without a temporary residence permit (“Niederlassungsbewilligung“) or a residence permit (“Aufenthaltserlaubnis“) is illegal!
If she does so nevertheless,
- the woman can be expelled/deported
- the woman can be forbidden from re-entering the country
- the woman can be fined (“Verwaltungsstrafe“)
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If a woman holds a residence permit and a work permit (“Beschäftigungsbewilligung“) to work as a waitress, or a temporary artists’ residence permit for work as a dancer, she is not allowed to work as a prostitute!
If she does so nevertheless,
- the woman can be expelled/deported
- the woman can be forbidden from re-entering the country
- the woman may be fined
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Working as a waitress / barmaid without a work permit (“Beschäftigungsbewilligung”) is illegal.
If she does so nevertheless,
- the woman can be expelled/deported
- the woman can be forbidden from re-entering the country
- the woman can be fined (“Verwaltungsstrafe”)
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If the woman works as a prostitute with an adequate permit as well as a temporary residence permit for self-employed persons (“Aufenthaltserlaubnis – Selbständig § 7 Abs. 4 Z 4FrG”), but is not registered as a prostitute (if required):
- she can be expelled/deported, but does not usually have to leave the country
- she may be fined.For more details on expulsion/deportation and its consequences, please see Migration.
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2. Working as a Sex Worker
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Is sex work legal in Austria?
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Sex work, i.e. working as a prostitute or as a dancer, is not in itself a crime.
However, sex work is considered a contravention of public morality (“sittenwidrig”). There are considerable restrictions – outlined below – on working as a non EU-national prostitute. These restrictions stem from an interplay between alien law, penal law and civil law. |
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Registration
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| In some provinces, prostitutes have to register with the district authority. In Vienna, for example, women must register with the police, while in other provinces they must register with the health authority (“Gesundheitsamt“). The authority registers the women’s most important personal data. |
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| Health authorities do not usually pass on any information to the aliens authority. Therefore, in provinces where the woman has to register with the health authority, she does not run the risk of her status becoming known to the aliens authority.
Failure to register may be fined and may lead to a ban on entering or staying in Austria. |
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Health
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| Prostitutes must undergo mandatory health checks every week. This health check includes an HIV test, which is mandatory every three months. Women who do not undergo this health check can be fined ((§ 11 Sec. 2 Geschlechtskrankheitengesetz – Sexually Transmitted Disease Law). If a woman has caught one of the diseases specified by the law, she is not allowed to work until she has recovered. If she works nonetheless, she can be fined. If she is unable to pay the fine, she may even be arrested. |
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Working as a sex worker may be fined if:
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- The non EU-national woman stays in Austria without any type of residence permit (infringement of alien law – “Fremdengesetz“)
- A prostitute does not undergo the mandatory health check
- A prostitute does not register as required (only in some provinces)
- A prostitute works in a restricted area or at restricted times (only in some provinces)
- Other persons commit a crime when they facilitate prostitution or when the exploit the situation of a prostitute.For information on women’s rights in criminal proceedings, 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 works in the streets, but doesn’t 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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| A prostitute is entitled to receive payment from the client. This means – in legal terms – that she can go to court to claim her money. Nevertheless still-valid judgement exists stating that the contract between a prostitute and a client contravenes public morality and is thus null and void.
In practice, women without adequate permits run the risk of their status becoming known to the police/aliens authority if they claim their money in court. Even if the woman employs a lawyer, she mostly has to appear in court personally. However, the lawyer has to give her name and address to the court. Civil courts will not usually pass this information on to other authorities. |
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Please note:
The woman should always contact an advisory centre and seek advice (see Useful Addresses). |
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| The client is not penalised for not paying. |
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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 party. Before this 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 doesn’t give her the amount they had previously agreed on or if he deducts too much?
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| A prostitute has the right to receive payment from the person she works for. This means that, in theory, she can go to court to claim her money.
