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Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Federación de Rusia (Ratificación : 1956)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Federación de Rusia (Ratificación : 2019)

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Article 2(2)(c) of the Convention. Prison labour. In its earlier comments, the Committee noted that section 103 of the Code on the Execution of Penal Sentences provides that convicted persons are under an obligation to perform labour, such labour being exacted from them by the administration of penitentiary institutions at enterprises of such institutions, at state enterprises, or at enterprises of other forms of ownership. The Committee also noted that pursuant to section 21 of Act No. 5473-I (21 July 1993) on the institutions and bodies for the execution of penal sentences involving deprivation of freedom, compulsory labour may be exacted from convicted prisoners at enterprises of any organizational or legal form, even if such enterprises do not belong to the system of the execution of penal sentences and are located out of the place of penitentiary institutions. In the latter case, compulsory labour will be exacted on the basis of a contract concluded between the administration of penitentiary institutions and the enterprises concerned. Regarding the conditions of work of convicted prisoners, the Committee noted that, under sections 103–105 of the Code on the execution of penal sentences, their hours of work and rest periods, occupational safety and health, as well as remuneration (leaving room for deductions and attachments) are governed by the general labour legislation. In this regard, the Committee observed that while prisoners’ conditions of work may therefore be considered as approximating those of a free labour relationship, the legislation does not require the free informed, formal consent of prisoners to work for private enterprises.
The Committee notes the Government’s statement that labour is one of the main means of reforming convicted persons. The Government also states that prisoners are engaged to work only in accordance with the general provisions of labour law. Nonetheless, the Government further states that the legislators have the right to restrict the application of general labour law provisions when regulating the execution of criminal penalties.
The Committee recalls that Article 2(2)(c) of the Convention strictly prohibits that prisoners are hired to, or placed at, the disposal of private enterprises. However, work for private enterprises can be held compatible with Article 2(2)(c) if prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the free informed, formal consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages, social security and occupational safety and health. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved. Therefore, noting that the legislation permits work to be carried out by prisoners for private enterprises, the Committee requests the Government to indicate if, at present, prisoners perform work for private companies in practice. If so, the Committee requests the Government to take the necessary measures to ensure that this work is only permitted with the voluntary consent of the prisoners concerned, such consent being formal, informed and free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard.
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