Sex Work – Greece

1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes

1. Work Permit

Who needs a work permit?

Most migrant sex workers cannot simply start working in Greece. They need an adequate work and/or residence permit. For details, please see the section migration.
Please note:
The Greek labour market will be open to all EU – citizens 
, including nationals of the 10 “new” member states, which acceded the EU in May 2004, i.e. they are allowed to enter and remain for the purpose of dependent salaried employment. Note that the access of nationals of the 10 EU member states 2004 may subsequently be limited, if the national labour market experiences a considerable oversupply of workers from these countries; this is not the case to date. However, new EU citizens may encounter difficulties in Greece and therefore should consult a lawyer.

Consequences of working without a permit

Staying and working in Greece without the adequate permits is illegal. It might have the following consequences:

  • the woman might lose whatever other permits she has,
  • she might be expelled and, consequently, deported,
  • she might be prohibited from re-entering the country,
  • she can encounter difficulties when trying to re-enter the country,
  • she can be held in detention for up to three months, until she is deported.

Also, it can be penalised as a crime to employ someone who has no proper permits.

2. Working as a Sex Worker

Is working as a prostitute legal in Greece?

In itself, neither working as a prostitute nor doing other kinds of sex work is illegal in Greece.

However, there are considerable restrictions on working as a prostitute, outlined below. These restrictions result from interplay between alien law and administrative law.

Health and Registration

Also, in Greece prostitutes have to register for health reasons: they must register with the health department of the regional (prefecture) authorities, with the municipal authorities and with the police.

Prostitutes have to undergo regular compulsory health checks. They cannot be forced to undergo these health checks but they will be deemed to have violated the criminal legislation on prostitution if they refuse.

Working as a sex worker can be penalised as a crime, if:

  • Working as a prostitute without having a “Certificate of Profession” is a criminal offence (Art.5, Par. 1 and 2, Law 2734/1999).
  • It is also a criminal offence if the woman has a “Certificate of Profession” but no “Permit of Residence in Specified Quarters in order to Exercise Prostitution” (Art.5 Par.2 Law 2734/1999).
  • It is also considered a crime to work in the streets (see Workplace)

For possible consequences, see Prosecution and Leaving Greece.

3. Payment

If the client does not pay

An example:
A woman who works legally in an apartment does not take the money in advance. Afterwards the client refuses to pay. What possibilities does the woman have to obtain the money?
If the client does not pay it will be very difficult to receive the money. No such cases have been brought before a civil court. At the moment the prostitute neither has the right to claim payment before a court, nor is the client penalised for not paying.

In addition, a woman who has no adequate work permit and who officially claims her money runs the risk of her illegal status becoming known to the police.

Please note:
If the client pays the woman in advance and if she does not offer her services she may be charged with fraud herself.

If the person the woman works for does not pay

An example:
A woman works in a brothel or a club and the client gives the money to a third person, e.g. to the person who runs the club. Before the third person gives the money to the woman, he deducts a percentage for himself or deducts the rent for the room, money for food etc. What happens if he does not pay her at all or if he deducts too much?
If this third person does not give her the money there is no way for the woman to demand payment through legal means. She has no right to claim the payment before a court.

She might file charges, however, against this third person, for pimping, pandering, or exploitation of prostitutes. She should be aware that this will not get her any payment.

Please note:
Although in practice a woman can seek protection without being charged with crimes, filing charges against the pimp always implies the danger of being charged with illegal prostitution herself or of a possible illegal status becoming known.

4. Workplace

A. In the Streets

It is illegal and considered a crime to work in the streets. Women who work in the streets may be

  • fined
  • penalised
  • imprisoned
  • it might also lead to her residence permit being withdrawn and to expulsion/deportation.

A woman who is caught working in restricted areas and is expelled/deported can also be forbidden from re-entering the country, and she can encounter difficulties when applying for any kind of new visa/permit.

Legal prostitution can only be practised in certain premises (buildings, houses, apartments) which must be authorised and located in certain areas specified by the local authorities.

