Prisoners who work are not entitled to paid leave, ruled on Monday, November 30, the Council of State seized by the French section of the International Prison Observatory (OIP), whose request was rejected.
Read also: Unworthy conditions of detention: the Court of Cassation makes the release of a prisoner possible
"
The detained persons who participate, at their request, in the professional activities organized in their penitentiary establishment remain under the penal regime, under which they were placed by decision of the judicial authority
", recalled the highest administrative court. in his decision.
The work in prison, underlines the Council of State, "
aims essentially
" to prepare the reintegration of prisoners.
While working prisoners are not entitled to paid leave, "
their working hours must not exceed those practiced in a free environment in the type of activity considered
" and respect for weekly rest and public holidays must be ensured. detained workers, recalled the Council of State.
Labor law does not apply in prison, deplores the OIP.
Thus, in addition to paid leave, working prisoners cannot claim the minimum wage, unemployment insurance or payment of compensation in the event of technical unemployment, sick leave or work accident.
They cannot rely on the rules governing dismissal procedures or trade union rights.
However, notes the OIP, "
despite the scarcity of supply, the precariousness of working conditions and low pay, work is highly prized in prison
".
“
It remains one of the only sources of income, to meet the expenses of detention (purchases of basic necessities, rental of television or refrigerator, telephone costs, etc.) or to meet the needs of relatives in the home. 'outside
', explains the OIP.
In 2018, 19,284 people had a job in detention for more than 70,000 people in prison.
From 46.2% in 2000, the rate of inmates with a job fell to 28% twenty years later.
Watch video: Masks, coffins: in the face of shortages, detainees put to work
