Obligation to classify and assign

In order to have the right to work, the inmate must be classified at work and assigned to a post by the prison administration.

If you're in prison and you want to work, you have to apply for a job classification.

Once classified at work, the detained person can apply to be assigned to a workstation.

Before applying for a work classification, the detainee may benefit from an occupational discovery within the prison.

This may enable them to discover a trade or a sector of activity, to confirm a professional project or to initiate a recruitment process.

This discovery in a professional environment has a maximum duration of 5 days.

It may be decided by one of the following services:

• Penitentiary Service for Insertion and Probation
• Structure of integration by economic activity
• Adapted company for disabled workers
• State service responsible for developing the work and professional integration of persons under the authority of the judiciary

Procedure

The request for work classification and the request for assignment to a post shall be made by letter addressed to the head of the penitentiary establishment.

Decision on classification at work

The decision by which the head of the penitentiary institution decides on a request for classification must be notified to the detained person.

This decision must state the reasons on which the head of the establishment based his decision.

For example, the decision may be motivated by the need to maintain the good order and safety of the establishment.

Allocation Decision

The decision on assignment shall be taken by the head of the penitentiary establishment.

The head of the penitentiary shall take into account the choice made by the company offering the work and the reasons relating to the good order and security of the penitentiary.

If the decision is favorable, the detained person has the right to work in the prison administration or in a production department of the company which has nominated him or her.

If the decision is negative, the head of the penitentiary must indicate the grounds on which he based the decision.

The decision to refuse assignment must also be notified the company offering the work and the person detained.

General Prison Service

The detainee may work for the general service of the prison.

This regime consists of entrusting the inmate with the maintenance of the premises and the tasks necessary for the operation of the institution.

For example, doing maintenance work on the premises or washing clothes.

Industrial Board of Penitentiary Institutions (Riep)

The detainee may work for the Industrial Board of Prisons (Riep).

The work is then carried out under the direct control of the prison administration, in workshops managed by the Prison Employment Service (SEP).

The inmate produces goods and services that are sold externally.

Concession arrangements

A prisoner who works in prison may also work for a private company.

We are talking about the concession :: the prison administration enters into a contract with a company that settles its workshops on the prison premises.

The company then organizes the work.

Delegated Management

In some prisons, the government delegates to private companies, through a public contract or partnership contract, all or part of the non-state tasks of their management. The tasks concerned are the restoration, maintenance of premises or management of the work of persons detained in the general service or in production.

In establishments in which production work is delegated to such a company, the latter organizes this work, as do concessionary companies.

Case of work outside prison

Convicted persons may in some cases be employed outside the prison area, but under the control of the administration.

This is the system of work release under the supervision of prison staff.

In order to be designated to work under this regime, detainees must have sufficient guarantees for security and public order and fall into one of the following categories:

• Persons with a period of imprisonment of up to 5 years and who have not previously been sentenced to more than 6 months' imprisonment
• Persons eligible for parole, regardless of their background and length of incarceration
• Persons qualifying for day parole eligibility
• Persons eligible for outside placement without supervision of prison staff

The work may be performed on behalf of an administration, a public authority, a natural person or a company.

The head of the penitentiary must inform the prefect of the department of the employment of convicted persons outside the area assigned to the penitentiary.

Detainees held outside the prison remain under the effective supervision of prison staff.

Prison staff must apply the prison's disciplinary regime to them, particularly with regard to communications with third parties. The employer must comply with the instructions given to him by the prison staff.

At the end of each working day, detainees are reintegrated into the penal institution, unless the sentencing judge has decided otherwise.

In the case of work release under supervision, the employer or the director of the training or care establishment must inform the prison administration of any incident or absence.

Work in a work-related establishment or service

Work outside the prison may take place in a labor support facility or in a labor support facility located in or near a penitentiary facility.

The exercise of a professional activity by inmates in a labor support establishment or in a labor support service shall be governed by a draft establishment or a draft service.

