Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous observation, the Committee noted that the Prison Regulations (RD No. 1201/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

The Committee noted the comments submitted by the Trade Union Confederation of Workers' Committees concerning the application of the Convention, in which the above organisation alleged that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. The Confederation also indicated that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

In its report the Government again states that productive prison labour is subject to the labour legislation (sections 185(1)(c), 185(2), 186(1), 189 and 191 of the Prison Regulations), implying that it is performed on a voluntary basis and that the specific standards contained in the Regulations are applied.

So that it can ascertain the current situation with regard to practice, the Committee asks the Government to provide copies of agreements that have been signed between prisons and private enterprises, of contracts signed between prisoners and private enterprises, and any other relevant information on the conditions of employment of convicts who work for private enterprises.

The Committee also asks the Government, so as to avoid any ambiguity, to take the necessary measures to establish the voluntary nature of labour by convicts in private enterprises, i.e. with regard to their explicit consent and the conditions of a free employment relationship.