See below the information on prisoners employed184 in penitentiary establishments in 2015 and 2016. Number of Prisoners Employed in Establishments No. No. No. No. No. No. No. No. No. No. No. No. Total 2 3 5 6 7 8 9 12 14 15 17 19 2015 101 21 37 26 4 247 7 32 92 60 219 27 873 2016 81 7 36 30 4 109 4 26 100 66 92 28 583 10,333 and 9,601 prisoners were serving sentence in penitentiary establishments in 2015 and 2016, respectively. In 2015, 8.4 % of prisoners were employed out of the aforementioned number and it was 6.1 % in 2016. Unfortunately, it should be noted that in 2016, the number of employed prisoners decreased by 28.1%, in comparison to 2015. In penitentiary establishments, enrolment of convicts in economic service is regulated by Order no. 157 of the Minister of Corrections of Georgia on Approving the Procedure for Performance of Economic Services by Convicts and their Remuneration. In accordance with the said order, enrolment of a convict in economic service at a penitentiary establishment is made official by the order of the establishment’s director following a written application of the convict.185 Such orders do not specify the details of the work to be completed, despite the fact that this is a requirement of Article 6186 of the Labour Code of Georgia and an essential term of a labour contract. The failure to determine the type of work convicts have to do exposes them to the risk of performing such assignments that was unknown before employment. In 2015, in his Parliamentary Report, the Public Defender recommended to the Minister of Corrections to ensure that respective orders or other attached documents expressly stipulate the job description when enrolling a convict in economic service. However, the monitoring visits made to establishments in the course of 2016 showed that the majority of the prisoners involved in the economic services had to work against their will on the weekends, days off and, if needed, at night. Therefore, it is imperative that orders or other attached documents on enrolling prisoners in economic services expressly stipulate the job description. Besides, it is important that a uniform registration form is elaborated with the work schedule of convicts working in economic service and work performed by hour for all establishments. It should also consider the remuneration of overtime work in accordance with the labour legislation. Keeping such a journal will enable establishing the hours spent by each convict in economic services, whether they do overtime and how overtime work is remunerated. 184 Unlike other penitentiary establishments, no prisoners have been employed in penitentiary establishment no. 11 (for juveniles) and establishment no. 18 (medical) due to the specific nature of these establishments. 185 Order No. 157 of the Minister of Corrections of Georgia on Approving the Procedure for Performance of Economic Services by Convicts and their Remuneration, Annex 1, Article 2.4. 186 Paragraph 9.d). NATIONAL PREVENTIVE MECHANISM (NPM), 2016 93

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