The proposed establishment or service shall specify the following:

• Objectives and means implemented to ensure the quality of reception or support collectively
• General characteristics of the accompanying measures and services implemented, which constitute the reference framework for the educational and medical-social support measures provided for in the prison employment contract
• Process of setting up and tasks of a referee for each person accompanied, responsible in particular for promoting the consistency and continuity of the support
• Composition of the multidisciplinary team and the arrangements for coordinating the various professionals with each other
• Procedures for improving the quality of operation of the establishment or work-related support service and the services which are provided
• Content of the institution's or service's collaboration through work with other partners, outsiders or stakeholders in detention. Such cooperation shall be formalized and may give rise to the conclusion of an agreement
• Procedure for the transmission to the external support structures of any information on the measures allowing continuity and consistency of the support when the detained person is released

The establishment or work support service may offer the following services:

• Accompaniment in the exercise of various activities of a professional nature
• Medical-social support
• Measures to maintain knowledge, maintain learning and vocational training
• Educational measures for access to autonomy and involvement in social life

These benefits must be formalized in the individualized project of support of each detained person.

The staff of the establishment or labor support service must be a multidisciplinary team comprising or involving, in addition to the prison staff, the following professionals:

• Shop Monitors
• Specialized educators
• Social Work Assistants
• Psychologists
• Medico-psychological aids
• Social and family economy advisors
• Insertion Loads

Duration of contract

Prison employment contracts may be signed for a fixed term or for an indefinite period.

When it is signed for a fixed period, the prison employment contract may or may not include a specific end date.

If it does not include a specific end date, the fixed-term contract must be concluded for a minimum duration, which varies according to the aim pursued.

In this case, the end date can 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

Content of the contract and of the ancillary agreement

Content of the contract

The prison employment contract shall contain the following information:

• Working arrangements
• Whether the duration of the contract is fixed or indeterminate
• Renewal clause if necessary
• Effective date of commencement of activity and, if necessary, termination date
• Duration and conditions of the trial period and renewal conditions
• Job and Mission Description
• Specific risks related to the workstation if necessary
• Weekly or monthly working hours
• Break and rest time and public holidays
• Organization of standby periods if necessary
• Amount of remuneration and any premiums
• Amount of social contributions
• Contract Change Rules
• Suspension and termination rules

Where the work is performed on behalf of a structure of integration through economic activity or a adapted company, the prison employment contract must provide for socio-occupational support.

Content of the annexed Convention

The prison employment contract shall be accompanied by an agreement which shall contain at least the following particulars:

• Authorized absences
• Rules for amending the agreement
• Remedies and time limits
• Obligations of the head of the penal institution, the company and the detained person concerned

Suspension of contract

The contract may be suspended by the company offering the work and by the general service of the prison.

The company may suspend the prison employment contract on any of the following grounds:

• Short-term economic difficulties
• Lasting difficulties in the supply of raw materials or energy
• Exceptional disaster or bad weather
• Transformation, restructuring or modernization of the structure, service, company or penal institution
• Any other exceptional circumstances

The general service of the prison may also suspend the prison employment contract in the following cases:

• Exceptional disaster or bad weather
• Transformation, restructuring or modernization of the structure, service, company or establishment
• Any other exceptional circumstances

In the event of a temporary reduction in activity on one of the grounds for suspension, the company must send the administrative authority a request for an opinion with a view to suspending the prison employment contract(s) concerned.

The request shall be in writing and shall specify the following:

• Grounds for such suspension
• Expected period of sub-activity
• Number of detainees concerned

The administrative authority is the head of the prison for the activities offered by the companies, and the interregional directorate of the prison services for the general service of the prison.

The opinion of the administrative authority shall be notified within five days of the date of receipt of the request.

Silence for five days on a request for suspension is equivalent to a favorable opinion.

Prison employment contract(s) may be suspended for a maximum period of 3 months from the date of receipt of the opinion of the administrative authority.

Prison employment contracts may be suspended for a maximum period of 6 months, in exceptional circumstances.

The suspension of the prison employment contract shall be notified in writing to each prisoner concerned.

Termination

The prison employment contract may be terminated by the working prisoner, by the general service of the prison or by the company which recruited him. Termination may be amicable or contentious.

