Prison work
Verified 04 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)
Is work open to prisoners? Yes, an incarcerated person can work in prison even if she doesn't have to. To work in prison, the person imprisoned must be classified at workassigned to a post by the prison administration and sign a prison employment contract. It is remunerated and has guaranteed rights for all workers (e.g. social protection). We present you with the information you need to know.
Anyone who is incarcerated can work in prison, under certain conditions.
FYI
Working in prison is considered a serious rehabilitation effort and proof of good behavior. Inmate workers can more easily access a reduction of sentence and/or to a parole.
Access to work in prison is not the same for people definitively condemned only for those placed in pretrial detention.
Final Conviction
The conditions of access to employment in prison are not the same for adults and minors.
Major
An adult sentenced to a term of imprisonment may work in the prison in which he or she is present.
Minor
A minor aged at least 16 years may work in the prison in which he is present.
However, this must not interfere with the education and training he receives in prison.
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Major
An adult sentenced to a term of imprisonment may work in the prison in which he or she is present.
Minor
A minor aged at least 16 years may work in the prison in which he is present.
However, this must not interfere with the education and training he receives in prison.
Pre-trial detention
Pre-trial detainees can work in the general prison service.
However, they must first obtain the agreement of the judge in charge of their case (e.g. examining magistrate, on public prosecutor or the President of the court of assize).
To work in prison, the incarcerated person must first ask to be classified at work.
Once classified at work, she is then assigned to a post by the prison administration.
Finally, she signs a prison employment contract and an agreement annexed to that contract, within 2 working days of the start of the mission.
1. Classification at work
In order to be classified at work, the incarcerated person must send a written request the head of the prison in which she is present.
After having obtained the opinion of a commission, the head of the penitentiary makes a decision of classification at work and the notify to the incarcerated person.
This decision specifies the form in which the incarcerated person may work (for example: general prison service).
2. Assignment to a workstation
Once classified at work, the incarcerated person may request to be assigned to a work station by sending a written request to the head of the penitentiary establishment.
This request must mention a position which belongs to the regime under which the prisoner may work (e.g. general prison service).
Before taking its decision, the prison administration organizes an individual interview between the incarcerated person and the working structure.
The head of the penitentiary then assigns the incarcerated person to a post. It shall take account of the opinion of the structure responsible for the work activity and local employment opportunities.
The decision shall be notified to the prisoner.
3. Conclusion of a prison employment contract and an ancillary convention
After being classified at work and assigned to a position, the incarcerated person concludes a prison employment contract with the work structure that hires her.
Warning
To sign a prison employment contract, non-emancipated minors must have obtained permission from their legal representatives (e.g. parents).
The prison employment contract includes mandatory particulars which explain, in particular, the rules governing:
- At the trial period
- At the duration of the contract (DTADTA : Contract of employment of indefinite duration or CSDCSD : Fixed-term contract)
- To weekly or monthly working hours
- To the amount of remuneration and social contributions
- Upon suspension or termination of the mission.
It shall also describe the job and, if necessary, the particular risks associated with that job.
The incarcerated person also signs a convention annexed to the contract defining the obligations of the prison establishment, of the person in custody and of the working structure, if this is not the prison administration.
The head of the penitentiary may refuse work classification or employment assignment.
In this case, the incarcerated person may challenge that refusal forwarding the decision of the head of the penitentiary to the interregional director of the penitentiary services.
It shall have a period of 15 days from notification the decision refusing to be classified at work or to be assigned to a post.
The Interregional Director of Prison Services must respond within one month.
Lack of response shall be considered as a dismissal of the action.
The incarcerated person may work directly for the prison administration.
She can also work for thegeneral interest employment and occupational integration agency (Agitip) or for a private organization (company or association).
FYI
If it has a semi-liberty or a outplacement, the incarcerated person may work for a company outside the prison. However, every night she will have to go back to prison.
Work for the penitentiary service
The incarcerated person may work in the general service of the prison.
In this case, she signs a prison employment contract directly with the prison administration and contributes to the operation of the prison.
The positions offered can be of different kinds: maintenance of premises or linen, kitchen or diving, work in the library, etc.
Work for Agitip
The prisoner can work for the prison industrial board (RIEP) This is a service managed by Agitip.
RIEP offers training jobs that enableacquire skills in various fields such as carpentry, metalwork, woodwork or computer science.