In practice:
Nevertheless prostitution is in fact practised outside specified premises.
Street hustling is mainly located in large cities such as Athens and Thessalonica. In the rest of Greece especially in the rich rural provinces prostitution is mainly practised in bars, clubs etc.
State and police control is exercised to a varying extent and in varying ways. The variation is mainly due to local factors. An important issue regarding the treatment of prostitutes in Greece is corruption among public servants and police officials.

B. In a Brothel / Club / Window Prostitution

Sex work or prostitution in a brothel/club/window prostitution is illegal and considered a crime.

Women who work in these ways may be

  • fined
  • penalised
  • imprisoned
  • it might also lead to her residence permit being withdrawn and to expulsion/deportation.

A woman who is caught working in a brothel, a club or in window prostitution and who is consequently expelled/deported can also be forbidden from re-entering the country, and she can encounter difficulties when applying for any kind of new visa/permit.

Again, enforcement depends on the area.

C. In an Apartment

The only legal place to work as a prostitute is in an apartment.

To work legally the woman needs a “Certificate of Profession“. This is a general permit for working as a prostitute.

Please note:
Only a woman who is not married (including widows and divorcees) is able to receive a “Certificate of Profession” (general permit to work as a prostitute).
In order to receive this “Certificate of Profession” she first needs a valid residence permit (see Staying in Greece).

In addition to the “Certificate of Profession” she also needs an administrative permit (issued by the municipal authorities and the police) to reside in specified quarters. This permit is called “Permit of Residence in Specified Quarters in order to Exercise Prostitution“.
There are stringent restrictions as to the location: The apartments where prostitution can be exercised must not be in buildings near schools, churches, kindergartens, nursery schools, sport centres, libraries or similar places.

Only a maximum of three women is allowed to work in one apartment.
In this case it is also legal to rent an apartment to a prostitute.

If – for an example – a woman does not follow the restrictions such as working in an area where prostitution is allowed or 5 women instead of only 3 women working in one apartment, she can be punished with imprisonment of up to 2 years and might also lose her work permit and her residence permit. She also risks being deported (see Prosecution).

The landlord does not face consequences as long as the apartment is located in an area where prostitution may be practised and it is only the woman who violates these restrictions.

Please note:
Working as a prostitute can be restricted to certain times. As well as premises and areas, times are scheduled by the local authorities and police. If a woman works during restricted times she may be fined. It is considered an infringement of administrative law (Par.5 of Art.3 Law 2734/1999).
Enforcement depends on the area.

It is not permitted to place advertisements in newspapers or on television. Promoting prostitution is illegal.

D. As a Waitress or a Dancer

Working as a waitress or as a dancer is legal.

In reality, many prostitutes are employed as waitresses, barmaids or dancers, but in fact work as prostitutes.

Please note:
Working as a prostitute without the adequate permits or outside the specified premises is illegal and considered a crime.
Women who do not adhere to these rules may be

  • fined
  • penalised
  • imprisoned
  • it might also lead to her residence permit being withdrawn and to expulsion/deportation.

A woman who is caught and, consequently, expelled/deported can also be forbidden from re-entering the country, and she can encounter difficulties when applying for any kind of new visa/permit.

E. As an Employee

Employing sex workers
Employing women that are practising prostitution is illegal and penalised (article 350 P.C. on the economic exploitation of a prostitute by a man). In reality, though, migrant sex workers in Greece rarely work alone. Usually there is a person who runs the club, rents the room/apartment, takes the money from the clients etc. Other sex workers can be legally employed.

For the employer, employing prostitutes is a crime. The woman who is the employee does not face prosecution as long as she has a work permit and works in the specified premises.

“Employed” prostitutes do not enjoy the protection of labour laws because they are not considered to be employees, but independent self-employed professionals.

5. Taxes

A. Self-Employed

Self-employed sex workers have to pay taxes, under the tax scheme of self-employed persons.

The relevant authority is the Internal Revenue Service (services of the Ministry of Economics with local departments in every city).

B. Employees

Working as an employed prostitute is not possible because the employment of prostitutes is illegal in every respect. Women working legally as prostitutes are therefore considered to be self-employed and have to pay taxes under the according tax schemes.

Sex workers other than prostitutes have to pay taxes like any other employed person.

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