Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Russian Federation (Ratification: 1956)
Protocol of 2014 to the Forced Labour Convention, 1930 - Russian Federation (Ratification: 2019)

Article 2(2)(c) of the Convention. Prison labour. In its earlier comments, the Committee noted that section 103 of the Code on the Execution of Penal Sentences provides that convicted persons are under an obligation to perform labour, such labour being exacted from them by the administration of penitentiary institutions at enterprises of such institutions, at state enterprises, or at enterprises of other forms of ownership. The Committee also noted that pursuant to section 21 of Act No. 5473-I (21 July 1993) on the institutions and bodies for the execution of penal sentences involving deprivation of freedom, compulsory labour may be exacted from convicted prisoners at enterprises of any organizational or legal form, even if such enterprises do not belong to the system of the execution of penal sentences and are located outside of penitentiary institutions. In the latter case, compulsory labour will be exacted on the basis of a contract concluded between the administration of penitentiary institutions and the enterprises concerned. Regarding the conditions of work of convicted prisoners, the Committee noted that, under sections 103–105 of the Code on the Execution of Penal Sentences, their hours of work and rest periods, occupational safety and health, as well as remuneration are governed by the general labour legislation. In this regard, the Committee observed that while prisoners’ conditions of work may therefore be considered as approximating those of a free labour relationship, the legislation does not require the free, informed and formal consent of prisoners to work for private enterprises.

Noting an absence of information on this point in the Government’s report, the Committee recalls once again that Article 2(2)(c) of the Convention strictly prohibits that prisoners are hired to, or placed at, the disposal of private enterprises. The work of prisoners for private companies is only compatible with the Convention where it does not involve compulsory labour, which requires the formal, freely given and informed consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a labour relationship, such as wages and social security. Therefore, noting that the legislation permits work to be carried out by prisoners for private enterprises, the Committee once again requests the Government to indicate if, at present, prisoners perform work for private companies in practice. If so, the Committee requests the Government to take the necessary measures to ensure that this work is only permitted with the voluntary consent of the prisoners concerned, such consent being formal, informed and free from the menace of any penalty, including the loss of rights or privileges. The Committee requests the Government to provide, in its next report, information on the measures taken or envisaged in this regard.