Obligation to work for prisoners
Definition and legal basis
The obligation to work for prisoners refers to the legally established duty for incarcerated individuals to engage in work during their imprisonment within a correctional facility. It represents a central provision of German prison law and is primarily regulated by the Prison Act (StVollzG) of the federal government and, in addition, by state prison laws. The purpose of this provision is to prepare inmates for a law-abiding life in freedom, to structure their daily routine, and to enable them to contribute to their own livelihood.
According to § 41 StVollzG, prisoners are generally obliged to work during detention, unless health or other compelling reasons speak against it.
Statutory regulations
Federal statutory provisions
Das Prison Act of the federal government provides detailed regulations on employment and work for inmates in §§ 41-46 StVollzG:
- Obligation to work (§ 41 StVollzG): Prisoners who have been finally sentenced to imprisonment and against whose execution there are no legal obstacles are obliged to work.
- Exceptions: Inmates whose health or personal condition does not allow them to work, as well as pre-trial detainees, are not subject to the obligation to work but may work voluntarily.
- Work assignments: Correctional facilities are obliged to provide suitable jobs (institutional work, contractor work, self-employment).
In addition, the state prison laws—such as the Bavarian Prison Act (BayStVollzG) or the Hessian Prison Act (HStVollzG) – govern the details of implementation, particularly regarding work sectors, employment opportunities, and remuneration.
European and international requirements
Provisions from Art. 4 of the European Convention on Human Rights (ECHR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners must be observed when shaping the work obligation. In particular, no forced or compulsory labor in the sense of exploitative activity may occur. The work must have a rehabilitative character and comply with general human rights.
Scope and design of the work obligation
Institutional work and possible fields of activity
Work in prisons is divided into various forms:
- Domestic tasks: Working in the institution’s kitchen, laundry, cleaning, or technical services.
- Workshops: Craft, industrial, or agricultural work in specialized institutional workshops.
- Contractor work: Outsourcing of work to private companies within the correctional institution.
Working hours
Working hours are generally based on the conditions of the general labor market and usually range between 38 and 40 hours per week, but may vary depending on the nature of the detention or operational needs.
Refusal to work and consequences
Refusing reasonable work without sufficient cause constitutes a regulatory offense under § 103 StVollzG. As consequences, disciplinary measures (e.g., withdrawal of privileges, solitary confinement) or a reduction of in-house funds may be imposed.
Remuneration and social security
Work remuneration
The current design of remuneration for prisoners’ work is based on § 43 StVollzG. The work payment (so-called ‘in-house funds’) is significantly lower than regular wages outside prison and is typically saved or paid out to the prisoner at about three-sevenths. The remaining parts are used to settle obligations such as maintenance payments or compensation for damage resulting from the offense.
Treatment under social insurance law
Prisoners are generally not included in statutory pension, unemployment, or long-term care insurance (§ 190 SGB VI), unless they participate in special education or qualification measures. The demand for greater integration into social security systems is an ongoing subject of policy discussion.
Legal protection and judicial review
Inmates have the right to have measures relating to the work obligation reviewed by the Court for Execution of Sentences pursuant to § 109 ff. StVollzG, if they believe they are being unlawfully obliged to work or are being disadvantaged.
Constitutional and human rights assessment
Relation to fundamental rights
The obligation to work affects Article 12(2) and (3) of the Basic Law (GG), which generally prohibits forced labor and restrictions on occupational freedom. However, Article 12(3) GG explicitly provides an exception for deprivation of liberty imposed by court order. Article 2 GG (general right of personality) and Article 1 GG (human dignity) are also affected by how the obligation to work is structured.
Jurisprudence and case law
Das Federal Constitutional Court has repeatedly confirmed that the mandatory employment of prisoners is compatible with the Basic Law, as long as rehabilitation, social security, and humane conditions are guaranteed (BVerfG, decision of 05.02.1982 – 2 BvR 1187/80). In particular, the work obligation must not be designed as a harsher punishment or a disproportionate burden.
