Rights and obligations

A fundamental right that applies to all sex workers – self-employed, salaried, and opting-in – is that you decide for yourself how you have sex with your clients, and which clients you want and which you do not.

Other rights:

• You have a right to privacy – information that, for example, a colleague, your GP, the municipal health service (GGD), an employer, the Tax and Customs Administration, the Chamber of Commerce, etc., has about you may not be shared with others without your consent.
• You have the right to a safe working environment
• You can choose your own doctor.
• You can decide for yourself where and when you want to be tested for STIs
• You can decide for yourself whether to use alcohol or drugs at work
• You are permitted to work as a sex worker from the age of 18
• You can decide for yourself how many hours you work (this does not apply to paid employment)
• You are entitled to clear agreements with an employer in the case of salaried employment and opting-in.

Are you working as a sex worker against your will? Or is someone you know? Ask for help! 

To manage your finances, you will need a bank account. The fact that you are a sex worker cannot and should not be a reason for a bank to refuse you as a client.

You have the right to open a basic bank account if you:

• are 18 or above
• have a permanent or temporary place of residence  in the Netherlands or
• have a postal address at a recognised relief organisation or government agency
• can present valid ID.

If a bank refuses you as a client, ask for help at a citizen’s advice organisation (usually free of charge) or discuss the matter with the social organisation that works with the municipal health service (GGD) where you are having your STI test done.

In the case of paid employment, you have an employer. This is usually the operator of the brothel, club or private home where you work. Your employer sees to your payroll administration, tax obligations and any permits you need.

Your employer must be licensed and registered with the Chamber of Commerce. As a sex worker in paid employment, you do not need to have an individual licence or to be registered with the Chamber of Commerce.

Rights in the case of paid employment

In addition to your general rights, there are specific rights that apply when you are in paid employment:

• You are entitled to a copy of your employment contract (only in Dutch). Read it carefully and only sign if it is clear and you agree with it
• You have the right to work for another employer simultaneously, unless your employment contract states that this is not permitted.
• You are entitled to the statutory minimum wage and holiday allowance
• You are entitled to a payslip with information about the composition of the amounts withheld from your salary
• You are entitled to continued payment of wages if you are ill
• You are entitled to paid holidays (at least four weeks per year)
• Female sex workers are entitled to 16 weeks’ paid maternity leave.

If you work under the opting-in system, your rights (and obligations) and those of the operator/employer are laid down in a contractMake clear agreements about the content of the opting-in contract!Have everything written down, for example: Your earnings and working hours What and how much is withheld and paid Additional work/extra work per client, earnings that you may keep for yourself The distribution of turnover. The operator is not allowed to deduct extra money from your share. but you’re not in paid employment as a sex worker. It is an intermediate form of self-employment and paid employment.

The operator/employer has an agreement with the Tax and Customs Administration (only in Dutch) under which the operator withholds the tax and contributions from your income and pays them to the Tax and Customs Administration  and the UWV Employee Insurance Agency.

Your employer must be licensed and registered with the Chamber of Commerce. As a sex worker under the opting-in system, you do not need to have an individual licence or register with the Chamber of Commerce.

Rights in the case of opting-in

In addition to your general rights, specific rights apply to opting in:

• You have the right to a clear contract and a copy of it
• You may also work for another operator under an opting-in contract
• You may keep the extra earnings you receive from a client for additional work
• You are not obliged to do any jobs you do not want to do.

All sex workers in the Netherlands – self-employed, in paid employment, and under opting-in – must pay taxes.

Other obligations:

• You must have valid residence status
• You need a registration address
• You must have a Citizen Service Number (BSN)
• You need your own bank account number
• If you are self-employed, you must register with the Chamber of Commerce
• You must register with the Tax and Customs Administration
• At the time of writing (October 2020), some municipalities require you to apply for a work permit, others do not. You will need to make enquiries.

In addition to your general obligations, you are subject to specific obligations if you are in paid employment.

Obligations of paid employment

• You must stick to the work schedule
• You must abide by the agreements in your employment contract – only in Dutch (this could be about the clothes you wear at work, for example)
• You need to make sure you meet the conditions for employment as a sex worker.

In addition to your general obligations, you are subject to specific obligations if you work under the opting-in system.

Obligations for opting-in

• You need to make sure you meet the conditions for employment as a sex worker.
• You must keep to the contractual agreementsMake clear agreements about the content of the opting-in contract!Have everything written down, for example: Your earnings and working hours What and how much is withheld and paid Additional work/extra work per client, earnings that you may keep for yourself The distribution of turnover. The operator is not allowed to deduct extra money from your share.