You are self-employed, therefore you determine:
- WHERE you work (in which brothel)
- WHAT you offer (which services)
- HOW MUCH money you charge for it
- WHEN, HOW LONG and HOW OFTEN you work and
- WHICH clients and customers you serve.
If the operator of a brothel controls all this for you, it is not proper self-employment and therefore illegal under Austrian work rights. In this case, please contact us or a trade union.
As with other services, neither the client nor the operator of a brothel determines how you work and what you offer. You determine what you offer and set the conditions. For example, you cannot
be required to offer a certain service without protection (condom, latex intimate protection cloth) or to work without protection in general.
Tips:
Before you start working, think carefully about what you want to offer.
Do not sign anything you do not understand.
Make sure that you keep all of your papers (ID, control card, insurance card, etc.) and do not give them to anyone else.
There are laws in Austria that protect you from violence and (sexual and labour) exploitation.
All of the following are forbidden and PUNISHABLE by law in Austria:
No one is allowed to force you into sexual services!
Neither you nor your family should be threatened!
You must not be forced to work without a condom!
No one may force you to engage in sexual practices that you do not want!
No one is allowed to take your wages/earned money!
No one is allowed to take your passport or health control card!
No one is allowed to force you into sex work if you want to do another job!
No one may force you to stay only in the prostitution establishment!
If you need help and support contact us. If it is an emergency, contact a police station near you or dial the emergency number 112.
During a police control you have extensive rights but also certain obligations.
You have to cooperate in establishing your identity (identification).
Foreigners, i.e. persons without Austrian citizenship, must always carry an original travel document (passport) and show it to the police.
You must also have the valid health control card with you and show it on request.
In general, you have the right to ask for the police officer's badge number. He or she must show you this number. What rights or duties you have depends on whether it is about compliance with
legal regulations (e.g. the compulsory examination and the existence of the health book) - then you will be asked as a so-called respondent. Or if it is about criminal proceedings (e.g. if you or
a colleague have been affected by sexual exploitation) - then you will be questioned as a witness.
Questioning/interrogation as a respondent:
If you are accused of violating a legal obligation (e.g. working without a health book or working outside licensed premises) you do not have to testify. However, please bear in mind that this
deprives you of the opportunity to defend yourself. You can be represented by a legal adviser or by another person of legal age as a confidant.
Questioning/interrogation as a witness:
If you are questioned as a witness, you are obliged to testify and must tell the truth. A false statement is punishable by law. But there are cases in which you may refuse to testify! (e.g. if
you would incriminate yourself or endanger yourself).
Do you understand too little German?
Please let us know if you need language mediation! Any person who cannot adequately communicate in the language of the proceedings has the right to receive translation assistance. Important
documents and indictments must also be translated. The state bears the interpreting costs incurred.
Have you received an administrative fine?
In the case of administrative and financial penalties (e.g. because you are not registered or cannot provide proof of the control examinations) you have the right to appeal.
Penalty order: You can lodge an appeal within two weeks. The authority that issued the penalty order will then conduct its own investigation to determine whether the punishment was justified. If
the proceedings are discontinued, you will receive written notification of this. If the proceedings are not discontinued, the official decision is issued as a penalty decision.
Penalty decision: You can lodge an appeal within four weeks. The Administrative Court will then examine whether the punishment was justified. The administrative court decides on this with a
finding.
IF YOU HAVE ANY QUESTIONS ABOUT THIS, PLEASE CONTACT US.
What is human trafficking? When a person migrates on the basis of false promises, deception or fraud and is forced into a situation of coercion in the country of destination, when they are forced
to perform services, when they are deprived of their dignity, personal or sexual integrity by husbands or employers.
If this is the case, please contact Lefö/IBF: