WoMan at Work. InformatIon regarding activity In Sexual ServIceS In upper austria

Transcription

1 en WoMan at Work InformatIon regarding activity In Sexual ServIceS In upper austria

2 Information regarding Activity in Sexual Services in Upper Austria

3 WoMan at Work Table of Contents 01 Legal Work in Sexual Services / Prostitution Taxation Insurance Checks Advice Centres and Information for Sex Workers... 12

4 01 Legal Work in Sexual Services / Prostitution In Austria, the provision of sexual services is legal subject to certain prerequisites. In Upper Austria (Oö) these are governed by the Sexualdienstleistungsgesetz (Oö. SDLG), a special law for sex work. Prerequisites in Upper Austria: Age of majority: 18 years Lawful residence: Non-Austrians and non-eu citizens can make an application for the visa D+C at an Austrian embassy in their country of origin. The visa D+C may, under certain circumstances, be issued for short-term self-employed activity (maximum 6 months). The exercise of a sexual service falls under the definition of a self-employed activity. A tourist visa does not entitle you to exercise a gainful activity. If you are checked by the (aliens ) police and found to be without a valid residence permit or visa for the respective place of work, you are committing a criminal offence. You must not be under guardianship. Exercise at a legal place of work: Places of work with a brothel permit (e.g. brothels, walk-in brothels [Laufhäuser], studios) and home visits. Home visits are permitted under the proviso that no minors (persons aged under 18) are present in the flat / room at the time the sexual service is exercised. 4

5 Registration at the responsible municipal authority [Magistrat] or the responsible district administrative authority [Bezirksverwaltungsbehörde, BVB]. The keeping of a health book: The health book / known colloquially as «der Deckel» is issued by the municipal authority or district administrative authority (BVB) medical service / public health office department. A stamp is placed in the health book every week by the municipal authority or BVB if the statutory mandatory examinations gonorrhoea (clap) weekly HIV and syphilis every 6 8 weeks TBC (lung X-ray) once a year have been carried out and no such diseases are present. The health book must be carried with you at all times and produced for checking at the request of the police. The costs for the obligatory examination vary in Upper Austria and the examinations can be conducted by gynaecologists and dermatologists. You can find out which doctors carry out this examination by asking the respective public health office (see Appendix p. 14 Public health offices) or the responsible advice centres (see Appendix p. 12 Advice centres). The advertisement of unsafe sex practices is prohibited! In Linz and Steyr the obligatory examination for sex workers, who are registered there (have their place of work or residence there), is offered free of charge by the municipal authority, public health office department. More detailed information about this can be obtained from the respective public authority or BVB (see Appendix p. 14 Public health offices) or from the responsible advice centres (see Appendix p. 12 Advice centres). Those holding permits must appoint at least one responsible person and define their area of responsibility in writing. If you are appointed as a responsible person, you have to consent to your appointment explicitly. Responsible persons must then be registered in writing with the municipality by the permit holder. Certain obligations thus also result for the responsible person. 5

6 02 Taxation Anyone who earns income in Austria is under a statutory obligation to pay taxes. Sex workers are defined as so-called «new self-employed persons». In Upper Austria there is so far no uniform regulation of how taxes on sexual services have to be collected. As a sex worker, you thus have different possibilities for paying taxes Contact your responsible tax office to find out which possibility is accepted. Flat-rate taxation: In Upper Austria the official flat rate is 250 per month. The taxation flat rate is applied to an income of approx. 1,300. If you only work part time, e.g. only one week a month or only at weekends, it is advisable to contact the responsible tax office about this. The flat rate can be paid under a sub-tax number or collective tax number [Sammelsteuernummer]. Sub-tax number: Normally, the respective operator keeps a list of those providing sex services working there. With this variant, the operator collects the taxation flat rate from them at the start of the month (at the latest the 10th of the respective month) and passes it onto the tax office. Ask the operator for a confirmation of the amount of tax paid in for you. You can also call the responsible tax office to ascertain whether your name is on the list and that the flat rate for you was passed onto the tax office. If you begin to work after the 10th of a month, the operator must notify the tax office about this immediately. 6