Work for a private association or company
The incarcerated person may enter into a prison employment contract with a company or association. This is called delegated management or concession.
Delegated Management
In some cases, the management of the prison is delegated to a private company chosen by the government.
Thus, this structure organizes work activities (e.g. restoration, maintenance of premises).
The incarcerated person therefore works within the prison. Nevertheless, the prison employment contract is concluded with the delegated company.
Concession
The incarcerated person may work for a private company or an association that settles production workshops within the prisons.
The jobs offered can be of different types: metallurgy, carpentry, digital, environment-related, etc.
The incarcerated person works within the prison. However, the prison employment contract is concluded with the structure dealer.
FYI
Companies adapted for women and men with disabilities also offer prison workplaces.
They may also work in an establishment or a labor support service.
The prison employment contract shall contain information on the hours of work and rest periods granted to prisoners.
The rules for adult prisoners differ from those for incarcerated minors.
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Major
The incarcerated person may work full-time or part-time.
Full-time work
Hours of work
The working hours for a full-time contract are 35 hours per week and Maximum 10 hours per day.
Working hours should provide for time for rest, meals, walking, educational and recreational activities.
The work structure may provide for a system for adjusting working hours over a reference period (e.g. one month or one year).
Thus, the prisoner will work more than 35 hours in some weeks and less than 35 hours in other weeks.
Nevertheless, the duration weekly cannot be from less than 10 hours and more than 48 hours.
If the prisoner works more than 35 hours per week or 1771 hours per year, these hours are considered as overtime.
If he works more hours than those stipulated in the prison employment contract, those hours shall be considered as additional hours.
The completion of overtime or overtime shall give rise to an increase in remuneration.
FYI
If a system of working hours adjustment is introduced, any change in the distribution of working hours must be brought to the attention of the incarcerated person at least 24 hours in advance.
If this time limit is not respected, the incarcerated person may refuse to work the overtime or overtime work requested of him.
She cannot be disciplined. His contract cannot be terminated for this reason.
Rest
The incarcerated person is given a rest period weekly 24 hours, which is normally on Sundays.
This period must be added to the daily rest hours, i.e. 11 consecutive hours.
During his working day, the prisoner shall be granted a break of at least 20 minutes every 6 hours.
Please note
Weekly rest may be suspended for inmates who need to perform urgent security work in the institution.
In this case, inmates must be granted compensatory rest equal to the period of rest that has been taken away.
Public holidays
In principle, a prisoner does not work on public holidays.
However, persons assigned to a workstation necessary for the proper functioning of the penitentiary may work on public holidays.
This work shall not be subject to any increase in remuneration unless it was on the 1ster May.
In this case, the prisoner's salary is doubled in relation to his basic salary.
Part-time work
Hours of work
A person in prison shall be considered to be working part-time if the duration of his work is less than 35 hours per week or 1771 hours per year.
Under a part-time contract, the minimum duration work is 10 hours a week.
Time for rest, meals, walking, educational and recreational activities should be provided.
Any hours of work beyond the duration provided for in the part-time prison employment contract shall be additional hour.
The number of hours worked in a week or a month shall not exceed half of the working time weekly or monthly as provided for in the contract.
The completion of an additional hour shall entitle the employee to a pay increase.
FYI
If a system of working hours adjustment is introduced, any change in the distribution of working hours must be brought to the attention of the incarcerated person at least 24 hours in advance.
If this time limit is not respected, the incarcerated person may refuse to work the overtime or overtime work requested of him.
She cannot be disciplined. His contract cannot be terminated for this reason.
Rest
Unless the prison employment contract provides for another period of rest, the incarcerated person shall be granted rest weekly 24 hours, which is normally done on Sundays.
This period must be added to the daily rest hours, i.e. 11 consecutive hours.
During his working day, the prisoner shall be granted a break of at least 20 minutes every 6 hours.
Please note
Weekly rest periods may be suspended for prisoners who need to carry out urgent security work in the institution.
In this case, inmates must be granted compensatory rest equal to the period of rest that has been taken away.
Public holidays
In principle, a prisoner does not work on public holidays.
Nevertheless, inmates assigned to a workstation necessary for the proper functioning of the penitentiary may work on public holidays.
This work is not subject to a pay increase unless it took place on the 1ster May.
In this case, the prisoner's salary is doubled in relation to his basic salary.
