Admittedly, the specific characteristics of imprisonment mean that the application of
ordinary law has to be adapted, with regard for example to labour disputes and employee
representation. However, the only exceptions to ordinary Labour rules should be exclusively
based upon preserving the purpose of penal institutions
Thus, ignorance of the rules of ordinary law, with regard to hygiene and
safety, labour relations and length of working hours, cannot be justified by
any principle of sentence enforcement. The inspectors have nonetheless
ascertained violation of these rules in many of the institutions inspected:
persons working at night in their cells, “assistants” assigned to general
services without the benefit of a weekly day of rest, a female prisoner
refused admission to a workshop on the grounds that she was pregnant,
toxic products handled without the proper equipment, virtual nonexistence
of labour inspections, absence of daily sick pay in case of illness, uncertainty
of compensation in case of industrial accident etc.
These blatant and unjustified infringements of Labour rules need to be examined in the
light of the Prisons Act: article 32 of the latter law specifies the rules to be applied with regard to
the calculation of pay – minimum index-linked value, according to the employment regime –; for
its part, article 33 mentions the drawing up of an “instrument of engagement”, “signed by the
head of the institution and the prisoner, [which] sets out the latter’s professional rights and
obligations as well as the working conditions and pay. In particular it specifies the terms
according to which, under conditions appropriate to their situation and notwithstanding the
absence of an employment contract, the prisoner has the benefit of the provisions concerning
integration through work provided for under articles L. 5132-1 to L. 5132-17 of the Labour Code
(Code du travail)”.
Once again, it is regrettable to ascertain an imbalance in the consequences of failure to
apply these two articles: in reality, the rules concerning calculation of wages and integration
through work are not properly applied – in particular in terms of wages and length of working
hours – without any consequences for the head of the institution who is “the employer”; on the
other hand, any breach of duty on the part of a prisoner can lead to their “dismissal from
employment”, without the inter partes hearing provided for under article 24 of the Act of 12th of
April 2000 concerning the rights of citizens in their relations with the administrations.
The law needs, on the one hand, to clearly set out the role of work in prison in terms of
preparation for integration and rehabilitation; on the other hand, to set more extensive rules
in terms of labour relations, in particular with regard to the breaking off of these relations
and pay; and, finally, to fix the general framework for the rules of safety and protection of
workers in prison. Moreover, the rules set out under articles 32 and 33 of the said Act need
to be applied by both parties – “employer” and “employee” – subject to sanctions for the
commission of breaches, regardless of the party that commits them.
4.6
Professional Training, Experiment without Assessment
Two “pilot regions”, Aquitaine and Pays de la Loire, are involved in professional training
schemes among the prison population. According to the terms of article 9 of the Prisons Act, the
trial period should last for three years “as from 1st January following the publication of this Act”
and a report is to be sent by the Government to Parliament concerning the implementation of
this experiment six months before the end of the planned period.
The Contrôle Général recommends that conclusions should be publicly drawn from the two
experiments undertaken and draws attention to the issues of equal access to training, which
are raised by possible decentralisation of funds for the professional training of prisoners.
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