7 Collective tax number: You pay the flat-rate tax directly to the tax office by means of your own paying-in slip to a collective tax number The respective collective tax number and the account number can be obtained from the responsible tax office of your district. Important: Retain the paying-in receipts so that you can produce them in the event of checks by the financial police. Own tax number: You can also work with your own tax number. You obtain this tax number from the responsible tax office. However, you have to keep a revenue and expenditure account and submit an income tax return to the responsible tax office annually. The tax office than calculates how high your taxes are. You can obtain more detailed information about this from a tax office or tax adviser, who may also be of help to you in preparing your income tax return. The tax office cannot issue a proof of income for sex workers on the basis of the taxation flat rate. However, there is also the possibility to demand a confirmation of the paid-in taxes. However, the tax office is under no obligation to issue this. Checks: Officials of the tax office acting as so-called «financial police» visit premises to carry out checks there. Checks may take place at any time of day or night. Both the operators and sex workers are checked. During the checks, the list of names kept by the operator and the people present and their names are checked. If you pay in the taxation flat rate yourself to the collective tax number of the tax office, you should be able to produce the paying-in receipts. You may also be asked by the financial police who the «boss» is, who determines your working hours, who specifies the prices, etc. This is done in order to check a possible «bogus self-employment» (circumvention of an employment relationship). 7

8 03 Insurance In Austria there is compulsory insurance for all self-employed and employed persons. As of a certain level of income ( 6, per calendar year *) you are, as a self-employed person, legally obliged to make insurance contributions to Social Security Fund for Trade and Industry [Sozialversicherungsanstalt der gewerblichen Wirtschaft, SVA] in all three parts of social insurance (health, accident and pension insurance). The advantage of statutory social insurance as compared to insurance from a private insurance company is that each self-employed person has to be included, regardless of whether they suffer from illnesses or not. Moreover, there are no grounds here for exclusion (e.g. venereal diseases), i.e. individual illnesses cannot be excluded from the insurance cover. No health tests or questionnaires are required for registration. The scope of cover is the same for ever insured person, depending on the activity exercised. The insurance cover begins immediately, i.e. as soon as an insurance declaration (specifying the income to be expected) is filled in and submitted. Pension insurance: a claim to pension insurance exists after 15 years of insurance contributions have been paid in. Within the EU, the pension insurance periods are credited. Those who, with or without their own tax number, can earn income below the insurance threshold of 6,453.36, can have themselves insured voluntarily with the SVA or with a private insurance company. 8

9 Voluntary health insurance with the SVA (opting in): if the insurance threshold of 6, per calendar year * is not exceeded, it is possible to conclude voluntary health and accident insurance. The costs of voluntary health insurance are about 50 a month. The insurance cover begins from the first working day stated on the form if registration takes place within a month of the start of work. For opting in, an insurance declaration must be submitted to the SVA (available from the SVA and at At the SVA a deductible of 20 % of the costs of treatment (contract tariff) must be paid for outpatient services (medical treatment). For treatment in hospitals, a daily contribution towards hospital costs (daily rate) must be paid to the hospital. Private health insurance: Sex workers below the insurance threshold can also decide to conclude health insurance from a private insurance company if it accepts sex workers. Unfortunately, there are also some insurance companies that do not accept people offering sexual services. Private health insurers often exclude HIV / AIDS and venereal diseases from the insurance policy. The costs of treatment for these diseases are not covered! It is important to read through the insurance policy carefully and ask any questions you may have. Co-insurance: is only possible if you are working as a person who is neither employed nor self-employed. In this case, you have the possibility, if your spouse / life partner has statutory social insurance, to be co-insured. You are defined as a life partner if you have shared a joint residence for more than 10 months (regardless of whether this is your main or secondary residence). The co-insurance is available either free from contributions or against the payment of contributions (3.4 % of the contribution basis of the insured person). More detailed information about this can be obtained from the respective social insurance authorities. * This contribution relates to the calendar year 2013 and changes annually. 9

10 03 Insurance General self-insurance at the District Health Insurance Fund [Gebietskrankenkasse, GKK]: it is possible to conclude self-insurance with the District Health Insurance Fund. The prerequisites for this are residence in Austria and having no existing compulsory insurance with a statutory health insurer in another EU member state. Persons whose insurance under the Social Insurance for Proprietors Act [Gewerblichen Sozialversicherungsgesetz, GSVG] recently included health insurance can only apply for self-insurance with the GKK after 60 calendar months from having left this insurance. A claim to insurance cover only exists after 6 months. After the lapse of these 6 months, all health treatment costs are not covered! 10

11 04 Checks Police checks: Checks or raids may take place for different reasons. The following may be checked: The residence permit The keeping of a health book Whether sexual service take place on site (on premises without brothel licences) On the assumptions that an offence has been committed These checks are often preceded by the identification of persons. The following identifications of persons exist: Identification of persons in accordance with the Security Police Act [Sicherheitspolizeigesetz, SPG]: you must state your name, date of birth and current registered address Identification of persons in accordance with the Aliens Police Act [Fremdenpolizeigesetz, FPG]: you must state your name, date of birth, current registered address and nationality Identification of persons in accordance with the Code of Criminal Procedure [Strafprozessordnung, STPO]: you must state your name, gender, date of birth, place of birth, current registered address, nationality and profession The criminal police may also take of a photo of you, but you first have the right to put dress. They may also determine your height, record your voice and take your fingerprints if this is necessary to determine your identity. You must be informed which type of identification is taking place. Only original IDs and papers (health book, passport) are accepted by the police. 11

