terms not less favourable than those extended by law to free
workmen.
75. (1) The maximum daily and weekly working hours
of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to
the employment of free workmen.
(2) The hours so fixed shall leave one rest day a week
and sufficient time for education and other activities required
as part of the treatment and rehabilitation of the prisoners.
76. (1) There shall be a system of equitable remuneration of the work of prisoners.
(2) Under the system prisoners shall be allowed to
spend at least a part of their earnings on approved articles for
their own use and to send a part of their earnings to their
family.
(3) The system should also provide that a part of the
earnings should be set aside by the administration so as to
constitute a savings fund to be handed over to the prisoner
on his release.
IMPLICATIONS
The international instruments make a distinction between "hard labour", which may
be imposed as part of a court sentence, and "forced or compulsory labour", which is
prohibited.
Prisoners should be paid a fair wage for their work. The principle underlined is that the
work of prisoners should not be subordinated merely to making a profit either for the
prison authorities or for a private contractor.
Prisoners should be allowed:
- To spend part of their wages in prison;
- To send a part to their families;
- To save a part for their release.
Work in prison should be subject to the same laws on health, safety, industrial injury
and occupational disease as is work among the general public.
No distinction should be made between women and men as regards the type of work
they are offered, and the same wage for equal work should be paid to men and
women.
If prisoners have no work and become accustomed to idleness, they may lose their
sense of responsibility for themselves and their families. This may make it more difficult
for them to live law-abiding lives after they are released.
PRACTICAL RECOMMENDATIONS
■
In some countries, other government ministries are required to offer certain types of
work to the prison administration. This might be for internal government contracts,
for example furniture for government offices. It might be for external work, for
example making vehicle registration plates. This can be a useful source of work for
prisoners.
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