Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Austria (Ratificación : 1960)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Austria (Ratificación : 2019)

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Work of prisoners for private companies. For several years, the Committee has been examining the situation of prisoners who are obliged to work, without their formal consent, in workshops operated by private enterprises within state prisons, pursuant to section 46(3) of the Law on the execution of sentences (StVG).

The Committee notes the Government’s indication, in its report, that, following the increase in the Index of Agreed Minimum Wages, prisoners’ wages were raised as of January 2024. It also notes the Government’s repeated indication that prisoners working for private companies: (i) benefit from working conditions comparable to those in a free labour relationship; and (ii) remain under the supervision and control of the prison director and staff, as private companies have no disciplinary authority over prisoners and may not give direct or indirect coercive instructions. The Government states that only two privately operated workshops are currently active within prison premises – at Graz-Karlau, employing 13 prisoners, and at Stein, employing 20 prisoners. The Government further explains that, in practice, prisoners express interest voluntarily and must submit a written request, before being interviewed by the private employer and assigned after a probationary period. Prisoners who do not wish to work in these workshops are assigned elsewhere within the prison. The Government therefore considers that no amendment to section 46(3) is required, as these workshops expand reintegration opportunities and support preparation for release.

The Committee takes note of this information. It is bound to point out, however, that compulsory prison labour is excluded from the scope of the Convention under Article 2(2)(c) only if two cumulative conditions are met: (i) the work is carried out under the supervision and control of a public authority; and (ii) prisoners are not hired to or placed at the disposal of private individuals, companies or associations. The use of the labour of convicted persons in workshops operated by private enterprises would be compatible with the Convention only where it is based on conditions of employment comparable to those of free workers, namely, where it is subject to the free, informed and formal consent of the prisoners concerned who must offer themselves voluntarily, without being subjected to pressure or the menace of any penalty.

In this regard, the Committee recalls that: (i) under section 44 of the StVG, all prisoners are under an obligation to perform work, which is enforceable with fines under section 107(1)(7) (read with sections 109, No. 4 and 113); and (ii) the prisoner’s consent is not required for work in workshops operated by private enterprises within state prisons, but only for work outside prison premises (section 126(3) of the Law). The Committee recalls that the Convention covers not only situations where prisoners are directly “employed” by a private company, but also those in which they are hired to private enterprises while remaining under the authority and control of the prison administration. The Committee therefore once again requests the Government to take the necessary measures to bring the legislation into conformity with the requirements of the Convention, and the indicated practice, including by ensuring that free, informed and formal consent is required for the work of prisoners in workshops operated by private enterprises within prisons premises. It requests the Government to provide information on: (i) any legal provision or regulation governing prisoners’ requests to work in privately operated workshops within prisons; and (ii) the number of prisoners working in such workshops.

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