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

The Committee notes the detailed information provided by the Government in reply to its general observation on the hiring of prison labour by private enterprises.

The Committee notes with interest the provisions of the Regulations respecting penitentiaries, Judicial Decree No. 518/98, which provide that detainees shall have the right to perform work individually or in groups, which brings them some type of economic benefit to cover the costs of their family and create an individual savings fund for their release (section 61) and that work activities undertaken by detainees may consist of work for their own account or subordinate work in the context of productive or training activities which are carried out within penitentiaries in the context of projects agreed upon by third parties with the Prison Administration (section 63).

The Committee also notes with interest the provisions of section 64, according to which the work activities carried out by detainees in the context of agreements implemented by third parties shall be governed by the common labour legislation and, in any event, irrespective of the applicable norms, it shall be provided in the respective concluded agreements, that the remuneration paid to detainees by enterprises or third parties covered by the contract may not be lower than the minimum wage determined annually by the competent authority for workers who are not detained; and that the insurance contributions shall also be made to the institution or institutions of the corresponding insurance scheme.