Minor
The incarcerated minor may work full-time or part-time.
Full Time
Hours of work
The working hours for a full-time contract are 35 hours per week and up to 8 hours per day.
Working hours should allow time for schooling or vocational training, rest, meals, walking and leisure activities.
The incarcerated minor cannot work additional or overtime. The maximum working time is 35 hours per week.
Rest
The miner works 5 days a week, except on Sundays. It benefits from 48 consecutive hours of rest per week.
This period must be added to the daily rest hours, i.e. 12 consecutive hours.
Example :
The prison employment contract may stipulate that the minor's rest days are Sunday and Monday. In this case, the minor will not work from Saturday evening to Tuesday morning.
During the working day, the minor shall be granted breaks of at least 30 minutes every 4.30 hours.
Public holidays
Minor ncan't work on public holidays.
Part-time
Hours of work
A minor who is imprisoned is considered to be working part-time if the duration of his work is less than 35 hours per week or 1771 hours per year.
Under a part-time contract, the minimum duration work is 10 hours per week.
Rest
Unless the prison employment contract provides for another period of rest, the minor shall be granted 48 consecutive hours of rest per week.
This period must be added to the daily rest hours, i.e. 12 consecutive hours.
During his working day, the prisoner has a break of at least 30 minutes, every 4.30 hours.
Public holidays
Minors cannot work on public holidays.
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Major
The incarcerated person may work full-time or part-time.
Full-time work
Hours of work
The working hours for a full-time contract are 35 hours per week and Maximum 10 hours per day.
Working hours should provide for time for rest, meals, walking, educational and recreational activities.
The work structure may provide for a system for adjusting working hours over a reference period (e.g. one month or one year).
Thus, the prisoner will work more than 35 hours in some weeks and less than 35 hours in other weeks.
Nevertheless, the duration weekly cannot be from less than 10 hours and more than 48 hours.
If the prisoner works more than 35 hours per week or 1771 hours per year, these hours are considered as overtime.
If he works more hours than those stipulated in the prison employment contract, those hours shall be considered as additional hours.
The completion of overtime or overtime shall give rise to an increase in remuneration.
FYI
If a system of working hours adjustment is introduced, any change in the distribution of working hours must be brought to the attention of the incarcerated person at least 24 hours in advance.
If this time limit is not respected, the incarcerated person may refuse to work the overtime or overtime work requested of him.
She cannot be disciplined. His contract cannot be terminated for this reason.
Rest
The incarcerated person is given a rest period weekly 24 hours, which is normally on Sundays.
This period must be added to the daily rest hours, i.e. 11 consecutive hours.
During his working day, the prisoner shall be granted a break of at least 20 minutes every 6 hours.
Please note
Weekly rest may be suspended for inmates who need to perform urgent security work in the institution.
In this case, inmates must be granted compensatory rest equal to the period of rest that has been taken away.
Public holidays
In principle, a prisoner does not work on public holidays.
However, persons assigned to a workstation necessary for the proper functioning of the penitentiary may work on public holidays.
This work shall not be subject to any increase in remuneration unless it was on the 1ster May.
In this case, the prisoner's salary is doubled in relation to his basic salary.
Part-time work
Hours of work
A person in prison shall be considered to be working part-time if the duration of his work is less than 35 hours per week or 1771 hours per year.
Under a part-time contract, the minimum duration work is 10 hours a week.
Time for rest, meals, walking, educational and recreational activities should be provided.
Any hours of work beyond the duration provided for in the part-time prison employment contract shall be additional hour.
The number of hours worked in a week or a month shall not exceed half of the working time weekly or monthly as provided for in the contract.
The completion of an additional hour shall entitle the employee to a pay increase.
FYI
If a system of working hours adjustment is introduced, any change in the distribution of working hours must be brought to the attention of the incarcerated person at least 24 hours in advance.
If this time limit is not respected, the incarcerated person may refuse to work the overtime or overtime work requested of him.
She cannot be disciplined. His contract cannot be terminated for this reason.
Rest
Unless the prison employment contract provides for another period of rest, the incarcerated person shall be granted rest weekly 24 hours, which is normally done on Sundays.
This period must be added to the daily rest hours, i.e. 11 consecutive hours.
During his working day, the prisoner shall be granted a break of at least 20 minutes every 6 hours.
