Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In previous comments the Committee has referred to observations from the Trade Union Confederation of Workers' Committees on the application of the Convention, alleging that prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits, and that the conditions to which prisoners are subject as regards social security are not the same as those for other workers. The Committee also observed that the Prison Regulations (Royal Decree No. 1202/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

(a) With regard to the prisoner's free consent, the Committee notes the Government's indication that inmates wishing to do so apply of their own accord to work under the independent body "Trabajos penitenciarios" and a selection is then made among the applicants. The Government adds that this system is based on section 183(3) of the Prison Regulations.

The Committee observes in this connection that section 183(3) refers to persons detained pending trial who, by virtue of the Convention, may not be compelled to work but may work if they wish, on a purely voluntary basis. With regard to convicts, the Committee once again asks the Government to take the necessary steps to establish the voluntary nature of the work done by prisoners for private enterprises.

(b) The Committee asked the Government to provide information on the standards set by the independent body "Trabajos penitenciarios" for fixing the inter-sectoral minimum wage and copies of contracts between private enterprises and prisoners.

As regards the question of wages, the Committee notes the comments made by the Trade Union Confederation of Workers' Committees, sent by the Government with its report, to the effect that the wages of prisoners who work for private enterprises are fixed without the prisoners or their representatives intervening, and are determined in accordance with the rules of the independent body "Trabajos penitenciarios".

According to the Government's statement in its report, prisoners' contracts with private enterprises are subject to the pay conditions prevailing in the sector, depending on the labour market, and in cases where the employer is "Trabajos penitenciarios", the rules governing special labour relationships are applied in accordance with the Regulations.

The Committee asks the Government to provide the rules set by "Trabajos penitenciarios" to determine the inter-sectoral minimum wage, and notes the specimen contract between a prisoner and a private enterprise, sent by the Government, which is a fixed-term contract in which, according to the Government, the above-mentioned independent body does not intervene. The Committee notes that in this case the pay conditions prevailing in the sector have been applied.