Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in reply to its earlier comments.

1. The Committee previously noted the provisions of the National Defence Act (Act CX of 1993) concerning the obligation to perform short-term or long-term compulsory work for the purpose of national defence. It noted that, under section 133 of the Act, temporary (short-term) work for national defence (such as construction of defence systems, loading, life-saving, etc.) cannot last longer than seven consecutive days and asked the Government to indicate whether any time limits are provided for performance of long-term work for national defence and, if not, what guarantees are provided to ensure that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

The Government indicates, with reference to section 109 of Government Order 178/1993 (XII.27) and section 110, paragraph 1 (enforcement decree), that long-term work for national defence may take place for a fixed or an indefinite term, and that in the latter case it shall not exceed a period of a state of emergency declared in accordance with the Constitution. The Committee notes these indications and asks the Government to supply, with its next report, a copy of Act XXXVII on Civil Defence, of 1996, to which reference is made in the Government's report.

2. In its earlier comments the Committee noted that Act XVII of 1993 on the Amendment of Criminal Laws introduced into the Penal Code provisions concerning "public utility labour". It noted that, according to the new text of section 49 of the Penal Code, public utility labour as a penal sanction is performed, without deprivation of a person's freedom, at least one day per week, without remuneration, for a period of up to 100 days. The public utility labour may be replaced by confinement in prison, if the convicted person fails to fulfil his or her labour obligations.

The Committee notes the Government's indications in the report that the work to be performed as public utility labour must be of public interest and that the employer (which may be either a public institution or a business organization) shall observe the safety provisions and ensure the same working conditions as those enjoyed by workers employed on a basis of a contract; however, public utility labour is to be performed without any remuneration.

The Committee recalls that, under the Convention, convicts must not be hired to, or placed at the disposal of, private parties. It further considers that voluntary consent by the convict to working for a private employer is a necessary condition for such employment not to fall under the express prohibition of Article 2, paragraph 2(c), of the Convention. The Committee also considers that the work must be performed in conditions which not only observe the safety provisions and other working conditions but also guarantee payment of normal wages and social security, etc., comparable to those of free workers.

The Committee therefore requests the Government to indicate, in its next report, measures taken or envisaged to ensure the consent of convicts concerned to work for a private employer, such consent being free from the menace of any penalty, as well as ensuring that the conditions of employment include wages comparable to those offered to free workers.

3. Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.