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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 Germany; 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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EU nationals of these EU countries that had already been members of the EU before May 2004, are entitled to a residence permit (Aufenthaltserlaubnis-EG); they do not need a work permit.
For citizens of the “new” EU countries that acceded the EU on 1st of May 2004, the following applies:
They have the right to enter Germany, reside in Germany and to establish themselves as self employed workers. However, during a transition phase which will initially last until May 2006, the right to enter Germany for the purpose of dependent salaried employment only is granted under the same restricted conditions as they exist for non-EU nationals.
A special regulation exists for these workers who have been working in Germany for twelve months continuously with a valid residence and work permit: they are now entitled to an EU residence permit including the right to reside in Germany and work there as dependent salaried employee.Non-EU migrants with a limited residence permit who want to work legally as a sex worker need either a work permit to do so or a residence permit which states that they are allowed to work as a self-employed person. If the woman has an unlimited residence permit (“unbefristete Aufenthaltserlaubnis”), she does not need a work permit since the right to work is included in this kind of residence permit. In most cases, there are no work restrictions whatsoever attached to this permit. However, the permit is very difficult to obtain (it is available only after many years’ residence in Germany or where asylum has been granted; see Migration).
If the woman has a limited residence permit, she is only allowed to work if she has a work permit as well. Generally, however, migrants cannot obtain a work permit specifically for sex work/prostitution. Although sex work/prostitution is no longer considered to contravene public morality, permits for this kind of work are not issued in practice.
Exception: the law regarding wives of German (or EU) nationals has recently been changed. In theory, these wives can obtain a limited residence permit (“befristete Aufenthaltserlaubnis”) which entails permission to work on a self-employed basis. It is too early to say whether women who work as sex workers will be able to obtain this permit. |
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Please note: Working without these permits is illegal!
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In theory, barmaids and waitresses need a limited residence permit (“befristete Aufenthaltserlaubnis“) and a work permit which states “barmaid” or “waitress”. However, in practice these types of work permits are never issued. This means that women who want to work as barmaids and waitresses need an unlimited residence permit (“unbefristete Aufenthaltserlaubnis“) because, in the case of an unlimited residence permit, a work permit is not needed but included. This permit is very difficult to obtain (see above).
In theory, showdancers and go-go dancers need a limited residence permit (“befristete Aufenthaltserlaubnis“) and a work permit which states “dancer” or “artist.” In theory, they may also obtain an artists’ visa. However, in practice hardly any artists’ visas or other kinds of work permits are issued for show dancers and go-gos. This means that women who want to work as dancers or artists need an unlimited residence permit (“unbefristete Aufenthaltserlaubnis“) because, in the case of an unlimited residence permit, a work permit is not needed. This permit is very difficult to obtain (see above). |
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Please note:
A work permit is issued for a specific employer and a specific kind of work. Working for another employer, or working as a prostitute without the appropriate permit, is illegal! |
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Consequences of working without a permit
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Staying and working in Germany without a valid residence permit is illegal and can be penalised as a crime. (§§ 92 ff. “Ausländergesetz“/Alien Law)
If she does so nevertheless,
- the woman can be expelled/deported.
- the woman can be banned from re-entering the country.
- the woman can encounter difficulties when applying for any kind of new visa/permit.
- the woman can be fined.
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Working without an adequate work permit or working for an employer other than the one the permit is issued for is illegal and can be penalised as a crime.
If she does so nevertheless,
- the woman can be expelled/deported.
- the woman can be banned from re-entering the country.
- the woman can encounter difficulties when applying for any kind of new visa/permit.
- the woman can 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 Germany?
