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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Romanian National Administration of Penitentiaries is in the process of developing of a new Strategy for the inmate’s social reinsertion, in the framework of the strategy cycle 2020-2024. In order to improve and diversify the measures and policies to support the inmate’s reinsertion at national level, we consider the inmates labour and payment an important element, thus we are asking for your expertise on this subject, by answering to the following questions.
The Irish Prison Rules allow for serving prisoners to be engaged in external employment, approved by the Prison Governor. In practice, this only takes place from the two Open Prisons, out of the total of 12 prisons in Ireland. There are currently 25 serving prisoners in Open Prisons working in paid external employment. Employers may apply to the Governor of an Open Prison, to employ a serving prisoner and the Governor may approve this or not approve it.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?The contract of employment is provided by the employer to the prisoner, but must be also copied to the Prison Governor before the arrangement is approved. There is no standard format used by the Irish Prison Service. The Irish Prison Service has provided the Governors of the two Open Prisons with a standard application form to be completed by employers seeking to employ serving prisoners. A copy is attached. This requires applicant employers to provide a copy of the proposed employment contract.
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Under the current Irish Prison Rules, the salary is paid by the employer to the Prison Account under the control of the Governor and is then paid in full (without further deductions) by the Governor to the prisoner. The Irish Prison Service is exploring legal options to deduct an amount to be paid to the prison administration, but this is not currently in place.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?Statutory contributions such as income tax and social insurance are deducted by the employer before paying the net amount into the prison account controlled by the Governor
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No, there are no additional benefits for employed prisoners such as increased remission
What are the tax benefits for the employers who employ inmates and former inmates?There are some incentives available to all employers who employ certain categories of employee, such as the long-term unemployed, which may include released ex-offenders. There are no additional grants, tax reliefs or other incentives for employing ex-offenders soecifically.
Attachments:
Employment relationships are regulated by an agreement signed by both the employer and the prison establishment.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?Signatories are Administration/Employer. Model contract/agreements are attached.
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Salary is maintained by prisoner.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?Any such insurances are deducted by the employer.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No.
What are the tax benefits for the employers who employ inmates and former inmates?Yes.
Attachments:
the regulations are set forth in the Code on Penal Sanctions Enforcement
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?inmate-employer. The sample labour contract is in Lithuanian only (attached)
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?100 percent to the inmate
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?Both the inmate and the employer
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?conditional release, transfer to a half-way house
What are the tax benefits for the employers who employ inmates and former inmates?No tax benefits
Attachments:
Employment relationships are regulated by an agreement signed by both the employer and the prison establishment.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?Employment relationships are regulated by an agreement signed by both the employer and the prison establishment.
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Salary is maintained by prisoner.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?Any such insurances are deducted by the employer.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No.
What are the tax benefits for the employers who employ inmates and former inmates?No additional benefits.
Attachments:
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Employment relationships are regulated by Part 9 of The Prisons and Young Offender Institutions (Scotland) Rules 2011. Arrangements for work, education and counselling 81.—(1) The Governor must obtain reports about a prisoner’s particular needs and wishes concerning work and education as soon as practicable after that prisoner is received into prison. (2) The Governor must, following receipt of the reports referred to in paragraph (1), and in consultation with the prisoner, determine a programme of work, educational activities and counselling for the prisoner with the objectives of improving— (a)the prospects for the prisoner’s successful resettlement in the community; and (b)the prisoner’s morale, attitude and self respect. Prisoners’ work 82.—(1) Subject to the following provisions of this Part, every prisoner is required to work in prison. (2) No prisoner may be required to work, or to do work which is of a particular class, at any time when they are— (a)excused from working, or from doing any particular class of work by the Governor, acting on the advice of a healthcare professional, on health grounds; (b)excused from working, or from doing any particular class of work by the Governor on any other ground; (c)undertaking an educational class arranged in terms of rule 84; or (d)undertaking counselling provided in terms of rule 84. (3) A prisoner may only work in the service of another prisoner or of an officer where the Governor has given his or her express authority for such work to be done. Conditions of work 83.