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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 Ireland. They need adequate permits. Here is a brief reminder of the permits required. (For more details see |
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Please note:
The term sex work is not officially recognised in Ireland and is not referred to in legislation or official policy. |
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Who needs a work permit?
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| EU/EEA nationals do not need an employment permit and are legally entitled to a residence permit. |
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Please note:
The Irish labour market will be open to all EU-citizens, including nationals of the 10 “new” member states, which acceded the EU in May 2004. Note that the access of nationals of the 10 EU member states 2004 for the purpose of employment may subsequently be limited; but this is not the case to date. |
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| Non-EU/EEA nationals always need a residence permit and a work permit. There are different forms of residence permits available to migrants in Ireland. For details see Entering Ireland and Staying in Ireland. In practice, is it almost impossible to obtain a work visa as a sex worker. It might be possible for an employer to obtain an employment permit for a waitress or a dancer but it is unlikely that such a permit would be issued as there is a strict labour market test. So the employer has to show that he/she is unable to fill the vacancy with any Irish/EEA national worker. Also, if there is any notion of employment being in an establishment which is suspected of being the front for a brothel, a permit would not be issued to the employer.
It is not possible to obtain a work visa for prostitution. Prostitution is effectively illegal in Ireland. |
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Consequences of working without a permit
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| Staying and working in Ireland without a valid residence permit and/or a valid work permit is illegal and can be penalised as a crime.
Working without the adequate permits may have the following consequences:
- the woman may lose her residence permit,
- the woman can be fined,
- the woman can be detained,
- the woman can be expelled/deported,
- the woman can be excluded from re-entering the country,
- the woman can encounter difficulties when applying for any kind of new visa/permit.
These consequences are enforced in practice.
For more details on expulsion/deportation and its consequences, See Migration, Leaving the country. |
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2. Working as a Sex Worker
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Is sex work legal in Ireland?
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| In theory certain types of sex work are legal in Ireland, but prostitution in particular is effectively illegal in practice and punishable as a crime.
Under the currently applicable law, the Criminal Law (Sexual Offences) Act 1993, prostitution is effectively illegal. Nevertheless, prostitutes are subject to a large number of measures, which severely curtail their ability to ply their trade in public and their customers’ ability to avail of their services. Prostitution is illegal if the woman solicits or importunes another person or other persons for the purposes of prostitution. It is not an offence to request sexual intercourse from a person where there is no question of either party paying. It is an offence to offer sexual intercourse, or to offer it, where money or money’s worth is the explicit or tacit motivation. It is a question of fact as to whether prostitution is inherent in the nature of the circumstances proved by prosecution. As with all issues of fact, some may be expressly proved, as in overheard conversation, or may be inferred from the circumstances. Soliciting and importuning has to happen in a street or public place but can include making gestures or signals from a window overlooking a street. It appears some form of personal contact is required and merely leaving a message, however undesirable, is not soliciting or importuning. |
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Health and Registration
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| Due to the lack of legal recognition, prostitutes are not registered in Ireland. Consequently, they are not obliged to undergo regular health checks. But the Women’s Health Project provides checks and other care in the Dublin area only. Also the police encourage contact with the organisation RUHAMA (work with and for women involved in prostitution and women who have been trafficked for the purpose of prostitution), which in turn refers women to the Women’s Health Project. See advisory centres. |
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Working as a sex worker can be penalised as a crime, if:
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- It is a criminal offence to solicit or importune in a street or public place for the purposes of prostitution, Section 7, Criminal Justice (Sexual Offences) Act 1993.
- It is an offence to loiter for the purposes of prostitution, Section 8, Criminal Justice (Sexual Offences) Act 1993.
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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 prostitution 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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| Basically, the woman has no right to receive payment from the client because their arrangement does not constitute a legal contract. Thus prostitution is considered “contra bonus mores” and a contravention of public morality. The courts will not enforce such a contract, therefore a prostitute cannot sue a client who refuses to pay her despite having promised to do so.
If a client pays a prostitute in advance, but she does not offer her services, neither the client nor police can make her do so. However, the prostitute may have committed a crime if it can be established that she never intended to work.
The client generally is not entitled to sue to have his money back. However, he might have it returned by the Court if the woman was convicted of obtaining the money by false pretences. |
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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 where the client gives the money a third person, for example 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 does not pay her at all or if he deducts too much?