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| Sex work, i.e. working as a prostitute, a dancer etc. is not in itself a crime. However, there are considerable restrictions on working as a prostitute, outlined below. These restrictions result from an interplay between alien law, penal law, administrative law and civil law. |
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Health and Registration
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| Street social workers and health centres offer health checks for sex workers (see Useful Addresses). Prostitutes are no longer obliged to undergo regular health checks. The women are no longer registered. However, if there is a suspicion that a woman has caught a disease, she can be forced by law to undergo a health check. (“Bundesinfektionsschutzgesetz“/National Infection Law). This law is not enforced in Northern Germany. |
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Working as a sex worker can be penalised as a crime, if:
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If a woman takes money from the client in advance although she is not willing to offer her services. She only commits a crime (fraud), though, if it can be proven that she never intended to work.
Prostitution can be restricted to certain areas and to certain times. If a woman frequently works in these areas nevertheless, she commits a crime (§ 184a “StGB”/Criminal Code). The first time she is caught she has to pay a fine. (§ 120 Para. I No. 1 OWiG). She also risks expulsion.
Pimping is a crime if, e.g., the prostitute is younger than 18 years, or if the perpetrator intends to exploit the prostitute, or if he controls her so closely that she cannot decide anything on her own (§§ 180 ff. “Strafgesetzbuch”/Criminal Code). It is only a crime to work as a pimp; working for a pimp is not punishable.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 who works in the streets 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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On January the 1st 2002, a new law entered into force, stating that prostitution is no longer a contravention of public morality. Theoretically, it is therefore possible to press charges against clients who do not pay and to get help from the police.
In practice, though, it will in most cases be difficult to prove the claim. Since the plaintiff (that is, in this situation, the woman) has the burden of proof, she will have to present credible witnesses stating that there has been an arrangement between herself and the defendant (client) and that she has fulfilled her part of the contract. |
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Please note:
The woman has to claim the money herself. It is not possible to cede the claim, that is, no third person (e.g. employer, friend, husband) can claim the money for her. |
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If a client pays a prostitute in advance, but she does not offer her services, she can be punished for fraud if it can be established that she never intended to work. The client is entitled to have his money back, but he may not force the woman to work.
In practice, if the woman presses charges, women without adequate permits run the risk of their status becoming known to the police/alien or labour law authorities if they claim their money by official means. However, if the woman employs a lawyer, she does not need to appear in court personally. Therefore, she should always seek legal advice before instituting proceedings. |
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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, e.g. to the person who runs the club. 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 doesn’t pay her at all or if he deducts too much?
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The woman has the right to claim an appropriate amount of the earned money (exploitation of prostitutes is a crime).
In practice, women without adequate permits run the risk of their status becoming known to the police/alien labour law authorities if they claim their money by official means. However, if the woman employs a lawyer, she does not need to appear in court personally. The lawyer gives only her name, not her address to the court. |
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4. Workplace
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A. In the Streets
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| 1. Work Conditions |
- Prostitution in the streets is prohibited in certain towns, areas or streets (according to so-called “Sperrgebietsverordnungen“/Restricted Zone Rulings). These prohibitions vary according to the region in Germany. For instance, in southern Germany, prostitution is sometimes prohibited in small towns. Consequently prostitutes often work in streets outside these towns. In other towns, such as Hamburg, street prostitution is prohibited in certain areas. In some towns and areas there are no restrictions whatsoever.
- Women who work in restricted areas may be fined/penalised. This is a reason to withdraw visas and residence permits. Again, enforcement of these restrictions depends on the area. Generally southern German authorities are stricter than northern German ones.
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| 2. Time Restrictions |
- Working in the streets can be restricted to certain times. Again, these restrictions depend on the area.
- Women who work during restricted times may be fined/penalised. This is a reason to withdraw visas and residence permits. However, the enforcement of these restrictions depends on the federal state (“Bundesland“). Generally southern German authorities are stricter than northern German ones.
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B. In a Brothel / Club / Window Prostitution
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| 1. Work Conditions |
- Sex work/prostitution in brothels/clubs/window prostitution is prohibited in certain towns, areas or streets (according to so-called “Sperrgebietsverordnungen”/Restricted Zone Rulings). These prohibitions vary according to the region in Germany. For example in southern Germany brothels are sometimes prohibited in small towns. In other towns, brothels and clubs are prohibited in certain areas. Consequently, brothels can often be found outside towns.