—(1) No prisoner is required to work, or take part in an educational class arranged in terms of rule 84 in lieu of work, for more than 40 hours a week (excluding meal breaks). (2) Every prisoner is entitled to a minimum of one day each week as a rest day on which he or she will not be required to work or take part in an educational class in lieu of work. (3) A prisoner who has declared himself or herself to belong to a particular religion or religious denomination is entitled, as far as reasonably practicable— (a)to take the weekly rest day specified in paragraph (2) on any recognised weekly day of religious observance; and (b)to be excused from work or from undertaking an educational class or counselling, arranged in terms of rule 84, on such other days in a year as are recognised days of religious observance and are specified in a direction made by the Scottish Ministers. (4) A prisoner is entitled to work in association with other prisoners except where— (a)an order has been made under rule 95 removing him or her from association with other prisoners either generally or during any period the prisoner is undertaking work; (b)the prisoner is subject to cellular confinement imposed under rule 114(1)(d). Purposeful activities 84.—(1) The Governor must provide a range of purposeful activities for prisoners which, so far as reasonably practicable, takes into account— (a)the interests and need of prisoners to obtain skills and experience which will be of use to them after their release; and (b)the requirements of the operation and maintenance of the prison. (2) “Purposeful activities” include— (a)work; (b)education of any kind, including physical education; (c)counselling and other rehabilitative programmes; (d)vocational training; and (e)work placements outside the prison. (3) The Scottish Ministers may, in relation to work placements outside the prison provided under paragraph (2)(e), specify in a direction— (a)the groups or categories of prisoners who may be allowed to undertake such placements; (b)the circumstances in which, and the conditions subject to which, such placements may be provided to prisoners; and (c)the conditions which will apply to any prisoner or group or category of prisoners undertaking such placements. (4) In carrying out the duty under paragraph (1) the Governor— (a)must arrange, so far as reasonably practicable, a programme of educational classes to provide prisoners with an opportunity to pursue their interests and needs; and (b)may arrange the provision of counselling (including group work activity) which is appropriate to the needs of prisoners. Work undertaken by untried and civil prisoners 85.—(1) An untried prisoner or a civil prisoner is not required to work in prison but may, if the prisoner so chooses and with the agreement of the Governor, undertake work or an educational class arranged in terms of rule 84. (2) An untried prisoner or a civil prisoner who undertakes work, will be entitled to be paid earnings in accordance with rule 86. (3) An untried prisoner or a civil prisoner may only work in the service of another prisoner or of an officer where— (a)the prisoner consents to do such work; and (b)the Governor has given his or her express authority for such work to be done Earnings 86. A prisoner is entitled to be paid earnings at such rates and in accordance with such conditions as may be specified in a direction by the Scottish Ministers, where the prisoner undertakes— (a)work in terms of rules 82 or 85; or (b)an educational class or counselling arranged in terms of rule 84.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?There are no individual contracts. Work and earnings comply with the SPS Prisoner Wage Earning Policy. Prisoners in employment • All of the relevant purposeful activities and work roles available for which prisoners receive payment within each establishment should be classified into activity levels 1 – 4, including outside placements. • The level assigned and rate of earnings applicable to every purposeful activity/work role available in each establishment must be published and copies made available to all prisoners in the residential areas. Some establishments may require to make slight adjustment to the classification of activity level for certain activities/tasks to ensure affordability within the overall budget available. The actual rate of payment for each activity/work session is fixed and must not be altered at establishments. • The rates are based on attendance at activity/work for half day sessions each week and no prisoner should be paid for attendance at more than 10 half day sessions per week (some prisons may have to factor in time off for individual prisoners during the week to cater for essential weekend and evening working). • Prisoners should not be penalised for wage earning if work or activity is curtailed or not available due to operational reasons. Where an establishment operates a timetabled approach to taking part in activity which does not take place or a routine workshop closure or whenever activities are curtailed at short notice, the prisoner will be credited with the appropriate session payments for the number of periods concerned. • Prisoners will not be disadvantaged by taking part in offence focussed work or through part time attendance at education classes or participation in other self-development activities. • Untried prisoners and persons awaiting deportation may be offered the opportunity to work, if it is available. Priority to any work that is available should be given to prisoners who have no access to Prisoner Personal Cash (PPC). • Prisoners’ work performance will be assessed against 3 performance standards. A, B and C. • Prisoners who transfer from one establishment to another will receive one week’s repeat wage set by the sending establishment, thereafter the wage is set by the receiving prison.
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Wages are paid directly into Prisoner Person Cash (PPC). If a prisoner wishes to have a television in his cell, he is required to pay a nominal rental fee on a weekly basis.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?The National Health Service provides free healthcare to all those in custody in the same way as it does to those in the community.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No.
What are the tax benefits for the employers who employ inmates and former inmates?None.
In Finland, a prisoner in an open prison can do civilian work. In this case, a normal employment contract is concluded between the prisoner and the employer. The prison organizes all other work activities. A relatively small number of prisoners work in civilian work. There are other ways that legislation allows, but they are very marginal.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?The prison organizes work, such contracts are not drafted so there is no model contract.
