Beyond Decriminalization: Sex-work, Human Rights and a New ...

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PIVOT LEGAL SOCIETYWork-related supplies, expenses and clothingMany business expenses have to be paid to operate the sex industry. For example, escort agencyexpenses include office administration, reception and dispatch, advertising, transportation, security,and clothing. One escort agency owner described the types of expenses she pays to run her agency:102A. The ladies should buy and carry protection with them at all times, meaning condoms,and . . . if I wind up supplying those things then . . . when they go out to a hotel,they’re not used to having them on. As far as I’m concerned, they should be responsiblefor their own personal safety that way . . . sometimes people arrive withoutthem and I give them some. I do provide, like a very safe and discreet location to gettogether with people in and that’s very homey and very clean, and has showers andyou know, whatever you need in terms of comforts, music, lighting, etcetera. Andlately I’ve gotten a hold of a guy who does driving so that when ladies don’t have amethod of transportation of their own to get places he can do that for a reasonablecost. And sometimes I leave that completely up to the lady to pay for and sometimes Isplit it with her, and that’s sometimes a bit of a . . . I guess a security measure as well,knowing that he’s waiting for her and not far away.- female escort agency owner, former sex workerMany street-level sex workers rely on condom distribution by local social service organizations:Q. Do we need more organizations to supply street-level girls?A. Yes.Q. Condoms?A. Definitely, needed.A. Yes.A. The more, the better.- female street-level sex workersSeveral sex workers reported that some massage parlours do not provide any supplies other than cleantowels and a physical space in which to provide sexual services. Several workers stated that, in manyworkplaces, they disagreed with the requirement that workers provide their own condoms. Thereis little question that in the context of prostitution, condoms are an important form of “protectiveequipment.” As discussed in the section on Occupational Health and Safety, the WCA and the OHSRrequire employers to provide protective equipment:Q. Now did they give you condoms there?A. No, you have to have your own condoms.Q. So, were you using condoms?A. Yes, I did.- female off-street in-call sex workerSome sex workers felt that massage parlour owners also should provide security services:A. So, if its in a brothel, or something, if the boss is paying the electricity, the hydro,making sure that there are condoms, lube, making sure that all . . . everything issupplied. That there is no extra cost to the sex trade worker. All she has to do is showup. If everything is taken care of. Realistically, it is very expensive to be a sex tradeworker. Like it’s not a cheap business. So if the boss is taking care of everything, notforcing her, the woman, into the trade. Y’know, being scheduled, do you know what Imean? If it is run like a legitimate business, then all the woman is doing is coming . .. . And everything is supplied then, [the employer] should get part of [the earnings].- female off-street out-call sex worker
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformOne sex work business owner suggested that independent sex workers have a hard time covering theirbusiness expenses:A. You take a higher security risk . . . when you are [working independently] Y’know alot of girls will pay a driver to sit outside and wait for them – but that again, cuts intoyour bottom line. So financially, it isn’t always feasible, unless you are a very well paidperson in this industry, it may not be worth the financial commitment to pay a driver,to sit outside for an hour. Or half an hour, whatever the length of time the call is . . .Um – those are sort of the downsides. You have to pay all your own expenses when youwork independently. You have to pay your advertising costs, you have to pay for all yoursupplies.- female escort agency owner, former sex workerOther project participants felt that sex workers should provide some of their own work-related supplies:Q. Do you think there is anything an employer should have to provide, and if so, thenwhat sorts of supplies?A. Well, I think we don’t have to go too far. I think, if we’re all adults and we agree thatit’s decriminalized, then the employer could relax and say ok well now that it’s cool. Byall means, he should definitely provide, you know, the condoms, but when it comes toother things, each girl would probably carve out her own niche. One would maybe domassage, another one might do some spanking. And I think at that point, it’s, it’s likea welder. Welder has to come in and provide all his own tools and his own toolbox buthe uses the company logo, so, you know, you use the company condoms, but when itcomes to your little specialties, yes, it costs to provide that, and it doesn’t mean that youas a worker wouldn’t be well compensated because you would charge extra for thoselittle things that you provide anyway that are different from somebody else.- female off-street out-call sex workersThe repeal of the criminal laws surrounding prostitution could increase the bargaining power of sexworkers to negotiate better contractual terms relating to the provision of supplies. Also, it wouldprovide sex workers the benefit of the protections found in the ESA requiring that the employercover certain “business costs.” Section 21(1) of the ESA states that an employer must not require anemployee to pay any of the employer’s business costs except as permitted by the regulations. Thiscould mean that, unless an employer was able to argue that transportation, security, and supplieswere not business costs, the ESA would require that the employer pay for those costs, and it would beillegal to make deductions from an employee’s wages on that basis.The ESA provides that an employer who requires an employee to wear special clothing must,without charge to the employee, provide the special clothing, clean it, and maintain it in a good stateof repair. This means that if employers require sex workers to wear special clothing, the employer willbe responsible for providing it. It remains to be decided whether this might include items of clothing,such as lingerie, rubber gloves and fetish wear.TrainingThe ESA states that the employer is required to pay for any meetings or training that they directtheir employees to attend. 25 Where an employer requires an employee’s attendance on the employee’sregular day off, the employee may be eligible for overtime, minimum daily pay, or other entitlementsunder the ESA.25 A Guide to the Employment Standards Act, online: Employment Standards Branch .103
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