Chapter 2
The reports, opinions and recommendations
published in 2017
1. Opinion of 22 December 2016 on work and vocational training in
penal institutions, published in the Journal officiel (Official
Gazette) dated 9 February 2017
The attention of the Contrôleur général des lieux de privation de liberté is drawn at regular intervals
to the question of work in detention. In its 2011 annual report, the CGLPL had already criticised its
main failings22: low-skilled jobs, insufficient jobs on offer, low pay, payslips that are difficult to make
sense of. It had made several recommendations following on from these findings. In light of the lack
of progress more than five years later, the Chief Inspector wished to take stock of the practices and
problems observed with regard to accessing work in detention, the conditions under which it is
carried out, pay, social protection and the demotion procedure, with a view to clarifying the rights and
obligations of working prisoners.
This opinion sets out the CGLPL's findings from inspection missions carried out
in institutions and from referrals, bearing on the few job opportunities available
in detention, lack of uniformity concerning the means for accessing work,
working conditions that do not comply with the applicable legislation, the low
pay of working prisoners, exclusion from ordinary social protection law and
misuse of demotion procedures.
The CGLPL argues that the objectives set for work in prisons - particularly the reintegration
and re-engagement in society of prisoners - cannot be achieved as things currently stand given the
many existing legal loopholes and failure to comply with the minimum standards that have been set.
Approximation with ordinary labour law is called for, the only exceptions being associated with the
specific nature of penal institutions. It appears necessary for work in detention to be governed by a
fully-fledged social security law for the prison environment, entitling prisoners to protection through
the professional activity they practise.
Furthermore, given that diversification of the work opportunities available should be
encouraged and form part of individual sentence plans, the CGLPL wished to observe various
specific forms and frameworks of work in prison, being trialled within diverse institutions. In
preparation for this opinion, it therefore performed several on-site inspections, on which specific
reports have been produced and published on the CGLPL website. Their findings have been analysed
with this opinion in mind: the trial of a medical-social facility aimed at helping disabled adults to
better integrate socially through work (ESAT) in a long-term detention centre, the setup of a facility
for integration through work (SIAE) in another long-term detention centre, and independent working
in prison in the form of self-employment.
2011 Annual Report, Chapter 3 "Access to social rights for prisoners" and Chapter 4 "Work in detention: reconsideration of
working prisoners' pay", Dalloz, p. 149.
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