Waitresses, barmaids, show dancers and go-gos have the right to receive money in exchange for working as a waitress and for dancing. This means that they can go to court to claim the money. |
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Please note:
The woman should always contact an advisory centre and seek advice (see Useful Addresses). |
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4. Workplace
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A. In the Streets
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| 1. Work Conditions |
- Whether or not sex work in the streets is allowed depends on the province: in some provinces, sex work in the streets is generally prohibited. In other provinces, sex work in the streets is allowed only in certain areas (e.g. no prostitution in the vicinity of schools or churches).
- Women who work in restricted areas can be fined! It has been reported that police often treat migrant sex workers – even if working with the required permits – worse than Austrians.
- Please remember: working as a non EU-national prostitute without adequate residence permits is illegal. If she does so nevertheless, the woman runs the risk of expulsion / deportation/being banned from entering or staying in Austria.
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| 2. Time Restrictions |
- Working in the streets can be restricted to certain times. Again, these restrictions depend on the area/town.
- Women who work during restricted times can be fined. It has been reported that police often treat migrant sex workers – even if working with the required permits – worse than Austrians.
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B. In a Brothel / Club / Window Prostitution
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| 1. Work Conditions |
- In some provinces, prostitution is allowed only in officially approved brothels. This means that working in a place other than an officially approved brothel is illegal and the woman may be fined.
- Please remember: working without adequate residence permit is illegal. The woman runs the risk of expulsion/deportation/being banned from entering or staying in Austria.
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| 2. Time Restrictions |
- In some provinces, working in bars/brothels/windows may be restricted to certain times.
- Women who work during restricted times can be fined. It has been reported that police often treat migrant sex workers – even if working with the required permits – worse than Austrians.
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C. In an Apartment
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| In some provinces, prostitution in private rooms/apartments is prohibited. This restriction is rarely enforced and the practice usually tolerated. Raids of private rooms/appartements occur only very rarely. |
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D. As a Waitress
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| In reality, many women are employed as waitresses and barmaids, but also work as prostitutes. If a woman has a residence and work permit (“Beschäftigungsbewilligung“) to work as a waitress she is not allowed to work as a prostitute (see Work Permit). If she does so nonetheless, she may be fined, expelled and forbidden from re-entering the country. |
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E. As a Dancer
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| Women with a temporary artists’ residence permit (“Aufenthaltserlaubnis als Künstlerin“) are allowed to work in officially registered brothels/clubs/peepshows as dancers or go-gos. With this kind of permit it is not allowed to work in a non-licensed establishment or to work as a prostitute. If she contravenes this restriction, the woman may be fined, expelled and forbidden from re-entering the country. |
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F. As an Employee
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| Employing sex workers |
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Migrant sex workers in Austria rarely work alone. Usually there is a person who runs the club, rents her a room/apartment, takes money from the clients etc. But can the woman obtain a work contract which entitles her to wages and workers’ rights just as in any other profession?
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- In Austria, it is not possible to employ someone to work as a prostitute. Anyone who asks a woman to work for him as a prostitute commits a crime (§§ 214 and 215 “StGB” (Penal Code) — prohibition on pimping/facilitating prostitution in exchange for money).
- Prostitutes can work if they are self-employed.
- Waitresses and barmaids who work with the adequate permits can obtain a work contract and are legally entitled to all labour protection rights.
- In reality, many woman are employed as waitresses and barmaids, but also work as prostitutes. If a woman holds a residence and work permit (“Beschäftigungsbewilligung“) to work as a waitress, she is not allowed to work as a prostitute! (see Work Permit). If she does so nonetheless, the woman may be fined, expelled and forbidden from re-entering the country. The same applies to dancers with an artist’s permit.
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5. Taxes
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A. Self-Employed
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- Prostitutes have to pay taxes according to the Tax Law.
- Dancers and go-gos have to pay income tax (§ 99 EstG).
- The authority responsible is the tax office (“Finanzamt“).
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Please note:
Self-employed persons must register themselves with the tax authorities (to apply for a tax number) and must make their own tax returns and pay taxes themselves. |
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B. Working as an Employee
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- Barmaids and waitresses pay tax like other employees.
- The authority responsible is the tax office (“Finanzamt“).
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