12 04 Checks The police can also ask you whether you perform sexual acts for money, who the operator is, whether you have fixed working hours, how much you have to pay to the operator, etc. You are obliged to cooperate with the authorities. You must answer questions unless in doing so you incriminate yourself. If you have to accompany the police to a police station, you can ask whether you can take a person you trust with you. It is helpful to write down the content of the interview after it has taken place. Summary of your most important rights and obligations Your rights: You have the right to demand the ID number of the responsible official. He or she must also tell you that number. You can also request an interpreter. Within the course of criminal investigations, the right to help with translation is only available to the person to be questioned. As an accused person, you need not make any statement. As a witness, you must make statement unless in doing so you incriminate yourself. not sign any protocols / documents that you do not understand or which are not correct. You have the right to be given a copy of the protocol of your statement. The police may only gain access to your private flat if they have a search warrant. If they do not, you do not have to let them into your flat. Your obligations: To state your name, date of birth, place of birth and current registered address. Under the Aliens Act [Fremdengesetz, FRG], Non-Austrians are obliged to carry their travel document (passport) with them and also to produce it to the police. Any person concerned is obliged to cooperate in the establishment of his or her identity and tolerate the immediate conduct of the establishment of their identity. As a witness, you must make statement unless in doing so you incriminate yourself. You are obliged to carry your valid health book with you. You must comply with the law. 12

13 05 Advice Centres and Information for Sex Workers Emergency phone numbers: Police 133 Rescue 144 Fire service 122 European emergency number 112

14 05 Advice Centres and Information for Sex Workers Advice centres for sex workers LENA Beratungsstelle für Menschen die in der Prostitution / den sexuellen Dienstleistungen arbeiten / gearbeitet haben (Advice centre for people who work / have worked in prostitution / sexual services) Steingasse 25/2, 4020 Linz lena@caritas-linz.at maiz Sex and Work Hofgasse 11, 4020 Linz maiz@servus.at SOPHIE Bildungsraum für Prostituierte (Place of Education for Sex Workers) Oelweingasse 6 8, 1150 Wien sophie@volkshilfe-wien.at LEFÖ-IBF Interventionsstelle für Betroffene von Frauenhandel (Intervention Center for Trafficked Women) Floragasse 7a/7, 1050 Wien ibf@lefoe.at Women s Service Graz Projekt SXA Information und Beratung für Sexarbeiterinnen und Multiplikator_innen (Information and Counselling for Sex Workers and Facilitators) Lendplatz 38, 8020 Graz office@frauenservice.at Frau & Arbeit GmbH Frauenservicestelle PiA Information & Beratung für Sexarbeiterinnen (Women s Service Centre PiA Information & Counselling for Sex Workers) Franz-Josef-Straße 16, 5020 Salzburg office@frau-und-arbeit.at Caritas Talitha Beratungsstelle für Sexdienstleisterinnen und Opfer von Menschenhandel (Advice Centre for Sex Workers and Victims of Trafficking) Sandwirtgasse 2, 9010 Klagenfurt oder sr.smallmann@caritas-kaernten.at Caritas RAHAB Unterstützung für Prostituierte (Support for Sex Workers) Südbahnstraße 1a, 6020 Innsbruck bsd.caritas@dibk.at menschen-in-notberatung/wohnungslos/bahnhofsozialdienst 14

15 Tax offices in Upper Austria Finanzamt Linz / Stadt und Land (FA46) (Tax Office Linz / City and Greater Area) Bahnhofplatz 7, 4020 Linz Finanzamt Grieskirchen und Eferding (FA54) (Tax Office Grieskirchen and Eferding) Manglburg 17, 4710 Grieskirchen Finanzamt Kirchdorf/Krems (FA51) (Tax Office Kirchdorf/Krems) Pernsteinerstraße 23 25, 4560 Kirchdorf/Krems Finanzamt Rohrbach (FA52) (Tax Office Rohrbach) Linzer Straße 15, 4150 Rohrbach Finanzamt Freistadt (FA52) (Tax Office Freistadt) Schlosshof 2, 4240 Freistadt Finanzamt Braunau (FA41) (Tax Office Braunau) Stadtplatz 60, 5280 Braunau am Inn Finanzamt Gmunden (FA53) (Tax Office Gmunden) Tagwerkerstraße 2, 4810 Gmunden Finanzamt Wels / Stadt und Land (FA54) (Tax Office Wels / City and Greater Area) Dragonerstraße 31, 4601 Wels Finanzamt Steyr / Stadt und Land (FA51) (Tax Office Steyr / City and Greater Area) Handel-Mazzetti-Promenade 14, 4400 Steyr Finanzamt Perg (FA51) (Tax Office Perg) Herrenstraße 3, 4320 Perg Finanzamt Urfahr (FA52) (Tax Office Urfahr) Bahnhofplatz 7, 4020 Linz Finanzamt Ried/Innkreis (FA41) (Tax Office Ried/Innkreis) Friedrich-Thurner-Straße 7, 4910 Ried/Innkreis Finanzamt Schärding (FA41) (Tax Office Schärding) Gerichtsplatz 1 2, 4780 Schärding Finanzamt Vöcklabruck (FA53) (Tax Office Vöcklabruck) Franz-Schubert-Straße 37, 4840 Vöcklabruck

