Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Eslovaquia (Ratificación : 1993)

The Committee has noted the information provided by the Government in reply to its earlier comments. It notes, in particular, the adoption of the new Criminal Code (Act No. 300/2005, Coll., as amended by Act No. 650/2005, Coll. and Act No. 692/2006, Coll.), which repealed the Criminal Code of 1961 (Act No. 140/1961, as amended). It also notes Act No. 528/2005 on the execution of sentences of community work, as well as the Government’s explanations concerning the application of this penalty, which can be imposed by the court of law, with the consent of the offender, in lieu of a sentence of imprisonment.

Article 2(2)(c) of the Convention. Work of prisoners for private enterprises. The Committee previously noted that, under the legislation in force, convicts are under obligation to perform labour and penitentiary institutions may create conditions for the use of prison labour by private enterprises. The Committee referred in this connection to sections 2(8) and 6 of Decree No. 26/2003 on the employment of convicted persons, under which prison labour or services can be provided to the private users of prison labour, on a contract basis, through the Accessory Economic Activities Centres set up by the penitentiary institutions.

The Committee recalled that, in order to be compatible with Article 2(2)(c) of the Convention, which expressly prohibits that prisoners are hired to or placed at the disposal of private enterprises, the work of prisoners for private users of prison labour should be carried out in conditions approximating a free labour relationship. This necessarily requires the formal and informed consent of the persons concerned and, further, since such consent is given in a context of lack of freedom with limited options, there should be indicators which authenticate such free given consent. The Committee has considered that the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. In addition, there may be also other factors that can be regarded as objective and measurable advantages which the prisoner gains from the actual performance of the work and which could be considered in determining whether consent was freely given and informed (such as the learning of new skills which could be deployed by prisoners when released; the offer of continuing the work of the same type upon their release; or the opportunity to work cooperatively in a controlled environment enabling them to develop team skills) (see
paragraphs 59–61 and 113–122 of the Committee’s General Survey of 2007 on the eradication of forced labour). In other words, work by prisoners for private enterprises does not come under the scope of the Convention if such work is performed voluntarily and no compulsion is involved.

As regards conditions of work of convicted prisoners, the Committee has noted the provisions of Acts Nos 475/2005 and 221/2006, which govern the execution of prison sentences, as well as the Government Regulation No. 384/2006 concerning remuneration of working convicts. The Committee also notes the Government’s indications in the report concerning the applicability to convicted persons of a number of provisions of the Labour Code governing working hours and rest periods, overtime work, occupational safety and health and employers’ accountability for damages caused by occupational accidents and diseases.

As regards the prisoner’s consent to perform labour for private enterprises, the Committee previously noted the Government’s indication that the formal consent to perform the assigned work is given by the convicted person when such person is included into a particular workplace, and that no case of prisoners’ refusal to work has been recorded during the last three years within the framework of the whole prison system. The Government indicates in its latest report that convicted persons give the formal consent to work when being assigned to a workplace by the Assigning Commission and, before being assigned to work, convicts must be properly and demonstrably informed of their rights and obligations, of safety and health requirements, etc. According to the Government, convicted persons can say before the Assigning Commission whether they wish to perform the assigned work, and particular work assignments are recorded in their personal files.

While noting these explanations, the Committee requests the Government to indicate how the requirement of a formal consent of a prisoner to work for private enterprises is ensured, so that such consent is free from the menace of any penalty, and to supply copies of relevant documentation or provisions. Please also supply a copy of Decrees of the Ministry of Justice Nos 664/2005 and 437/2006 issuing rules concerning the execution of sentences of imprisonment, referred to in the Government’s report.