Whilst in prison, you have the right to apply for paid work if any position is available. However, you cannot demand that the prison administration create a position for you.
Read more about the specific rules for paid and unpaid work:
According to French law, you are required to engage in at least one of the activities proposed by the head of the prison. Such activities can include work, but also educational activities, cultural activities, sports etc. You are allowed to work in prison, but it is no longer compulsory in France since 1987. This means that the prison administration cannot force you to do unpaid work. If you wish to work, French law says that all measures shall be taken to ensure that prisoners who wish to work can do so.
What human rights violations may there be?
If you have been forced to do work this may lead to the violation against the prohibition of forced labour.
How to complain
If you are forced to do work, you should complain to the French Prison Administration. Read more about how to complain.
The prison administration does not have a duty to provide you with the type of work you want to do. It is only required to try to find work for as many prisoners as reasonably possible, depending on resources and the availability of positions.
Types of work possible
French law says that you can work in two main fields:
- You can work for the “general service”: this refers to tasks related to the maintenance of the prison facilities, such as cleaning common areas, doing maintenance work (painting, minor plumbing or electrical work), cooking, cleaning the kitchen, distributing meals to the prisoners etc. It also refers to other tasks like participating in the organization of the prison library or other cultural/educational activities.
- You can work in the production sector. For example, you can produce goods and services in workshops managed by the prison employment service that are sold outside prison. You can also work to produce goods in the prison but on behalf of a private firm or with a structure specialized in the integration of people through economic activities. You might also be allowed to work outside prison in certain conditions.
Application procedure
According to French law, if you wish to work, you should first ask the head of the prison to be “classified” for work.. The prison head will then examine your application and make a decision on your suitability, based on security and other reasons. If you are classified for work, the head of prison will tell you in which fields (general service and/or production) you are allowed to work.
You may then apply to the prison administration for a specific work position, but the administration does not have to follow your wishes. Your application will be examined by the prison administration and the multi-disciplinary committee. If your application is accepted and there are working positions available, the head of prison will decide which position you are assigned to. Priority for a particular position will be given to prisoners with the most suitable education and experience..
The position must not be denied to you on illegally discriminatory grounds.
example The reason that you did not get the position must not be due to your nationality, skin colour or religion.
If you have been assigned to a work position, you will then sign a “prison employment contract” with the service that employs you. The contract must contain certain information including but not limited to the job description, your working hours, and your salary.
Investigative prison
If you are in pre-trial detention, you may work if the prison administration provides a position. According to French law, you should receive permission not only from the head of the prison, but also from the official or institution in charge of your case (for example, from the police, prosecutor or court) to be allowed to work during this period.
Applicable law
The rules that must be complied with regarding your work are mostly set out in the Penitentiary Code. French Labour law is not applicable except when it is explicitly referred to in the Penitentiary Code. This means that the rules from the Labour Code on minimum wages and maximum working hours do not apply here, and the Penitentiary code provides the rules that apply to you. For example, the minimum salary of prisoners depends on the work you do.
- If you work in the production sector, your salary must at least equate to 45% of the minimum salary of the general population.
- If you work for the general service your salary must at least equate to between 20% to 33% of the minimum salary of the general population, depending on the position you are assigned to.
The Penitentiary Code also sets out rules for your working hours. You are not allowed to work for more than 48 hours per week, and 10 hours per day. You should have at least one day of rest per week, and you should have at least 20 minutes of break after working for 6 hours straight.
The prison administration must provide you with decent food that takes into account your work activity and hours. You should also be allowed to take a shower after work.
Rules on your health and safety at work are the same as the ones set out in the French Labour Code.
What human rights violations may there be?
If you have been denied a paid work position because of your nationality, skin colour or for other prohibited grounds, the prohibition against discrimination or unequal treatment may have been violated.
How to complain
If the prison administration refuses to “classify” you for work, or to assign you to a work position and you want to challenge this decision, you should first appeal the decision to the Interregional Director of Prison Services, within 15 days of receiving it. This also applies if you believe that the head of the prison has denied your application on unlawful grounds, or if the prison administration puts an end to your classification and/or assignment to a position and you disagree with this decision.
The Interregional Director will answer to your appeal within 1 month, but if you do not receive any answer from him within a month, this means that your appeal was rejected. If the Interregional Director confirms the decision of the head of prison, you can appeal to the Administrative Court.
Any dispute relating to your employment contract (salary, working hours) must be resolved before the Administrative Court, according to the procedure set out in the Code of Administrative Justice.
Read more about how to complain.