1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes
|
1. Work Permit
|
|
This section provides a brief reminder of the permits required to work in Finland, either as a prostitute or for other kinds of sex work.
For details please also see the ”Migration” section. |
|
|
|
|
Who needs a work permit?
|
| EU nationals do not need a work permit or residence permit. |
|
Please note:
For citizens of the “new” EU countries who acceded the EU in May 2004 (excluding Cyprus and Malta) the right to enter Finland 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. |
|
| There is one exception: Citizens of the “new” EU countries who were already legally employed in Finland on May 1st, 2004, enjoy the same right to work as citizens of the old EU countries. For these women the restrictions outlined above, do not apply. Also, the right to work self-employed is not restricted. |
|
| Non EU-Migrants always need a work permit and a residence permit if they want to work in Finland.
However, it is not possible to get a work permit or residence permit for prostitution purposes, as these are grounds for expulsion (”refusal of entry”) according to Finnish Alien Law.
With regard to other sex work, no work permit is required if
- the woman holds a permanent residence permit or
- the woman has obtained a fixed term residence permit and is married to either a Finnish citizen or an alien residing in Finland with a permanent residence permit.
In these cases, working as a prostitute is not grounds for expulsion either, but the woman might encounter difficulties when applying for a new fixed term residence permit.
For details please see section ”Migration”.
It is possible to obtain the residence permit and work permit required for working legally as a topless waitress or as a striptease dancer. |
|
|
|
|
Consequences of working without a permit
|
| 1. Staying in Finland with visa or as a visa-free visitor |
If a woman works as a prostitute while she is staying in Finland with a visa or as a visa-free visitor, she can be expelled.
|
|
| 2. Staying in Finland with a residence permit |
If a woman works as a prostitute while she is staying in Finland with a residence permit, she cannot be expelled. Prostitution itself is not grounds for rejecting her application for a new residence permit either. An extension can be rejected if the grounds for issuing a residence permit do not exist anymore (e.g. divorce).
See above and section ”Migration”.
|
|
|
|
|
|
2. Working as a Sex Worker
|
|
Is sex work legal in Finland?
|
| Prostitution and any kind of sex work is not illegal in Finland, but the legal status of prostitution itself (i.e. selling sexual services) is vague.
In this context it is important for non EU-migrants to note the following:
As prostitution is grounds for expulsion according to Finnish alien law it is not possible to get a work permit/residence permit on the grounds of prostitution. Therefore it is impossible for non EU-migrants to work legally in Finland as prostitutes.
Other kinds of sex work are legal, .so women doing other kinds of sex work do not encounter particular legal difficulties. |
|
|
|
|
Registration
|
| In Finland there is no register for prostitutes. |
|
|
|
|
Health
|
| There are no compulsory or obligatory health checks for prostitutes in Finland. |
|
|
|
|
Working as a sex worker may be fined if:
|
Working as a prostitute is an infringement of administrative law for Finnish citizens, EU- nationals and for non-EU migrants if the woman does not pay taxes.
In this case the woman might face a punitive tax bill.
Please see below under 5. ”Taxes”.In addition to tax consequences she might be fined if caught working in the streets of Helsinki and Vantaa on the basis of municipal regulations.
Please see below under 4.”Workplace”. |
|
|
|
|
|
3. Payment
|
|
If the client does not pay
|
|
|
An example:
A woman who works in her apartment does not take the money in advance. Afterwards, the client refuses to pay. What possibilities does the woman have to obtain her money?
|
|
Even if there was an existing agreement the woman cannot get any legal protection:
A contract between a prostitute and a client is valid, but as prostitution is ”against good practice” it cannot be enforced. This means that the woman cannot claim her money in court.
If a client pays a prostitute in advance, but she does not offer her services, neither he nor the police may force her to work. There is no legal protection for the client either.In contrast, a woman working as a striptease dancer or topless waitress has an enforceable right to receive payment in exchange for dancing or waitressing. This means that she can go to the police for help and claim her money in court. |
|
|
|
If the person the woman works for does not give her enough money
|
|
|
An example:
A woman works in a brothel, sex club etc. 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 ?
|
|
| 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 legal means to get more money or indeed any money at all from the person she works for.
Brothels in Finland are illegal. Anyone working there is conducting an illegal transaction and does not have legal protection for anything s/he does there.
Please see below under 4. ”Workplace”.
