Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous observation, the Committee referred to the draft Royal Decree to govern the labour relations of convicts in prison and noted that this draft had not been given statutory effect. since the General Organic Prison Act and the Prison Regulations contained sufficiently broad and systematic regulations to give prison labour an adequate legal framework.

The Committee also noted the comments made by the Trade Union Confederation of Workers' Committees concerning the need to adopt special regulations respecting the free and remunerated labour of prisoners in order to improve observance of the Convention.

In its last report, the Government once again states that the above draft was not adopted and that it is now no longer possible to adopt it as the legal time-limit for doing so has passed and it would be necessary to issue the legal power to do so once again. Prison labour will therefore continue to be governed by the General Organic Prison Act (Act No. 1/79) and the Regulations thereunder (RD No. 1201/81).

The Committee refers to section 183 of the Prison Regulations under which all convicts are obliged to work in accordance with their physical and mental capacity. The same Regulations lay down the procedures for work under an open system and through an ordinary system of contracting labour to private enterprises. In previous comments, the Committee recalled, as it indicated in paragraphs 97 to 99 of its 1979 General Survey on the Abolition of Forced Labour, that the work of prisoners in the service of private employers is not compatible with the Convention, unless it is performed under the conditions of a free employment relationship, namely, based on the explicit consent of the persons concerned and subject to certain guarantees, particularly regarding wages and social security, consented to in appropriate cases by the trade unions concerned.

In its report, the Government states that productive prison labour is subject to the labour legislation (sections 185(1)(c) and 185(2)) which implies that it is performed on a voluntary basis and that the specific standards contained in the Regulations are applied.

The Committee notes the comments submitted by the Trade Union Confederation of Workers' Committees on the application of the Convention, in which it alleges that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. It adds that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

The Committee notes that the free consent of prisoners when working for private enterprises is not clearly established in the Prison Regulations. Furthermore, by referring explicitly to the termination of the employment contract of prisoners under the open system, which is to be governed by the normal labour legislation (section 188) and by categorically establishing the voluntary nature of labour for persons detained pending trial, the Regulations appear to confirm that labour is compulsory for convicts.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to establish the voluntary nature of labour in private enterprises for convicts, i.e. that they should give their explicit consent and that it should be under the conditions of a free employment relationship. The Committee also requests the Government to supply copies of agreements that have been signed between prison institutions and private enterprises and any other relevant information concerning the conditions of employment of convicts who work for private enterprises.