16 05 Advice Centres and Information for Sex Workers Public health offices and medical services Gesundheitsamt der Stadt Linz (Public Health Office of the City of Linz) Hauptstraße 1 5, 4041 Linz Gesundheitsamt der Stadt Wels (Public Health Office of the City of Wels) Rot-Kreuz-Straße 3, 4600 Wels Gesundheitsamt der Stadt Steyr (Public Health Office of the Town of Steyr) Pyrachstraße 7, 4400 Steyr Sanitätsdienst Urfahr Umgebung (Medical Service of Urfahr Area) Peuerbachstraße 26, 4041 Linz Sanitätsdienst Rohrbach (Medical Service of Rohrbach) Am Teich 1, 4150 Rohrbach Sanitätsdienst Perg (Medical Service of Perg) Dirnbergerstraße 11, 4320 Perg Sanitätsdienst Ried im Innkreis (Medical Service of Ried im Innkreis) Parkgasse 1, 4910 Ried im Innkreich Sanitätsdienst Vöcklabruck (Medical Service of Vöcklabruck) Sportplatzstraße 1 3, 4840 Vöcklabruck Sanitätsdienst Grieskirchen (Medical Service of Grieskirchen) Manglburg 14, 4710 Grieskirchen Sanitätsdienst Linz Land (Medical Services Linz Greater Area) Kärntner Straße 16, 4021 Linz Sanitätsdienst Wels Land (Medical Service of Wels Greater Area) Herrengasse 8, 4602 Wels Sanitätsdienst Steyr Land (Medical Service of Steyr Greater Area) Spitalskystraße 10a, 4400 Steyr Sanitätsdienst Freistadt (Medical Service of Freistadt) Promenade 5, 4240 Freistadt Sanitätsdienst Kirchdorf/Krems (Medical Service of Kirchdorf/Krems) Garnisonstraße 1, 4560 Kirchdorf/Krems Sanitätsdienst Braunau (Medical Service of Braunau) Hammersteinplatz 1, 5280 Braunau Sanitätsdienst Schärding (Medical Service of Schärding) Ludwig-Pfiegl-Gasse 11 13, 4780 Schärding Sanitätsdienst Gmunden (Medical Service of Gmunden) Esplanade 10, 4810 Gmunden Sanitätsdienst Eferding (Medical Service of Eferding) Stefan-Fadinger-Straße 2 4, 4070 Eferding

17 Insurance SVA Sozialversicherungsanstalt der gewerblichen Wirtschaft (Social Security Fund for Trade and Industry) Mozartstraße 41, 4010 Linz OÖGKK Oberösterreichische Gebietskrankenkasse (Upper Austrian District Health Insurance Fund) Gruberstraße 77, 4021 Linz Miscellaneous Gewaltschutzzentrum OÖ (Upper Austrian Centre for Protection of Women Against Violence) Stockhofstraße 40 (Entrance Wachreinergasse 2), 4020 Linz Autonomes Frauenzentrum (Autonomous Women s Centre) Starhembergstraße 10/2, 4020 Linz hallo@frauenzentrum.at Frauenhaus Linz (Women s Refuge Linz) Postfach 1084, 4021 Linz (24h emergency number) office@frauenhaus-linz.at Aidshilfe Oberösterreich (Aids Help Upper Austria) Blütenstraße 15/2, 4040 Linz office@aidshilfe-ooe.at Kontaktstelle zum Land Oberösterreich (Contact Point to the Federal Government of Upper Austria) Directorate of Internal and Municipal Affairs, Administrative Police Group Bahnhofplatz 1, 4021 Linz or pol.ikd.post@ooe.gv.at 17

18 Imprint: Responsible for the content: Mag.a Katharina Tautscher in cooperation with the Caritas advice centre LENA Proofreading: Dr. Martin Ross Graphics: Michael Reindl, MA Printing: Gutenberg Linz 1st edition, 2013 With the kind support of the Upper Austrian Federal Government

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