Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in reply to its general observations of 1998 and 2000.

The Committee notes the Government’s indications concerning the work of prisoners for private employers. The Government indicates that, as regards work carried out outside penitentiary institutions by detainees who reside in an open penitentiary institution, the contract with the employer is concluded by the institution itself, but the detainees have no terms of employment with the employer concerned. The detainees receive remuneration for the work carried out for the institution, which is considerably higher than that earned in the closed institutions, but lower than remuneration that can be earned by free workers. Persons who reside in an open penitentiary institution and who refuse to work are returned to a closed institution.

The Committee refers to paragraphs 10 and 11 of its 2001 general observation concerning prison labour, in which it pointed out that, in order to comply with the Convention, the work of prisoners for private companies requires the freely given consent of the workers concerned, without the menace of any penalty; furthermore, in the context of a captive labour force having no alternative access to the free labour market, such free consent needs to be authenticated by arm’s length conditions of employment approximating a free labour relationship, such as the existence of a labour contract between the prisoner and the private company and free labour market oriented conditions regarding wage levels (leaving room for deductions and attachments), social security and safety and health.

The Committee therefore requests the Government to provide, in its next report, information regarding conditions of work of detainees who reside in an open penitentiary institution and carry out work outside the institution, indicating in particular the applicable levels of wages (as compared to those of free workers), as well as conditions with regard to hours of work and rest periods, occupational safety and health and social security. Please also supply copies of relevant rules and regulations, as well as sample contracts concluded by a penitentiary institution with the employer.