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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:
No, working is a right and not a duty. The legislation is incorporated in the "Basic Law". The article concerned is not applicable yet (implementing decree).
Are the inmates remunerated for their labour?Yes, Ministerial Decree of 1 October 2004 establishing the amounts of the wages paid to the detainees.
Which are the circumstances where labour is not compulsory for convicted persons?Working is not obligatory for the persons sentenced to a custodial sentence.
Is there any percentage of the inmates’ remuneration used by the prison administration to improve detention conditions?Somewhat less than 10 %.
If yes, which is the total percentage representing the deduction from the state budget for detention costs?Negligible
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Compulsory work is cleaning and helping work for prison or local government up to 90 hours per month. For this kind of work the covict is not entitled for remuneration.The legislation: The Executive Penal Code Art.123a.
Are the inmates remunerated for their labour?Yes, they are remunerated for their work ( with reservation of compulsory work described in the previous point). The remuneration, to which the convict employed full time is entitled, is determined in a way ensuring that it reaches at least the level of one minimum remuneration, specified on the basis of separate provisions. A share of 55% of the convict'c remuneration belongs to him/her, 35% is used for Professional Activisation Fund (creating more work places for inmates), 10% is used for Post-Penitentiary Help Fund. The income tax and health insurance are paid as well. Executive Penal Code Art 123
Which are the circumstances where labour is not compulsory for convicted persons?All kind of paid work is not compulsory.
Is there any percentage of the inmates’ remuneration used by the prison administration to improve detention conditions?No
If yes, which is the total percentage representing the deduction from the state budget for detention costs?No
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Rule 82 of The Prisons and Young Offenders Institutions (Scotland) Rules 2011; states that every convicted prisoners is required to work in prison (Rule 82 (1))
Are the inmates remunerated for their labour?A prisoner is entitles to be paid earnings at such rate and in accordance with such conditions as may be specified in a direction by the Scottish Ministers, where a prisoner undertakes a) Work in terms of rule 82 or 85; or b) An educational class or counselling arranged in terms of rule 84.
Which are the circumstances where labour is not compulsory for convicted persons?Rule 82 (2) states 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 do a particular class of work by the Governor, acting on the advice of a healthcare professional, on health grounds b) Excused from working , or do any particular class of work by the Governor on any ground; c) Undertaking an educational class arranged in terms of rule 84; or d) Undertaking counselling provided in terms of rule 84 Rule 83 (3) A prisoner may only work in the service of another prisoner or of an officer where the Govenor has given his or her express authority for such work to be done.
Is there any percentage of the inmates’ remuneration used by the prison administration to improve detention conditions?No. Each prisoner is entitled to keep remuneration earned.
If yes, which is the total percentage representing the deduction from the state budget for detention costs?No, inmates' labour is not compulsory. It is regulated by the Enforcement of Criminal Sanctions Act (ECSA).
Are the inmates remunerated for their labour?Yes, they are remunerated for their labour. It is defined by the Enforcement of Criminal Sanctions Act .
Which are the circumstances where labour is not compulsory for convicted persons?ECSA artricle 15: 1) A convict who is able to work must be provided with work in accordance with the possibilities of the prison. A convict who is not able to work regularly must be provided with an opportunity to attend work therapy within the possibilities of the prison. 2) The work of convicts must ensure preservation, acquisition and improvement of their professional capacities in order to facilitate easier integration into life outside prison. As answered in question 1, labour is not compulsory.
Is there any percentage of the inmates’ remuneration used by the prison administration to improve detention conditions?No
If yes, which is the total percentage representing the deduction from the state budget for detention costs?