- Women who work in restricted areas may be fined/penalised. This is a reason to withdraw visas and residence permits. Again, enforcement of these restrictions depends on the area. Generally southern German authorities are stricter than northern German ones.
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| 2. Time Restrictions |
- Brothels/clubs/window prostitution may be restricted to certain times. Again, these restrictions depend on the area.
- Women who work during restricted times may be fined/penalised. This is a reason to withdraw visa and residence permits. However, the enforcement of these restrictions depends on the federal state (“Bundesland”). Generally southern German authorities are stricter than northern German ones.
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C. In an Apartment
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- There may be administrative restrictions regarding the area where prostitution is allowed or forbidden. It is therefore illegal to let an apartment to a prostitute in an area where prostitution is not allowed if she intends to work there. Consequently, some landlords demand high rents if they know what goes on in an apartment (see above).
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Advertising sex work/prostitution in newspapers, TV, radio, the internet and putting up posters/stickers in public places may be fined. However, these prohibitions are hardly ever enforced. Adverts for sex work/prostitution can be found frequently.
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D. As a Waitress
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- Working as a waitress is legal.
- In reality, many women are employed as waitresses and barmaids but also work as prostitutes.
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Please note: Working as a prostitute without an unlimited residence permit is illegal!
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| If a woman has a work permit for work as a waitress she is not allowed to work as a prostitute. (See Work Permit and Migration ) |
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E. As a Dancer
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- Working as a dancer is legal.
- In reality, many women are employed as dancers and go-gos, but also work as prostitutes.
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| Please note: Working as a prostitute without an unlimited residence permit is illegal! |
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| If a woman has a work permit to work as a dancer/go-go, or an artist’s visa, she is not allowed to work as a prostitute. (See Work Permit and Migration ) |
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F. As an Employee
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| Employing sex workers |
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| Migrant sex workers in Germany 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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- On January 1st 2002, a law entered into force which allows prostitutes to sign work contracts just like any other employee. Even if there is no written agreement but a factual steady working relationship between a prostitute and another person or a verbal agreement, a contract exists. This contract entitles the woman to wages, social security and workers’ rights just like an employee in any other profession.
However, for this contract to be legal, it is important that there is no dependent relationship between the woman and her employer: The woman must be able to determin the conditions of her employment herself, and the employer of a prostitute only has a limited right to issue instructions. Otherwise he makes himself liable to prosecution for living off the earnings of prostitution (exploitation of a prostitute or close control is a crime).
The line between legal and illegal employment of prostitutes is very fine, and – since this is a new law – there is no experience yet as how authorities/jurisdiction will decide in these situation. It is advisable to seek legal advise.
- Waitresses, barmaids, show dancers and go-go dancers who work with an adequate permit can obtain a work contract and are entitled by law to all labour protection rights.
- In reality, many women are employed as waitresses and barmaids, but also work as prostitutes.
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Please note: Working as a prostitute without an unlimited residence permit is illegal!
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| If a woman has a permit to work as a waitress, or an artist’s visa, she is not allowed to work as a prostitute. If she does so nevertheless, the woman can be penalised, expelled and banned from re-entering the country. (See Work Permit and Migration ) |
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5. Taxes
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A. Self-Employed
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- Self-employed sex workers have to pay tax under the tax scheme for self-employed persons.
- If a prostitute/sex worker is caught in a raid, financial authorities estimate her income. Often this estimate is too high and so the woman pays too much tax.
- The competent authority is the “Finanzamt“/tax office.
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B. Working as an Employee
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- Barmaids, waitresses, dancers and gogos have to pay tax under the Income Tax scheme (“Lohn- und Einkommenssteuer“). Taxes are deducted directly from their wages.
- The competent authority is the “Finanzamt“/tax office.
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