Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes Act No. 14.470 regulating conditions of imprisonment and Decree No. 440/978 approving the internal regulations governing rehabilitation centres, communicated by the Government. The Committee notes that, under the Act on conditions of imprisonment (sections 41-47), convicted prisoners have an obligation to work. As regards the methods and organization of this work, hours of work, safety and health, and accidents, the technical requirements and standards laid down in the relevant labour legislation must be respected. The Committee also notes that, under section 45 of the Act, prisoners’ work must receive remuneration. It notes the detailed information provided by the Government on such remuneration in its last reports. Finally, the Committee notes that, under section 44 of the Act, the work is organized and managed by the prison authority but, in certain special circumstances, the authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops. It appears that such agreements have been concluded since the Government indicates in its report sent in 2000 that a number of prisoners are working for private enterprises (ANIEL and PANDY). The Committee requests the Government to provide examples of agreements concluded between the prison authorities and private enterprises for the use of prison labour, and to supply information on the conditions in which prisoners’ work is carried out, in particular as regards prisoners’ consent to work performed for the benefit of the said private organizations. Finally, the Committee requests the Government to send  a copy of the abovementioned Act regulating conditions of imprisonment, including any amendments which have been made to it.

2. The Committee notes that the Government indicated in its 2002 report that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence. This substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities. It may be the subject of an appeal to a higher court and it must be of short duration. The Government refers to the cleaning of state schools or minor manual work as examples of community work. The Committee notes this information and requests the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out.

3. Freedom of public servants to leave their employment. The Committee notes that the Government indicated in its 2000 report that there are no legislative provisions preventing public servants from leaving their employment. It requests the Government to indicate whether in practice a public servant’s application to resign might be refused and, if so, for what reasons (see for example, section 220 of the Organic Act concerning the armed forces (Act No. 14.157), under which an application to resign submitted by a member of the armed forces might be refused by the Executive Power if justified by the interest of the service for valid reasons).