|
|
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 the Netherlands; they need adequate permits. 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 do not need an employment permit. Please consider that the new EU countries still do need an employment permit for the Netherlands (excluding the citizens of Malta and Cyprus).
Non-EU migrants who want to work as prostitutes need a residence permit without restrictions on work. This permit can be obtained only through marriage, registered partnership or couples who are living together and are registered under the same address. A migrant sex worker cannot obtain a residence permit for the purpose of sex work. There is no specific employment permit – a precondition for obtaining a residence permit – for any type of work involving “sexual acts” or “sexual services” (whether self-employed or as an employee). (Para. 3 Dutch Alien Labour Law).Waitresses and barmaids need an employment permit in order to obtain a residence permit. This also applies to dancers and go-gos. However, in practice hardly any employment permits are issued for dancers or go-gos, because sexual acts or sexual services are not permitted. |
|
Please note:
There is a special regulation on the issue for citizens of the new EU countries that acceded the EU on the 1st of May 2004 (excluding Malta and Cyprus who do not need a working permit any more). Citizens of these countries are not entitled to a residence permit to enter the Netherlands for the purpose of dependent salaried employment. |
|
|
Please note:
An employment permit is issued for a specific employer. Working for another employer or working as a prostitute is illegal ! (see Migration)
|
|
|
|
|
Consequences of working as a prostitute without a residence permit without work restrictions
|
- Non-EU prostitutes who do not have a residence permit without work restrictions can loose their residence permit if caught working as a prostitute!
- Waitresses, barmaids and dancers with a residence permit and employment permit for work as a waitress, barmaid or dancer can lose their residence permit if caught working as a prostitute.
- Renewal of the residence permit can be refused.
- Without a residence permit, the woman has to leave the country.
- The woman may subsequently encounter difficulties when applying for any kind of permit.
For more details on expulsion/deportation and its consequences please see Migration. |
|
|
|
|
|
2. Working as a Sex Worker
|
|
Is sex work legal in the Netherlands?
|
| Working as a prostitute is in itself legal in the Netherlands. In October 2000, it was also made legal to employ sex workers and manage a sex business. However, there are still some restrictions, outlined below. |
|
|
|
|
Registration
|
| Self-employed sex workers must register at the tax office (“Belastingdienst“). Employed sex workers have to register only for health insurance; further registrations are the employer’s responsibility. |
|
|
|
|
Working as a sex worker can be a crime/offence as follows:
|
- A sex worker who does not pay tax commits an offence.
- A woman who works in the streets outside the zones of tolerance or beyond the times permitted for sex work commits an offence/infringement of law. She may be obliged to pay a fine.
- Working as a self-employed sex worker in a window brothel beyond the times permitted for sex work can be an offence/infringement of law. If the authorities consider this to be the case, the woman may be obliged to pay a fine.
- Working without an employment permit is not a crime. Thus, the woman will not be punished under criminal law; she may however lose her residence permit. Without a residence permit, she has to leave the country (see Work Permit). The employer or owner of a brothel can be punished if a woman works in his establishment without an employment permit.
For information on women’s rights in criminal proceedings see Prosecution. |
|
|
|
|
|
3. Payment
|
|
If the client does not pay
|
|
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?
|
|
| The prostitute has a right to claim and receive payment from the client, because the contract is legally valid.
In practice, prostitutes without adequate permits, hence NON-EU migrants (please see Migration “Without visa obligation” B.1) who do not have a residence permit without work restrictions run the risk of their (illegal) status becoming known to the police/alien labour law authorities if they claim their money by official means. Even if she employs a lawyer, the lawyer has to give the woman’s name and address to the 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 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 or if he deducts too much? |
|
| In principle, the contract between an employer and a prostitute is valid. This means that the prostitute has a right to receive and claim payment.
In practice, prostitutes without adequate permits, hence NON-EU migrants who do not have a residence permit without work restrictions run the risk of their (illegal) status becoming known to the police/alien labour law authorities if they claim their money by official means. Even if she employs a lawyer, the lawyer has to give the woman’s name and address to the court. |
|
|
|
|
|
4. Workplace
|
|
A. In the Streets
|
| 1. Work Conditions |
Sex work/prostitution in the streets is restricted to certain areas (zones of tolerance or “tippelzones“). Soliciting outside these zones of tolerance is an offence/infringement of law.
|
| 2. Time Restrictions |
Working in the streets in the zones of tolerance is permitted only at times specified by the municipality. If the woman works beyond the time permitted she commits an offence/infringement of law.
|
|
|
|
B. In a Brothel/Club/Window Brothel
|
| 1. Work Conditions |
Prostitutes and sex workers are allowed to work in licensed workplaces such as brothels, clubs and windows. The number of such licensed workplaces is restricted depending on the municipality.