Amicable termination

A party wishing to terminate the contract must send a written request for termination to the other party, specifying the reasons for the decision.

If the other party accepts the request, the conditions of the termination are carried forward in an amicable agreement to be signed by the 2 parties. Each Party shall receive a copy of the Agreement.

Termination at the initiative of the inmate worker

In the absence of an amicable agreement, the working inmate must send the employer a letter of early termination of the prison employment contract.

Termination at the initiative of the company for professional incompetence

If the termination is based on inadequacy of employment or non-compliance with socio-occupational support, the company must summon the worker to a prior interview before any decision is taken.

The company must send him a letter of invitation, which states the purpose of the invitation.

The pre-interview shall take place no earlier than 2 working days after the notification of the letter of invitation.

During the pre-interview, the company must state the reasons for the proposed decision and obtain the observations of the inmate worker.

Termination of the prison employment contract shall be notified to the inmate who is a worker not earlier than 1 working day after the date of the pre-interview. The letter of termination shall state the reasons for the decision.

Termination at the initiative of the company for economic reasons

A company wishing to terminate a prison employment contract on economic grounds must demonstrate that the reason is genuine and comply with the termination procedure.

To prove the economic motive, the company must demonstrate that the dismissal has a real and serious cause linked to one of the following events:

• Economic difficulties characterized either by a significant change in at least one economic indicator such as a sustained fall in orders or turnover, operating losses or a deterioration in cash flow or gross operating surplus, or by any other factor capable of justifying such difficulties
• Technological change
• Reorganization of the service, company or body responsible for the work activity necessary to safeguard its competitiveness
• Termination of the activity of the department, company or body responsible for the work activity

The termination procedure varies depending on the number of prison employment contracts terminated over a 30-day period.

Termination at the initiative of the head of the penitentiary

The head of the prison may terminate the prison employment contract for reasons related to the needs of the service.

Before any decision is taken, he must summon the inmate worker to a prior interview to present the reason.

The grounds which are considered to be linked to the needs of the service and which may justify the termination of the prison employment contract are as follows:

• 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 inmate worker is unable to adapt to this transformation
• Refusal of a prisoner worker to amend an essential element of his prison employment contract, linked for example to a change in working time or a change of post

Termination of the prison employment contract shall be notified to the inmate who is a worker not earlier than 5 working days after the date of the pre-interview. The letter of termination must state the reasons on which the head of the establishment based his decision.

Working time

The organization of working time must be specified in the prison employment contract and the accompanying annex.

In the case of work for an outdoor company, the work offered to the prisoner must be sufficient to occupy a normal working day.

Change in working hours

Any change in the division of working time between the days of the week or between the weeks of the month must be notified to the inmate working at least 24 hours in advance.

If the inmate worker is notified less than 24 hours in advance of the change in working hours, he may refuse to work overtime or overtime.

Refusal to complete overtime or supplementary hours proposed less than 24 hours in advance does not constitute disciplinary misconduct or grounds for termination of the prison employment contract.

Duration and arrangements of working time

Working hours should provide for time for rest, meals, walking, educational and recreational activities.

The working hours for a full-time contract are 35 hours per week.

A detained worker 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.

The minimum weekly working time in the case of part-time work shall be 10 hours.

The maximum daily working time per inmate is 10 hours.

The maximum weekly working time is 48 hours.

The week starts on Monday at 00:00 and ends on Sunday at 24:00.

The company offering work may introduce arrangements for the organization of working time over a reference period exceeding one week. However, in any given year, that period may not exceed the estimated date of release of the inmate. Overtime or overtime shall be counted towards the end of this reference period.

Overtime is hours worked beyond the maximum working time of the period.

Additional hours are hours worked beyond the period stipulated in the prison employment contract and calculated over the reference period.

Any overtime worked is entitled to a pay increase.

Overtime is counted per week.

The first 8 hours of overtime are increased by 25%.

The following hours give rise to a 50% increase.

Overtime may be worked within the limit of an annual quota of 220 hours.

