|
|
1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes
|
1. Work Permit
|
|
| Most migrant sex workers cannot simply start working in Italy. Most importantly, migrants cannot obtain a permit specifically for sex work. Here is a brief reminder of the permits required. For more details, please see Migration. |
|
|
|
|
Who needs a work permit?
|
| EU nationals need neither a work permit nor a residence permit. |
|
Please note:
For citizens of the “new” EU countries who acceded the EU in May 2004 (exluding Cyprus and Malta) the right to enter Italy for work purposes is restricted during a transition phase. Therefore, up to May 2006 citizens of those countries who want to take up dependent salaried employment can obtain a residence 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. |
|
Non-EU migrants who want to work as prostitutes need a residence permit of any type (“Permesso di soggiorno“).
The woman can obtain a residence permit by:
- marrying an Italian or a EU citizen (“Permesso per motivi familiari” )
- marrying a non-EU citizen who resides legally in Italy
- stating her intention to work as a waitress / barmaid (see below)
- stating her intention to work as a dancer / go-go (see below)
Prostitution is not considered a profession. Therefore, a woman cannot obtain either a residence permit or a work permit specifically for work as a prostitute. |
|
|
If a woman holds a residence permit which allows her to work, or if she in any way legally resides in Italy, she cannot be deported for the sole reason of having worked as a prostitute. She will not lose her residence permit for this reason alone.
|
|
Please note:
There may be a new prostitution law according to which prostitution is penalised in the future. That means that a woman may then be subject to expulsion when working as a prostitute. At the moment it is not known when it will come into force. |
|
| Barmaids and waitresses need a residence permit and work permit (“Permesso di soggiorno per lavoro“) either for self-employed persons or for dependent salaried employees. The initial work permit is issued for a specific employer. The number of work permits issued is limited according to the number of immigrants the labour market can absorb (a number determined by the Prime Minister and the Council of Ministers each year). For more details, please see Migration. |
|
| Dancers, models and entertainment workers need a special work permit for artists and entertainment workers (Art. 27 Unified Text (“Texto unico“). This work permit is subject to prior authorisation by both the state police office and by the office for the hire of workers in places of entertainment. This permit can be applied for in the woman’s country of origin or in any third country. The number of work permits of this type issued is not limited.
In order to obtain a work permit, the woman usually first needs an employment contract. In some cases she may be permitted to enter Italy before holding an employment contract. For more information, please see Migration.
If they hold a residence permit without work restrictions, women can also work as waitresses, barmaids, dancers and entertainment workers (an acceptable permit is, for example, the “Permesso per motivi familiari“). |
|
|
|
|
Consequences of working without the appropriate permits
|
- Working as a sex worker without a residence permit is illegal. All non-EU migrants without a residence permit can be expelled/deported.
- If a woman holds a residence permit or in any way legally resides in Italy, she cannot be deported for the sole reason of having worked as a prostitute.
|
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not certain when this will be the case. |
|
|
- Working as a barmaid, dancer or waitress without a residence permit and a work permit is illegal. If the woman works in any capacity not stated in the work permit, she will be obliged to leave the country.
- If a woman is caught working as a prostitute but holds a residence permit and also works in the capacity stated in her work permit, nothing happens.
|
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not certain when this will be the case. |
|
|
|
|
|
|
2. Working as a Sex Worker
|
|
Is sex work legal in Italy?
|
| Sex work, i.e. working as a prostitute (at the moment), as a dancer, as an entertainment worker etc. is not in itself a crime. |
|
Please note:
At the moment working as a prostitute is not a crime either, but this may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
| However, there are considerable restrictions — outlined below – on working as a migrant prostitute. These restrictions stem from an interplay between alien law, penal law and civil law. |
|
|
|
|
Working as a sex worker can be a crime
|
| Sex workers can be liable under criminal law, because tolerance, instigation, the permitting of prostitution and the recruitment of prostitutes are a crime, as is the exploitation of prostitutes.
The following are examples of punishable acts:
- the woman rents an apartment/room/house to another prostitute who works there
- the woman sells condoms to prostitutes, brings coffee or facilitates prostitution in any other way
- Soliciting in the streets is in itself illegal, but not a crime. However, soliciting in the streets in an openly aggressive way can be a crime (public indecency).
|
|
|
Please note:
Working as a sex worker without a work permit/residence permit is illegal, but not a crime. The woman can be expelled, but not penalised under criminal law.
|
|
| For women’s rights during criminal proceedings, see Prosecution. |
|
|
|
|
|
3. Payment
|
|
If the client does not pay
|
|
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 of obtaining her money?
|
|
| A prostitute does not have the right to receive payment from the client, even if there was an earlier agreement. Therefore, she may not fight for her money. She cannot either go to the police and ask for help nor can she go to court. The woman is not entitled to any damages. The client is not penalised for not paying, unless he uses physical violence. Note also that once he has paid, the client may not try to reclaim his money. Furthermore, insurance companies do not pay any damages incurred in prostitution or to prostitutes. A contract between a prostitute and a client is not legally enforceable, since sex work is not considered capable of being made the object of a contract. |
|
|
|
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 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 the amount of money they had previously agreed on, 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 obtain more, or indeed any money at all from the person she works for.
