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

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