Please note
Weekly rest periods may be suspended for prisoners who need to carry out urgent security work in the institution.
In this case, inmates must be granted compensatory rest equal to the period of rest that has been taken away.
Public holidays
In principle, a prisoner does not work on public holidays.
Nevertheless, inmates assigned to a workstation necessary for the proper functioning of the penitentiary may work on public holidays.
This work is not subject to a pay increase unless it took place on the 1ster May.
In this case, the prisoner's salary is doubled in relation to his basic salary.
Minor
The incarcerated minor may work full-time or part-time.
Full Time
Hours of work
The working hours for a full-time contract are 35 hours per week and up to 8 hours per day.
Working hours should allow time for schooling or vocational training, rest, meals, walking and leisure activities.
The incarcerated minor cannot work additional or overtime. The maximum working time is 35 hours per week.
Rest
The miner works 5 days a week, except on Sundays. It benefits from 48 consecutive hours of rest per week.
This period must be added to the daily rest hours, i.e. 12 consecutive hours.
Example :
The prison employment contract may stipulate that the minor's rest days are Sunday and Monday. In this case, the minor will not work from Saturday evening to Tuesday morning.
During the working day, the minor shall be granted breaks of at least 30 minutes every 4.30 hours.
Public holidays
Minor ncan't work on public holidays.
Part-time
Hours of work
A minor who is imprisoned is considered to be working part-time if the duration of his work is less than 35 hours per week or 1771 hours per year.
Under a part-time contract, the minimum duration work is 10 hours per week.
Rest
Unless the prison employment contract provides for another period of rest, the minor shall be granted 48 consecutive hours of rest per week.
This period must be added to the daily rest hours, i.e. 12 consecutive hours.
During his working day, the prisoner has a break of at least 30 minutes, every 4.30 hours.
Public holidays
Minors cannot work on public holidays.
Rates of pay are posted to the inmates.
Monthly remuneration is calculated on the basis of the length of work laid down in the prison employment contract.
In the case of part-time work, the remuneration must be proportional to that of the inmate who has the same qualification and works full-time with the same employer.
Salary
The minimum hourly wage for work performed under the prison employment contract is:
- €5.35 for production activities
- €3.92 for the general service, class I
- €2.97 for the general service, class II
- €2.38 for the general service, class III.
Inmate workers may receive productivity or seniority bonuses or any other exceptional bonuses from the structure that hired them.
Reminder
The completion of overtime or overtime shall entail an increase in remuneration.
Remuneration of prisoners under a prison employment contract shall be paid to the prison, unless the application sentencing judges decided otherwise.
The penitentiary must collect social, employer and wage contributions before paying into the registered account of the incarcerated person.
Payment of any periodic penalty payments
The incarcerated person may benefit from stand-by allowance for periods in which he has not worked, but was available to perform an activity if needed.
The amount of the penalty payment is €4.80 per day or per night, and €71.60 per week.
The amount of the hourly allowance for interventions, during periods of stand-by duty, shall be €7.20 for an intervention on a weekday, and €9.90 for an overnight operation.
The working inmate's stand-by allowance is capped.
They may not exceed the amount of €1,125 per year.
FYI
Inmate workers who carry out a periodic penalty payment may also benefit from a time compensation, which shall be as follows:
- Overnight penalty payment: 2 hours
- Day penalty: 1 half-day
- One-and-a-half-day penalty payment.
Social protection
The work structure must pay the pension contributions of the incarcerated person.
Furthermore, the inmate has the right to compensation for work-related accidents and illnesses.
However, he cannot benefit from the activity premium while in prison.
The incarcerated person has the same health and safety rights as any worker.
The structure of work must meet certain obligations.
Occupational medicine and labor inspectorates may intervene in prison.
Obligation of the structure responsible for the work
The structure responsible for working in prison must in particular:
- Organize prevention and information measures on occupational risks
- Ensure that workplaces are clean and comfortable (seats must be made available to workers)
- Provide the necessary work equipment adapted to the position (in particular protective equipment in the event of hazardous use)
- Maintain working facilities in good working order
- Respect the principle of non-compliancediscrimination
- Take care to avoid any act of sexual or moral harassment (which may be encouraged due to the mixed work activities).
Occupational health intervention
Occupational medicine intervenes in prison to monitor the state of health of each prisoner who works.