Part-time

Part-time working hours may be practiced at the initiative of the company or at the request of the working prisoner.

Any hours of work beyond the duration of the working hours provided for in the part-time prison employment contract shall be supplementary hours.

The completion of an additional hour shall entitle the employee to a pay increase.

The increase in remuneration shall be 10 % for each of the additional hours worked within the limit of 10 % of the hours laid down in the prison employment contract.

The increase in remuneration shall be 25 % for each hour worked between 10 and 50 % of the hours laid down in the contract.

The number of hours worked during a week or month shall not exceed 50% of the weekly or monthly working time provided for in the prison employment contract.

Periodic penalty payments

A period of stand-by duty is a period during which the inmate is not at work but is available to intervene in the event of an employer's request.

If the worker is requested by the employer, the duration of his intervention shall be considered as actual working time.

The stand-by duty period must be counterbalanced either in financial form or in the form of rest.

The stand-by duty period shall be taken into account for the calculation of the minimum daily rest period and the weekly rest periods.

The organization of periodic penalty payments and their method of compensation shall be determined by the company, after consulting the head of the prison and after informing the labor inspectorate.

The way in which prisoners are informed about the penalty payment must be laid down in the prison employment contract.

Individual scheduling of on-call periods must be notified to the inmate working one week in advance. In exceptional circumstances, the detainee must be notified of at least one free day in advance.

At the end of the month, the company must hand over to the inmate who has made periodic penalty payments a document summarizing the number of hours in the previous month and the corresponding compensation.

The company must keep available for the labor inspectorate, for a period of one year, a summary of the hours of on-call duty carried out by detainees during the past month and the corresponding compensation.

Daily Rest

Inmate workers are entitled to a daily rest period of at least 11 consecutive hours.

As soon as the daily working time reaches 6 hours, the detained person must be granted a break of at least 20 consecutive minutes.

Weekly rest

It is forbidden to make a detained person work more than 6 days a week.

Weekly rest must be given on Sundays.

It must be for a minimum of 24 consecutive hours, plus daily rest hours.

Weekly rest may be suspended for inmates who need to perform urgent security work in the institution. In this case, inmates shall be granted compensatory rest equal to the period of rest taken.

Public holidays

Prisoners must 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 the work took place on the 1st^er May.

The work done on 1^er may entitle the employee to double the normal remuneration.

Remuneration

Rates of pay shall be made known to persons detained by means of a poster.

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.

The minimum hourly remuneration for work carried out 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 company that hired them.

Remuneration for prisoners under a prison employment contract shall be paid to the prison, unless the sentencing judge has decided otherwise.

The penitentiary must collect social, employer and wage contributions before paying into the registered account of the working prisoner. The sums collected must be paid to the competent recovery agencies.

Inmate workers may benefit from a stand-by allowance for periods when he has not worked but has been available to perform an activity in case of need.

The amount of the penalty payment is €4.80 per day or per night, and €71.60 per week.

The hourly allowance for interventions during standby duty periods 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.

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
• Full-week penalty payment: 1 day and a half

Occupational health and safety

Inmate workers have the right, like all workers, to the protection of their safety and health.

The health and safety rules laid down in the Labor Code are applicable to work in prison.

They may be supplemented by special rules inserted in the prison employment contract or in the agreement accompanying it.

Where work is performed on behalf of a company, the institution shall take the necessary measures to ensure the safety and physical and mental health of the inmate worker.

The head of the penitentiary may request the intervention of the labor inspectorate if necessary to ensure compliance with these rules.

Mixedness

Prison work must be organized in a mixed environment, unless the maintenance of good order and the security of the institution precludes it.

In this way, men and women prisoners have the right to speak to each other in the course of their professional activities.

Staff who supervise work activities organized in a mixed manner may be female or male staff.

The conduct of psychological harassment or sexual harassment during an activity is a disciplinary offense of the first degree.

Social protection

The employer of the inmate who is a worker must pay his contributions for retirement.

Inmates are entitled to compensation for work-related accidents and illnesses.

However, the right to the working inmate's activity premium is suspended during the period of incarceration.