In contrast, topless waitresses or barmaids, striptease dancers etc. 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 claim their money in court. |
|
|
|
|
4. Workplace
|
|
A. In the Streets
|
| 1. Work Conditions |
In Finland street prostitution is either prohibited in the whole city or not restricted at all. This means that there are no special zones of tolerance or the like.
In the cities of Helsinki and Vantaa prostitution in public places (i.e. in the streets) is prohibited according to municipal regulations. Working in any of the streets of Helsinki or Vantaa is an infringement of administrative law and has consequences for the woman concerned:
If she is residing in Finland with a visa or as a visa-free visitor
- she will be fined and
- she can be expelled.
If she holds a residence permit, she can be fined, but not expelled.
Please see above under 1. ”Work Permit” and section ”Migration”.
The above named restrictions are enforced.
|
Please note:
In a proposal for a new law concerning public order, the buying and selling of sexual services in public places would be prohibited in the whole country. |
|
|
| 2. Time Restrictions |
As there are no zones of tolerance, there are no restrictions as to when prostitutes may work in the streets, either. In Vantaa and Helsinki prostitution is prohibited completely (please see above).
|
|
|
|
B. In a Brothel / Club / Window Prostitution
|
Employing a prostitute is illegal anywhere, no matter where practised.
All brothels and clubs in Finland are illegal. Anyone working there is conducting an illegal transaction and does not have legal protection for anything s/he does there. This applies to the person running the club as well as to the women working there
The ”employer” will be penalised according to Finnish law.
The woman does not face criminal prosecution but she does not have any rights with regard to her work, either. |
|
|
|
|
C. In an Apartment
|
| It is not illegal to work as a prostitute in an apartment if the woman owns the apartment by herself. Renting an apartment to a prostitute is illegal but it is the landlord and not the woman who might face legal consequences in certain cases.
There are no official restrictions placed on the advertising of prostitution, but some newspapers do not publish ads on sex-selling services. |
|
|
|
|
D. As a Waitress
|
Working as a topless waitress is legal.
A woman working as a topless waitress enjoys the protection of labour law. She can enforce her rights via local authorities and through court. She also is entitled to earnings-related benefits if she is a member of the labour union or the unemployment benefit society and there is unemployment benefit in the form of labour market support by the Social Insurance Institution ( ”KELAn työmarkkinatuki” ).
Migrants also enjoy the preceding rights if they hold the appropriate permits.
Please see above under 1. ”Work Permit” and section ”Migration”. |
|
|
|
|
E. As a Dancer
|
Working as a striptease dancer is legal.
A woman working as a striptease dancer enjoys the protection of labour law. She can enforce her rights via local authorities and through court. She also is entitled to earnings-related benefits if she is a member of the labour union or the unemployment benefit society and there is unemployment benefit in the form of labour market support by the Social Insurance Institution ( ”KELAn työmarkkinatuki” ).
Migrants also enjoy the preceding rights if they hold the appropriate permits
Please see above under 1. ”Work Permit” and section ”Migration”. |
|
|
|
|
F. As an Employee
|
Employing prostitutes is illegal no matter where practised.
Nevertheless there is an organised form of migrant prostitution, run by pimps and gangs. As most migrant prostitutes come to Finland with a tourist visa and stay only for a short period of time, these organisers help to arrange visas or invitations to the country.
This is not an employer-like situation but an illegal transaction and the women involved do not enjoy any form of legal support as they are expected to know that they are carrying out an illegal transaction. |
|
|
|
|
|
5. Taxes
|
|
A. Self-Employed
|
According to tax authorities all income is taxable income. This also applies to prostitution. This means that for taxation purposes, it makes no difference that prostitution is considered to be ”against good practice”. Tax authorities consider that a prostitute is an entrepreneur and she has to pay taxes for the income she earns. Officially, she should register with the following:
- preliminary taxation register ( ”ennakkoperintärekisteri” ), and
- value-added tax register (”ALV-rekisteri” , if earnings more than 8.300 Euros / year ).
Nevertheless in practice there are no prostitutes in these registers as they do not work in the official sector. |
|
|
|
|
B. Working as an Employee
|
As it is illegal to employ a prostitute, there is no tax law regarding employed prostitutes.
Women employed as striptease dancers or topless waitresses do have to pay tax under normal tax schemes. |
|
|