This monitoring takes the form of information and prevention visits, the purpose of which is to:
- To question the detainee about his or her health
- Inform them of the possible risks to their workstation
- Raise awareness of prevention measures to be implemented
- Inform them about ways to monitor their health.
The first visit takes place before the incarcerated person is assigned to a work station.
Further visits are organized throughout the working relationship by the head of the penitentiary. The duration between each visit may not exceed 5 years.
FYI
The miners have an information and prevention visit before starting any professional activity or changing workstations.
Labor inspection intervention
Labor inspectors may intervene in prison when they are informed of possible breaches of health and safety rules.
Their intervention may be requested by the head of the penitentiary.
They may also take the initiative to visit a prison because of their interaction with an incarcerated person.
In fact, incarcerated people can exchange by post with the labor inspectorate.
In principle, such correspondence is not read by the prison administration. However, they may be subject to verification for security reasons.
Please note
The contact details of the labor inspectorate can be displayed within the prison. It is also possible to ask for them from a Prison Insertion and Probation Adviser (CPIP).
In order to carry out their investigation, labor inspectors have access to the penitentiary establishments where work is carried out.
They may also request any information specific to the working conditions of prisoners.
After their intervention, they report to the head of the penitentiary.
If they have found a breach of health and safety rules, the report shall specify measures to remedy the situation.
Within 2 months (15 days in case of emergency), the head of the penitentiary must indicate the measures that have been taken and those that remain to be taken.
His reply must be accompanied by a timetable for the implementation of these measures.
The reasons why the employment relationship may end depend on the nature of the prison employment contract (DTADTA : Contract of employment of indefinite duration or CSDCSD : Fixed-term contract).
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Contract of indefinite duration
Generally speaking, the employment relationship ends if the parties have reached an agreement or if an event occurred during the detention.
The prison employment contract may also be terminated in the case of incompetence of the prisoner, for the needs of the service or for economic reasons.
General case
The employment relationship may end:
- If the 2 parties so wish or if the incarcerated person so requests
- When the detention ends. In this case, the representative of the work structure can indicate to the incarcerated person the jobs that he could offer him upon his release from prison
- In the case of transfer of the detained person to another prison. In this case, the prisoner remains classified at work
- Disciplinary misconduct (for example, if the incarcerated person sexually harassed another inmate).
To terminate the employment relationship, the incarcerated person or work structure sends a written request to the other part.
This request must specify the grounds justifying the termination of the contract.
If the incarcerated person and the work structure agree, they draft and sign a amicable agreement which indicates the conditions under which the contract is to be terminated.
Each party shall receive a copy thereof.
Whether the person in custody is the source of the request and the parties have not reached an agreement, it must send a letter of early termination of the contract to the employment structure.
Occupational failure
The prison employment contract may be terminated when the prisoner is not fit to perform his duties under conditions which the work structure can reasonably expect.
Then we talk lack of professional competence.
In this case, the structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the company must state the reasons for the proposed decision and receive the inmate's comments.
Termination of the prison employment contract shall be notified to the detained person in the form of a reasoned letter, at least 1 working day after the date of the pre-interview.
Linked to service requirements
The head of the penitentiary may terminate the penitentiary employment contract for reasons related to the needs of the service, namely:
- Disappearance of the needs of the service or abolition of the post which justified the conclusion of the prison employment contract
- Transformation of the needs of the service or position when the prisoner is unable to adapt to this transformation
- Refusal of the prisoner to have one of the essential elements of his contract modified (e.g., modification of working hours or change of work station).
In this case, the head of the penitentiary must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
Economic motive
When the work structure encounters economic difficulties (e.g.: turnover), it may terminate the prison employment contract of prisoners working for it.
The procedure varies according to the number of prison employment contracts terminated over a period of 30 days.
Termination of less than 10 contracts
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the structure must state the reasons for the termination and collect the comments of the incarcerated person.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
The working structure must notify the interregional prison services directorate of the cancelations made within the month.
Termination of 10 or more contracts
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The work structure shall indicate the purpose, date and time of the summons in a letter addressed to the incarcerated person.
At the same time, the company must notify the draft termination to the competent administrative authority (head of the penitentiary establishment or interregional directorate of the penitentiary services).
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person not earlier than 10 working days after the notification of the proposed termination to the competent administrative authority.
The work structure must specify the reasons for this termination.
