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

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PIVOT LEGAL SOCIETYreceiving part of the base fee, the worker is able to negotiate a “tip” with the client by offering sexualservices at various prices. In many cases, the worker keeps the entire “tip.”ii. Fees for both the introduction and the sexual services are split between worker and owner on apercentage basisThe business owner charges an all-inclusive flat rate for a period of time with an escort thatincludes payment for sexual services. At the outset, the client is informed of the services being offered.All-inclusive fees negate the need for any kind of negotiation between the worker and the client.Usually the fee is split evenly between the business and the sex worker. In this pay structure theworker’s earnings are proportionate to the number of clients that they see.An owner who participated in this study described the fee-split arrangement as a straightforwardfinancial arrangement between owner and worker. In her establishment, the split was 50-50. She saw the50 percent fee to the establishment as necessary to cover the work infrastructure she provides, includingphone answering, screening of clients on the phone, protection of anonymity, advertising, etc.In describing the disadvantages of this payment structure, one participant said that it reduced herautonomy by making it more difficult to control the types of services she provides, her flexibility interms of rates charged for different services, and her overall earnings.3. Hourly wageThe “all-inclusive” structure described above pay an hourly wage to the worker, but only forthe time the worker spends with clients. In this system, a sex worker can spend a great deal of timewaiting for clients without being paid. However, there was little support among our participants forthe idea of implementing an hourly wage. Many sex workers enjoy being able to control their work,and they sense that they can make more money by setting their own fees. For example, when askedwhether they would prefer an hourly rate, one escort explained that she would not, because it wouldbe hard to determine the hourly rate; she prefers to be able to tailor the fee to the particular serviceprovided, and the time spent with each client. She would limit the employer’s role to provision of asafe workplace.Another former sex worker suggested that a wage implies a loss of control, and that she would preferpaying a small fee to an employer, determining herself what to charge the client. She did, however,believe that an hourly wage would benefit older women who have less bargaining power than theiryounger competitors.One massage parlour worker reported being paid an hourly wage. As well as providing massagesand sexual services, she was required to clean the premises. As a massage attendant, she reported beingeligible for WCB, paying into CPP and EI, and earning B.C.’s minimum wage, even if there were nocustomers.4. Tips onlyIn some businesses, the workers earn only the amount that the client pays above and beyond theinitial introduction fee paid to the establishment. The client pays an initial fee for the massage orfor the appointment with the escort, and then the worker negotiates the sexual services that will beprovided for a “tip.” This means that if a client does not want any services above and beyond whatthey paid for at the outset, the worker does not earn anything.Several sex workers reported that, in their experience, they generally make more money under thetips-only system. However, the reality is that they can go to work and not earn anything if they do notget any clients. Further, if they have to pay fees to their employer while they are on the job, such as abooking-on fee, they may find themselves in a deficit. Nevertheless, many sex workers reported thatthey appreciate having control over the financial aspects of their work.30
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformWhen asked about these different types of financial arrangements, one business owner stated thatthe all-inclusive system is, on balance, the best for everyone. She explained that there are very highoverhead costs for establishments like hers, and that the room fee has to cover those. She reported thatgenerally, when workers determine their own fees, they are happy with the income levels they achieveoverall, even if on some days they do not take home any income.The legalities of all of these types of financial arrangement will be discussed throughout this report.31
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