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| Since running a brothel is illegal, the “contract” between the person who runs the brothel and the woman is not valid and the court will not enforce any claims thereof. Therefore a prostitute can not sue a brothel owner who refuses to pay her despite having expressly promised to do so. |
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4. Workplace
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A. In the Streets
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| 1. Working Conditions |
In general, soliciting in public is illegal. Therefore working in streets is not allowed. There are also no zones of tolerance even though it is easier to ‘get away with’ it at night-time and outside residential areas.
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| 2. Time Restrictions |
Working in the streets is not allowed at any time.
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B. In a Brothel / Club / Window Prostitution
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| 1. Working Conditions |
Running a brothel is a criminal offence under Irish law, namely under Section 11 of the Criminal Justice (Sexual Offences) Act 1993. Also the organisation of prostitution is a criminal offence under Section 9 Criminal Justice (Sexual Offences) Act 1993 and the living on the earnings of prostitutions under Section 10 Criminal Justice (Sexual Offences) Act 1993.
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C. In an Apartment
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| Theoretically, it would be possible to consider working as a prostitute in an apartment as legal as it is not an offence for one woman to offer sex for sale in private and such arrangements are commonly made by telephone. However, in practice the soliciting for the purposes of prostitution will often happen in a public place (soliciting can for example include making gestures or signals from a window overlooking a street) and thus make the woman liable to prosecution.
If more than one woman works in the apartment it would be considered a brothel and the tenant/lessee/occupier or person in charge of the premise could be liable to prosecution pursuant to Section 11 of the Criminal Justice (Sexual Offences) Act 1993.
If the prostitute rents an apartment for the purpose of prostitution it may be a crime. Because if the person lets the premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel. Please note: a person who knowingly supplies goods for the purpose of prostitution may not be able to enforce the contract if the prostitute does not pay, because the contract would be considered “contra bonus mores”.
It is a criminal offence to publish or cause to be published or to distribute or cause to be distributed an advertisement, which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in the terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution (Section 23 of the Criminal Justice (Public Order) Act 1994). |
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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 in certain establishments but also work as prostitutes. Working as a prostitute is effectively illegal and a crime under Irish law. |
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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 in certain establishments but also work as prostitutes. Working as a prostitute is effectively illegal and a crime under Irish law. |
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F. As an Employee
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| Employing sex workers |
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| Sex workers in Ireland 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 a woman obtain a work contract, which entitles her to wages and workers´ rights just as in any other profession? |
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| The employment of prostitutes is never legal for the employer. If an employer employs a prostitute he or she can be liable to prosecution for “living on the earnings of prostitution” pursuant to Section 10 of the Criminal Justice (Sexual Offences) Act 1993, for “organising prostitution” pursuant to Section 9 of the Act and possibly also for “brothel keeping” pursuant to Section 11 of the Act. The woman does not expect special consequences if she works in a brothel as an employee (as other than prostitute) purely because of that fact, but she becomes liable to prosecution if she actually works as a prostitute. The woman in that situation does not enjoy any protection of labour laws.
It is legal to employ sex workers other than prostitutes, such as waitresses, barmaids, dancers and masseurs, if they have adequate permits. |
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Please note:
It is important to note in all of the above cases that under Irish law an act of prostitution may be considered to have taken place even without any direct physical contact between the parties. |
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| Women working legally as waitresses, barmaids, dancers and masseurs, do enjoy the protection of labour laws and are entitled to earnings-related benefit, unemployment benefit, secure working environment and training if they are legally employed. In reality, sex workers rarely take action to enforce their rights if they are denied. In Ireland the Rights Commissioner, Employment Appeals Tribunal, Equality Tribunal ensure the enforcement of the workers’ rights. |
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5. Taxes
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A. Self-Employed
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| There are no regulations for paying taxes on earnings from prostitution, because prostitution is effectively illegal.
If women legally work on a self-employed basis they have to pay tax under normal tax schemes. |
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B. Working as an Employee
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| There are no regulations for paying taxes on earnings from prostitution, because prostitution is effectively illegal.
If women are legally employed as dancers, waitresses etc., they have to pay tax under normal tax schemes. |
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