Fixed-term contract
If the prison employment contract is fixed term, it must be concluded for a minimum period, which varies according to the aim pursued.
It shall end on the date fixed by it. However, in some cases, it may end before that date.
On the date fixed in the contract
The end date of the prison employment contract may be one of the following:
- End of absence of the person being replaced
- End of temporary increase in activity
- Performing the task for which the contract was entered into.
Before the date set in the contract
Generally speaking, the employment relationship ends if the parties have reached an agreement or if an event occurred during the detention.
The prison employment contract may also be terminated in the case of incompetence or for economic reasons.
General case
The employment relationship may end before the date laid down in the contract:
- If the 2 parties so wish or if the incarcerated person so requests
- When the detention ends. In this case, the representative of the work structure can indicate to the incarcerated person the jobs that he could offer him upon his release from prison
- In the case of transfer of the detained person to another prison. In this case, the prisoner remains classified at work
- Disciplinary misconduct (for example, if the incarcerated person sexually harassed another inmate).
To terminate the employment relationship, the incarcerated person or the work structure sends a written request to the other party.
This request must specify the grounds justifying the termination of the contract.
If the incarcerated person and the work structure agree, they draft and sign a amicable agreement which indicates the conditions under which the contract is to be terminated.
Each party shall receive a copy thereof.
Whether the person in custody is the source of the request and the parties have not reached an agreement, it must send a letter of early termination of the contract to the employment structure.
Occupational failure
The prison employment contract may be terminated when the prisoner is not fit to perform his duties under conditions which the work structure can reasonably expect.
Then we talk lack of professional competence.
In this case, the structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the company must state the reasons for the proposed decision and receive the inmate's comments.
Termination of the prison employment contract shall be notified to the detained person in the form of a reasoned letter, at least 1 working day after the date of the pre-interview.
Economic motive
When the work structure encounters economic difficulties (e.g.: turnover), it may terminate the prison employment contract of prisoners working for it.
The procedure varies according to the number of prison employment contracts terminated over a period of 30 days.
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the structure must state the reasons for the termination and collect the comments of the incarcerated person.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
The working structure must notify the interregional prison services directorate of the cancelations made within the month.
The structure in charge of the work must summon the prisoner for a preliminary interview before any decision is taken.
The work structure shall indicate the purpose, date and time of the summons in a letter addressed to the incarcerated person.
At the same time, the company must notify the draft termination to the competent administrative authority (head of the penitentiary establishment or interregional directorate of the penitentiary services).
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person not earlier than 10 working days after the notification of the proposed termination to the competent administrative authority.
The work structure must specify the reasons for this termination.
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Contract of indefinite duration
Generally speaking, the employment relationship ends if the parties have reached an agreement or if an event occurred during the detention.
The prison employment contract may also be terminated in the case of incompetence of the prisoner, for the needs of the service or for economic reasons.
General case
The employment relationship may end:
- If the 2 parties so wish or if the incarcerated person so requests
- When the detention ends. In this case, the representative of the work structure can indicate to the incarcerated person the jobs that he could offer him upon his release from prison
- In the case of transfer of the detained person to another prison. In this case, the prisoner remains classified at work
- Disciplinary misconduct (for example, if the incarcerated person sexually harassed another inmate).
To terminate the employment relationship, the incarcerated person or work structure sends a written request to the other part.
This request must specify the grounds justifying the termination of the contract.
If the incarcerated person and the work structure agree, they draft and sign a amicable agreement which indicates the conditions under which the contract is to be terminated.
Each party shall receive a copy thereof.
Whether the person in custody is the source of the request and the parties have not reached an agreement, it must send a letter of early termination of the contract to the employment structure.
Occupational failure
The prison employment contract may be terminated when the prisoner is not fit to perform his duties under conditions which the work structure can reasonably expect.
Then we talk lack of professional competence.
In this case, the structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the company must state the reasons for the proposed decision and receive the inmate's comments.
Termination of the prison employment contract shall be notified to the detained person in the form of a reasoned letter, at least 1 working day after the date of the pre-interview.
Linked to service requirements
The head of the penitentiary may terminate the penitentiary employment contract for reasons related to the needs of the service, namely:
- Disappearance of the needs of the service or abolition of the post which justified the conclusion of the prison employment contract
- Transformation of the needs of the service or position when the prisoner is unable to adapt to this transformation
- Refusal of the prisoner to have one of the essential elements of his contract modified (e.g., modification of working hours or change of work station).
