Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - España (Ratificación : 1932)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - España (Ratificación : 2017)

In its previous comments, the Committee noted the observations made by the Trade Union Confederation of Workers' Committees (CC.OO.) concerning the application of the Convention, according to which prisoners are not guaranteed the conditions of employment set out in agreements as regards working hours, remuneration and benefits. The CC.OO. also indicated that the conditions to which prisoners are subject as regards social security are not the same as those for other workers.

The Committee notes that the above organisation repeated its allegations in comments that were transmitted by the Government in its report received in November 1991.

The Committee also noted that the Prison Regulations (Royal Decree No. 1201/81) do not establish clearly that the free consent of convicts is required for them to work in private enterprises.

So that it can ascertain the current situation in practice, the Committee requested the Government to provide copies of agreements that have been signed between prisons and private enterprises, as well as copies of contracts signed between prisoners and private enterprises, and any other relevant information on the conditions of employment of convicts who work for private enterprises.

The Committee notes the detailed information supplied by the Government on the various systems under which work is carried out in prisons.

The Committee notes that, according to the Government, in practice the voluntary nature of work performed by convicts for private enterprises does not raise difficulties, in view of the fact that work under an open system is greatly sought after by prisoners and, moreover, is comparable with the normal employment relationship in terms of remuneration and social security. The Government points out that productive employment is governed by the labour legislation (sections 185(1)(c), 185(2), 186(1), 189 and 191 of Royal Decree No. 1201/81), which implies that it is performed on a voluntary basis and that it is governed by the specific provisions contained in the Regulations.

The Committee takes due note of these statements and requests the Government to supply copies of contracts that have been concluded between private enterprises and prisoners, whether or not they have been concluded through the prison management.

The Committee notes that, under the fifth paragraph of the model collaboration contract between the independent body "trabajos penitenciarios" and private enterprises, which was supplied by the Government, the "minimum inter-sectoral wage shall be determined when the contract is concluded in accordance with the standards laid down by the independent body 'trabajos penitenciarios'".

The Committee requests the Government to supply information on the standards laid down by the independent body "trabajos penitenciarios" for the determination of the inter-sectoral minimum wage and to indicate the wage levels actually paid under the contracts in question.