Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

For many years, the Committee has been drawing the Government’s attention to the fact that the voluntary nature of work by prisoners for private enterprises is not formally set out in the provisions of the national legislation governing prison work. Indeed, both the general Organic Act respecting prisons (Act No. 1/79, section 26) and the Prison Regulations (Royal Decree No. 190/96, sections 132 and 133), provide that productive prison work is a right and a duty for detainees. In this respect, the Committee notes the Government’s indication that, firstly, prison work is free and, secondly, the expression "work is a right and a duty of detainees" must not be interpreted in a restrictive manner, as it corresponds to article 35 of the Spanish Constitution, under the terms of which "all Spanish nationals have the right and the duty to work". Considering that it is not formally established by the above legislative provisions that the productive work of prisoners, performed for a third party in production workshops in prison premises or outside them, is of a voluntary nature, the Committee requested the Government to take the necessary measures to bring the statutory law into line with practice, as described in the information provided by the Government. The Committee notes with regret that the Government did not take the opportunity afforded by the adoption of Royal Decree No. 782/2001, regulating the special employment relationship of prisoners working in prison workshops and repealing certain provisions of the Prison Regulations (Royal Decree No. 190/96), to amend sections 132 and 133 of the Prison Regulations. It hopes that on the occasion of a future amendment of the legislation, the Government will take its comments into account and will ensure that the legislation explicitly establishes the voluntary nature of work by prisoners performed for a third party in production workshops on prison premises or outside prisons for private enterprises. Furthermore, the Committee notes with interest the information provided by the Government in its latest reports on the remuneration of prisoners and the social security benefits to which they are entitled. The Committee also notes with interest that the labour and social security inspectorate is responsible for ensuring compliance with the rights of prisoners working in production workshops on prison premises in relation to wages, working time, health and safety and social security.