In this case, the head of the penitentiary must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
Economic motive
When the work structure encounters economic difficulties (e.g.: turnover), it may terminate the prison employment contract of prisoners working for it.
The procedure varies according to the number of prison employment contracts terminated over a period of 30 days.
Termination of less than 10 contracts
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the structure must state the reasons for the termination and collect the comments of the incarcerated person.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
The working structure must notify the interregional prison services directorate of the cancelations made within the month.
Termination of 10 or more contracts
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The work structure shall indicate the purpose, date and time of the summons in a letter addressed to the incarcerated person.
At the same time, the company must notify the draft termination to the competent administrative authority (head of the penitentiary establishment or interregional directorate of the penitentiary services).
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person not earlier than 10 working days after the notification of the proposed termination to the competent administrative authority.
The work structure must specify the reasons for this termination.
Fixed-term contract
If the prison employment contract is fixed term, it must be concluded for a minimum period, which varies according to the aim pursued.
It shall end on the date fixed by it. However, in some cases, it may end before that date.
On the date fixed in the contract
The end date of the prison employment contract may be one of the following:
- End of absence of the person being replaced
- End of temporary increase in activity
- Performing the task for which the contract was entered into.
Before the date set in the contract
Generally speaking, the employment relationship ends if the parties have reached an agreement or if an event occurred during the detention.
The prison employment contract may also be terminated in the case of incompetence or for economic reasons.
General case
The employment relationship may end before the date laid down in the contract:
- If the 2 parties so wish or if the incarcerated person so requests
- When the detention ends. In this case, the representative of the work structure can indicate to the incarcerated person the jobs that he could offer him upon his release from prison
- In the case of transfer of the detained person to another prison. In this case, the prisoner remains classified at work
- Disciplinary misconduct (for example, if the incarcerated person sexually harassed another inmate).
To terminate the employment relationship, the incarcerated person or the work structure sends a written request to the other party.
This request must specify the grounds justifying the termination of the contract.
If the incarcerated person and the work structure agree, they draft and sign a amicable agreement which indicates the conditions under which the contract is to be terminated.
Each party shall receive a copy thereof.
Whether the person in custody is the source of the request and the parties have not reached an agreement, it must send a letter of early termination of the contract to the employment structure.
Occupational failure
The prison employment contract may be terminated when the prisoner is not fit to perform his duties under conditions which the work structure can reasonably expect.
Then we talk lack of professional competence.
In this case, the structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the company must state the reasons for the proposed decision and receive the inmate's comments.
Termination of the prison employment contract shall be notified to the detained person in the form of a reasoned letter, at least 1 working day after the date of the pre-interview.
Economic motive
When the work structure encounters economic difficulties (e.g.: turnover), it may terminate the prison employment contract of prisoners working for it.
The procedure varies according to the number of prison employment contracts terminated over a period of 30 days.
The structure responsible for the work must summon the prisoner to a pre-maintenance before any decision is taken.
The meeting notice shall indicate the subject matter, date and time of the interview. It must be sent to the incarcerated person by mail.
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
During the pre-interview, the structure must state the reasons for the termination and collect the comments of the incarcerated person.
Termination of the prison employment contract shall be notified to the detained person in the form of a argumentative letter, at least 5 working days after the date of the pre-interview.
The working structure must notify the interregional prison services directorate of the cancelations made within the month.
The structure in charge of the work must summon the prisoner for a preliminary interview before any decision is taken.
The work structure shall indicate the purpose, date and time of the summons in a letter addressed to the incarcerated person.
At the same time, the company must notify the draft termination to the competent administrative authority (head of the penitentiary establishment or interregional directorate of the penitentiary services).
Pre-maintenance must take place at the earliest 2 working days after the notification of the summons.
Termination of the prison employment contract shall be notified to the detained person not earlier than 10 working days after the notification of the proposed termination to the competent administrative authority.
The work structure must specify the reasons for this termination.
Who can help me?
Find who can answer your questions in your region
For information on working in prison
Penitentiary Service for Insertion and Probation (Spip)To obtain the contact details of the labor inspectorate
Regional Directorate for Economic Affairs, Employment, Labor and Solidarity (Dreets, ex-Direct)
Principles governing work in prison
Organization of work in prison
Juvenile labor in prison
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