Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Austria (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Austria (Ratification: 2019)

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Work of prisoners for private companies. For a number of years, the Committee has been examining the situation of prisoners who are obliged to work, without their consent, in workshops run by private enterprises within state prisons. In this connection, it referred to section 46, paragraph 3, of the Law on the execution of sentences, as amended by Act No. 799/1993, according to which prisoners may be hired to private enterprises that may use their labour in privately run workshops and workplaces both inside and outside prisons. The Committee repeatedly pointed out that the practice followed in this regard in Austria corresponds in all aspects to what is expressly prohibited by Article 2(2)(c), namely, that a person is “hired to” private contractors. It noted, in particular, that the Convention addresses not only situations where prisoners are “employed” by the private company or placed in a position of servitude in relation to the private company, but also situations where prisoners are hired to private enterprises but remain under the authority and control of the prison administration.

The Committee notes the information provided by the Government concerning the rise in convicts’ wages in January 2014, in accordance with the 37.89 per cent increase in the wages index above the level of 1 March 2010. It also notes the Government’s repeated indication that prisoners working for private contractors benefit from rights and conditions of work that are similar to those guaranteed in a free labour relationship. Additionally, the Government states that only about 2.5 per cent of companies operating in Austrian prisons are privately run and that care is taken to ensure that prisoners are free and willing to carry out work in prison premises on a fully informed basis.

The Committee notes further that, in its observations attached to the Government’s report, the Federal Chamber of Labour indicates that no complaints appear to have been submitted by prisoners regarding their conditions of work. The Chamber also expresses the view that it would be desirable to continue with the integration of prisoners into social insurance systems and to ensure that prisoners willing to work are able to do so.

While noting the information from the Government that prisoners are free and willing to work in prison premises on a fully informed basis, the Committee once again points out that, pursuant to section 46, paragraph 3 of the Law on the execution of sentences currently in force, prisoners’ consent is not required for work in private enterprise workshops inside prisons, but only for such work outside prison premises. In the absence of such voluntary consent, the other factors mentioned by the Government, cannot be regarded as indicators of a freely accepted employment relationship. The Committee once again draws the Government’s attention to the fact that the work of prisoners for private companies is only compatible with the Convention where it does not involve compulsory labour. To this end, the formal, freely given and informed consent of the persons concerned is required, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages, occupational safety and health and social security. The Committee therefore urges the Government to take the necessary measures to ensure that freely given and informed consent is required for the work of prisoners for private companies, both inside and outside prison premises, in accordance with the Convention. In particular, the Committee requests the Government to indicate the action taken to ensure that the consent to perform work is obtained from such prisoners without the menace of any penalty, such consent being authenticated by the existence of objective and measurable factors such as conditions of work that approximate those of a free labour relationship, with regard to wage levels, occupational safety and health and social security.

The Committee is raising other matters in a request addressed directly to the Government.