Usually sex workers work on a self-employed basis in licensed workplaces. The owner of a licensed sex business can also employ sex workers. Employing sex workers who are younger than 18 years and sex workers who do not have a residence permit without work restrictions is illegal.
There may be no coercive or abusive prostitution in a licensed workplace, e.g. the prostitute should have autonomy to decide which services she wants to offer the client. (Otherwise the licence is withdrawn/not granted and the workplace no longer legal.) Sufficient hygiene and safety conditions must be fulfilled. These include a minimum working space, public safety and a fire escape.
|
| The sex business’s licence will be withdrawn/not granted if it employs persons without adequate work permits! |
|
|
| 2. Time Restrictions |
Times of work in licensed workplaces may be restricted to certain times, depending on the licence held by the owner of the sex business. Times at which sex businesses are allowed to open depend on the municipality.
Working as a self-employed sex worker in a window brothel beyond the times permitted for sex work can be an offence/infringement of law. If the authorities consider it to be an offence/infringement of law, the woman may be obliged to pay a fine. The owner of the window brothel can be punished.
If a woman employed in a brothel, or who works as a self-employed sex worker in a club, works beyond the times permitted, the employer/owner of the club can be punished.
|
|
|
|
C. In an Apartment
|
| Officially, it is assumed that people live in an apartment and do not conduct a business there. If a sex worker advertises her services and states the address of the apartment, the authorities will know that she conducts a business there. On the other hand, anyone who conducts a sex business needs a licence. Conducting a sex business without a licence is illegal.
Some municipalities tolerate sex work in apartments, others do not. In any case, the woman has to pay tax. |
|
|
|
|
D. As a Waitress
|
| Times of work in licensed workplaces may be restricted, depending on the licence held by the owner of the sex business. Times at which sex businesses are allowed to open depend on the municipality.
If a woman has a work permit to work as a waitress she is not permitted to work as a prostitute! If caught working as a prostitute, she may lose her residence permit. (See Work Permit). |
|
|
|
|
E. As a Dancer
|
| Times of work in licensed workplaces may be restricted, depending on the licence held by the owner of the sex business. Times at which sex businesses are allowed to open depend on the municipality.
If a woman has an employment permit for work as a dancer she is not permitted to work as a prostitute! If caught working as a prostitute, she may lose her residence permit (See Work Permit). |
|
|
|
|
F. As an Employee
|
| Employing sex workers |
|
| Migrant sex workers in the Netherlands rarely work alone. Usually there is a person who runs the club, rents her a room, 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? |
|
|
Usually sex workers/prostitutes are self-employed. Nevertheless, the owner of a licensed sex business may also employ sex workers/prostitutes. Employing sex workers/prostitutes without a residence permit without restriction on work, or sex workers/prostitutes who are younger than 18 years, is illegal!
In theory, employed sex workers/prostitutes who work legally in the Netherlands are entitled to all workers’ rights. However, it is not yet clear whether and how these rights will be enforced in practice. To date, in practice no prostitute in the Netherlands enjoys the protection of labour laws.
Waitresses, barmaids and dancers may be employed if they hold an adequate employment and residence permit. In theory, they are entitled to all workers’ rights.
An employer is penalised if
-
he/she employs an underaged person
-
he/she employs persons without a residence permit conferring the right to work
-
there is coercive or abusive prostitution, or
-
insufficient hygiene and safety standards in his establishment
-
he/she does not respect the time restrictions specified by the municipality
|
|
|
|
|
|
5. Taxes
|
|
A. Self-Employed
|
Prostitutes who do not work for an employer have to pay income tax and VAT to the municipal tax office. For this reason prostitutes have to register at the municipal tax office (“Belastingdienst“).
Failure to pay tax can be an offence! |
|
|
|
|
B. Working as an Employee
|
Income tax and other contributions are deducted directly from the prostitute’s earnings by the employer. The employer, not the prostitute, communicates with the income tax office.
Further deductions from earnings are: unemployment contributions, accident insurance and health insurance. |
|
|
