Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to section 720 of the Code of Criminal Procedure, as amended in 1987, under which all necessary arrangements are made in prison establishments to ensure that prisoners who so wish may engage in occupational activity. The Committee also noted that the employment relationships of prisoners are not covered by employment contracts (section 720, paragraph 3), except in the case of prisoners on semi-release, but that the work is generally remunerated. Referring more particularly to the work performed by prisoners for enterprises using prison labour, the Committee none the less noted that the average hourly rate of remuneration was less than half the minimum wage (SMIC) and that substantial deductions were made. The Committee asked the Government to indicate the measures taken or under consideration to ensure that the remuneration paid by hiring enterprises is of a comparable level to that paid to free workers and to state who is responsible for the payment of the employers' share of social contributions in the case of hired workers.

1. The Committee notes the detailed information supplied by the Government in its report, particularly concerning the different categories of activity (general service, Prisons' Industrial Board (RIEP), concession, vocational training and other), the distribution of jobs, developments in the methods and objectives of prison labour and the total wages of each category.

With regard to the remuneration paid to prisoners, the Government states that the principle whereby the remuneration of detainees is negotiated at the same level as that of free workers still applies, but that there are still difficulties arising from the quality of work performed in detention, the low skill levels of prison detainees and their lack of vocational training, and the organization of prison labour which precludes achievement of productivity level comparable to that of outside enterprises (short working days, frequent interruptions). The Government also indicates that owing to the economic situation outside prison, immediate alignment with wages paid outside would be unrealistic.

The Committee notes however the Government's indications that the prison administration is aware of the overall inadequacy of the level of individual remuneration and is endeavouring to produce a policy to improve it. Since most work is paid at piece-rates, in negotiations with enterprises using prison labour the average productivity in the sector concerned outside the prison is used as the basis for calculation. Thus, a prisoner who attains the outside level of productivity will be paid at least the minimum wage, with upwards or downwards adjustment for any differential.

The Government adds that, for all prisoners, the employer's share of social contributions is paid by the employer and that for prisoners exercising an activity outside the establishment, ordinary labour law applies (work contract, automatic alignment with working conditions outside, including in respect of remuneration).

2. The Committee also notes the Government's indications concerning the construction of new prison accommodation for 13,000 inmates. It is managed partly by private enterprises, which are responsible for the "labour function". Minimum rates of remuneration have been fixed and these establishments have a "minimum prison wage" which is adjusted annually in keeping with the SMIC (60 per cent of the hourly SMIC rate). The Government points out that the methods of organizing prison labour have been reviewed and now include the keeping of files on the activities to be performed, jobs to be filled and the level of remuneration. It adds that the prison working day is organized with a view to obtaining better returns on the investments (two five-hour shifts so that machines can be used for ten hours instead of the six hours under the former system); this should also enable the prisoners concerned to have access to other activities in the establishment (e.g. sports, education, social and cultural activities).

The Committee recalls that Article 2, paragraph 2(c), of the Convention expressly prohibits persons from whom work is exacted as a consequence of a conviction in a court of law from being placed at the disposal of private individuals, companies or associations. The only work which can be considered as an exception to this prohibition is work carried out under the conditions of a free employment relationship; this requires not only the formal consent of the prisoner, but also in the light of the circumstances of this consent, guarantees and safeguards in respect of wages and social security that are such to justify the labour relationship being regarded as a free one.

The Committee asks the Government to provide detailed information on any developments and progress in this respect.