However, a prostitute who works for another person is by law a victim of exploitation. For more information, see Crime Victims.Waitresses, barmaids, show dancers and go-gos with a work contract do have the right to receive payment in exchange for working as a waitress, barmaid or dancer. To claim the money she earned as a waitress etc., the woman can go to the police for help and even go to court. She cannot claim money she earned as a prostitute!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. |
|
|
|
|
4. Workplace
|
|
A. In the Streets
|
| 1. Work Conditions |
Soliciting is illegal, but not a crime.
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
|
However, a prostitute working in the streets commits a crime if she acts in an openly aggressive manner. In this case she can be penalised.
|
Please note:
Street prostitution is often tolerated. Toleration depends on the region of Italy and on the residents of the area in question. |
|
|
In a few towns clients have to pay a huge fine if they stop their car in the street to communicate with a prostitute.
|
| 2. Time Restrictions |
Soliciting in the streets is always illegal, no matter at what time of day.
|
|
|
|
B. In a Brothel/Club
|
| 1. Work Conditions |
Brothels or sex clubs are illegal in Italy (Law 75/58 (“Legge Merlin“). This means working in a brothel or sex club as a prostitute or otherwise is illegal, but not a crime.
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
|
However, the person who runs the brothel/sex club commits a crime, since this is considered organisation and exploitation of prostitutes.
These restrictions are usually enforced. Toleration depends on the region of Italy as well as on the residents of the area where sex business is conducted.
|
| 2. Time Restrictions |
There are no particular time restrictions as regards working in a brothel/club, since it is illegal anyway.
|
|
|
|
C. In an Apartment
|
| Working as a prostitute in an apartment/room/house is illegal, but not a crime. |
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
| A person who rents an apartment/room/house to a prostitute, or who allows a prostitute to work there, can be penalised. |
|
|
Please note:
Sex workers themselves can be penalised if they rent their apartments/rooms to another prostitute.
|
|
| The reason for punishment is that renting an apartment/room/house to a sex worker is considered exploitation of a woman or recruitment/assistance/tolerance of prostitution, all of which are crimes. As a consequence, rent tends to be very high if the landlord knows that sex work is conducted.
These restrictions are usually enforced. Toleration depends on the region of Italy as well as on the neighbours of the apartment/house in question.
There are no restrictions as regards advertising. Only occasionally have newspapers been sued for their advertisements. This means that, in general, prostitutes and other sex workers can offer their services via newspapers, the internet and other media. |
|
|
|
|
D. As a Waitress
|
| 1. Work Conditions |
Working as a waitress is legal if the woman holds the appropriate permits (see Work Permit).
In reality, many women who are employed as waitresses / barmaids also engage in prostitution after working hours at the place where they usually work as waitresses. Recently, the police has started raiding these places more frequently. If a woman is caught working as a prostitute without a regular residence permit (“Permesso di soggiorno“), she will be expelled. However, if the woman holds a permesso di soggiorno she cannot be expelled / deported, even if she was working as a prostitute!
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
|
| 2. Time Restrictions |
The working relationship between a waitress / barmaid and her employer is subject to labour law. Any agreement which is not in accordance with time restrictions stated in labour law has no legal value.
|
|
|
|
E. As a Dancer
|
| 1. Work Conditions |
Working as a dancer / go-go with the appropriate permits is legal.
In reality, many women are employed as dancers and go-gos, but also work as prostitutes. If these women do so outside the locale or club, it is not illegal and they do not run the risk of prosecution.
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
|
However, if prostitution is organised indoors, e.g. inside a house, club, etc., the woman can face difficulties, since organising prostitution is illegal. If the woman is caught in a police raid she can be considered a victim or, alternatively, an accomplice. In the latter case, the migrant sex worker has to demonstrate that she is not involved in organising prostitution, otherwise she runs the risk of losing her residence permit (“Permesso di soggiorno“).
|
| 2. Time Restrictions |
The working relationship between a dancer / go-go and her employer is subject to labour law. Any agreement which is not in accordance with time restrictions stated in labour law has no legal value.
|
|
|
|
F. As an Employee
|
| Employing sex workers |
|
| Migrant sex workers in Italy 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? |
|
|
In Italy it is illegal to employ prostitutes. If a woman is employed as a prostitute the contract is null and void, hence the woman does not have a right to claim money etc. Moreover, employing a prostitute is considered exploitation. This means that anyone who asks a woman to work for him/her as a prostitute commits a crime. For this reason, prostitutes can only work on a self-employed basis.
|
Please note:
This may change in the future, as a new regulation criminalising prostitution may come into force. It is not known when this will be the case. |
|
|
Waitresses, barmaids and dancers can be employed with a regular contract. They are entitled to all workers’ rights.
|
|
|