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?In civilian work, where a prisoner normally draws up an employment contract with his employer, he is paid entirely for himself. The prisoner normally pays the state fees and taxes as required by law. An operating grant/so called prison-wages is paid for the work organized by the prison. The prisoner receives the prison-wages and is not taxed.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?In civil work, these payments are subject to normal legislation. These charges are not paid in prison-organized prison work.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No.
What are the tax benefits for the employers who employ inmates and former inmates?There are no benefits. The Ministry of Labor has concepts that support employment. These can be utilized during controlled trial leave. There are no special projects for former prisoners. They are on an equal footing with other citizens in terms of employment support measures.
The inmate’s employer is the prison or remand prison. Inmates are included to work in internal operation of the prisons or in enterprise centres. The employer's obligations towards inmates included to work are fulfilled by the state through the prison. In case the inmate is included to work in the enterprise centre that provides works and services to legal or natural persons on the basis of contractual relationships, inmates shall carry out services also to these institutions. The business-legal relationship is then concluded between the prison and customer. Works and services are performed on the basis of the contract setting out the conditions under which pre-trial detainees or convicts shall work. However, in such case the inmate is in the legal relationship only with the prison.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?By the inclusion of the inmate to work no labour relationship or any other similar employment relationship does arise between the inmate and the employer – prison/remand prison. In accordance with § 42 Sec. 2 of the Act on Prison Sentence Execution it is a special relationship between the prison and the inmate. For this reason “standard“ labour contract between inmate and „employer“ (prison) shall not be concluded (e.g. the particularity of this relationship is that, in contrast to the labour relationship, the fact that the prison can end the inclusion of inmate to work anytime, and that also without stating the reason).
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Pre-trial detainees and convicts included to work have the right for the work remuneration stipulated by the Government Decree of the Slovak Republic No. 384/2006 Coll. on the amount of work remuneration and conditions of its provision to pre-trial detainees and prisoners, as amended. From the gross work remuneration of the inmates, the prison shall drain deductions to social and health insurance; the rest is the net work remuneration from which, deductions shall be drained in percentages stated amount and in following order for payment: - alimony for persons towards whose the inmate has the obligation to pay alimony, - costs of the prison sentence (55 % for inmate without the obligation to pay alimony; 45% for inmate with the obligation to pay alimony), - claims on the basis of the decision of the Prison Governor, - other authorised claims towards the inmate.
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?To inmates included to work, deductions are drained from the work remuneration to social and health insurance. Deductions are sent to the Social Insurance Company managed by the state and to health insurance companies. Mentioned insurance companies are responsible for paying the sick-benefits and old-age benefits to inmates included to work.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?Additional to the work remuneration, inmates included to work have the right to higher diet, so called diet for working inmate. The days considered executed as a reward for the labour are not applied within our system.
What are the tax benefits for the employers who employ inmates and former inmates?Institutions that employ inmates or former inmates have no tax benefits in Slovakia.
In the course of detention, prisoners can work for prison administration or for third parties. In the first case there is no employment contract between the parties, the work is regulated by art. 20 and following of the Penitentiary Act. Holidays, leaves and working hours are guaranteed and regulated, by analogy, on the basis of the provisions of the National Labor Contract of reference. The remuneration, including severance pay, thirteenth and, if required, fourteenth, is equal to 2/3 of what is established by the National Labor Contract. For prisoners who work in prison employed by external subjects, the same rules apply on the labor market as free subjects.
If an individual employment contract/agreement is concluded, who are its signatories (inmate-employer; inmate-administration/administration-employer; a single contract signed by all parties involved)?See n. 1
Is the salary given to the inmate entirely, or part of it is going to the prison administration? If yes, what percentage of it is going to the prison administration?Remuneration is paid to the worker, whether he works for the prison administration, or for external employees
Who is responsible for paying medical and social insurances in case inmates are employed and getting paid?The manager/responsible is the employer who makes the deductions from the remuneration law.
In addition to salary, are there any other benefits available for the inmates (e.g. days considered executed as a reward for the labour etc.)?No, there are no benefits
What are the tax benefits for the employers who employ inmates and former inmates?External employers who hire detainees enjoy tax relief (€ 520 of tax credit per month for each worker detained hired) and tax breaks (95% reduction of social security and social security withholdings for the entire period of recruitment under detention). The same advantage measures continue for subsequent 18/24 months following release from prison if the employment relationship continues with the same employer