Employment of convicts without remuneration

Service

Convicted persons may also perform work. The rules of employing convicts are regulated by the Executive Penal Code (Act of 6 June 1997, Journal of Laws No. 90, item 557, as amended; hereinafter: the CC). As a rule, convicts who have maintenance obligations or a difficult financial situation are employed. Employment of convicts may also be unpaid, but under certain conditions.

Free employment of convicts

As part of the following work, the employment of convicts is free of charge:

  • cleaning and auxiliary works performed for the organizational units of the Prison Service,

  • cleaning works performed for the local government (working time may not exceed 90 hours per month).

A convict can also be trained to perform a specific job. Then its written consent is needed. Work is performed in prison workplaces for a period not longer than a month.

Attention!

As part of unpaid employment of convicts, prizes may be awarded to convicted persons.

Not every convict can be employed outside the prison

Depending on the type of prison, convicts are employed under different conditions:

  • open correctional facility - the convicted person may be employed outside the premises, without a escort and in individual positions (Article 92 (2) of the CC);

  • semi-open correctional facility - the convict may be employed outside the premises of the facility under the reduced escort system or without a escort and on individual positions (Article 91 (2) of the CC);

  • closed prison - sentenced to life imprisonment may perform work only on the premises of the prison (Article 121 § 10 of the CC); convicts who do not serve life imprisonment may be employed outside the facility under the full system of escorting (Article 90 point 2 of the CC).

Attention!

Persons sentenced to life imprisonment working in a closed-type establishment may perform work only on the premises of this prison.

 

Sending the offender to unpaid employment

In the case of employing prisoners without remuneration, they are employed on the basis of a referral to work or at the written request of an employee. If the work is performed in conditions harmful to health, a written consent of the convict is required.

When sending a convict to work, their profession, education, interests, possibilities and personal needs are taken into account.

A referral to work is issued by the director of the prison based on:

  • list of positions of convicted persons performing cleaning and auxiliary work for organizational units of the Prison Service,

  • an agreement for the unpaid employment of convicts who perform cleaning work for the local government,

  • an agreement for unpaid employment of convicts performing public works for public administration bodies,

  • an agreement for the unpaid employment of convicts performing work for charity purposes.

Attention!

Employment of convicts is paid, except in specific cases.

Consent to employ convicts

A convicted person who, as part of his sentence, would like to perform free of charge:

  • cleaning and auxiliary work for organizational units of the Prison Service,

  • public works for public administration bodies,

  • work for charity,

must apply for employment with the director of the prison.

Then the director may consent to employment on the terms established by him, so as to ensure the proper course of the imprisonment sentence.

Employment of a convict

Before the convict starts working, it is necessary for the doctor to determine his ability to work.

Before starting work, the convicted person should also be trained in health and safety regulations, fire regulations and the operation of machines and devices. She should also be informed about how the work is to be performed.

Withdrawal of consent for employment

Sometimes the director of a prison may withdraw consent to employ prisoners. This happens when:

  • the convicted person or the employing entity does not comply with the terms and conditions of employment established by the director of the penitentiary institution,

  • there is a problem with the functioning of the prison.

The director shall provide information about the withdrawal of consent in writing to the convicted person and the employing entity.

It is more and more common to employ convicts for work. Sometimes the work performed by these people may be unpaid. It is enough to meet a few basic conditions.