Criticism, reform debates, and developments
The design of the work obligation is an ongoing subject of social and political debate:
- Level of remuneration: The amount of work remuneration is often criticized as inadequate.
- Social security: Demands for inclusion in the pension system are regularly supported by prison organizations and social associations.
- Right to rehabilitation: Professional organizations call for a stronger focus on vocational qualification to improve job prospects after release.
Conclusion
The obligation to work for prisoners is a legally regulated part of the German correctional system and primarily serves rehabilitation, social reintegration, and the maintenance of orderly prison operations. The legal framework is regulated in a complex way both nationally and internationally and is subject to constant legal and societal development. In practice, the obligation to work is situated between the requirement for rehabilitation, constitutional restrictions, and effective prison organization.
See also:
- Prison Act
- Rehabilitation
- Human rights in prison
Frequently Asked Questions
Are prisoners legally obliged to work?
Yes, in German prisons there is a general obligation to work for prisoners. According to § 41 of the Prison Act (StVollzG), all individuals convicted under criminal law who are in a correctional facility are required to perform assigned work. This obligation serves several legal purposes, particularly rehabilitation and maintaining or enhancing the prisoners’ ability to work. The type of assigned work is determined by the goal of rehabilitation but also depends on the organizational and economic circumstances of the respective institution.
What exceptions are there to the obligation to work?
The law provides for various exceptions to the obligation to work for prisoners. This primarily applies to prisoners who are unable to work due to age or health. A medical assessment is required to confirm incapacity for work. Pregnant or nursing mothers can also be exempted from the obligation, as can prisoners participating in certain educational programs or who have not yet reached adulthood. Moreover, pre-trial detainees have no obligation to work but may do so voluntarily.
What are the legal consequences of refusing the obligation to work?
If a prisoner refuses assigned work without a justified reason, disciplinary measures may be taken in accordance with §§ 102 ff. StVollzG. Possible sanctions include restrictions on outings or visits, solitary confinement, or revocation of privileges. For repeated offenses, stricter measures may be imposed, whereby the principle of proportionality and human dignity must always be observed. Criminal prosecution is generally not pursued, as the work obligation pertains to the prison regime and not to the Criminal Code itself.
Are prisoners entitled to remuneration for their work?
Prisoners generally receive remuneration for their work, referred to as “wages for prisoners.” The amount of this remuneration is legally stipulated and significantly lower than comparable wages on the open labor market. According to § 43 StVollzG, there is an entitlement to a so-called “rehabilitation allowance,” parts of which may be compulsorily used for subsistence expenses and to repay debts. However, prisoners are not entitled to the statutory minimum wage under the Minimum Wage Act.
What legal rights do prisoners have regarding working conditions?
According to § 37 StVollzG, prisoners are entitled to adequate working conditions. This particularly concerns working hours, occupational accident and health protection, as well as remuneration. Occupational safety regulations also apply; for example, rules of the Working Hours Act and regulations on occupational safety must be largely considered. Furthermore, prisoners are entitled to a medical examination when starting work and to regular check-ups for certain types of work. However, works councils or unions are not provided for in correctional facilities.
Are prisoners subject to compulsory social insurance for their work?
To date, prisoners in Germany are excluded from compulsory social insurance. No contributions are paid for pension, health, long-term care, or unemployment insurance for their work. The case law of the Federal Constitutional Court regularly deals with the question of whether this practice is constitutional; however, there has been no change. There is only accident insurance during work, which is provided by the respective correctional facility or the federal state.
Can assigned work be refused or changed?
Prisoners generally have the option to appeal against the assignment of specific work if, for compelling and legally relevant reasons (e.g., religious beliefs or health issues), they cannot perform it. The application for a change or refusal is assessed by the institution’s management. In case of doubt, the decision can be challenged under administrative law, with the usual legal remedies such as objection and action before the administrative court being available. However, there is no free access to specific jobs; assignments are based on the needs and capabilities of the institution.
