Nuteistųjų laisvės atėmimu darbo teisinis reglamentavimas.
The Constitution of the Republic of Lithuania declares the right of every person to select the work. Though the analysis of the Article 48 of the Constitution and international documents – ILO Convention No. 29 concerning Forced or Compulsory Labour, Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms – saying the labour of convicted people is not forced or compulsory brings us to conclusion that work can be both the right and the obligation. Analysis of Criminal Punishment Code (CPC) of the Republic of Lithuania allows us to distinguish four forms (definitions) of convicted persons’ labour: labour at the arrest places, labour of persons sentenced to deprivation of liberty, unpaid labour of persons sentenced to deprivation. Whether the labour is the right or an obligation, depends on these forms of labour. Convicted people carrying out their custodial penalty may choose whether to work or refuse the particular job. Persons sentenced to deprivation of liberty “must” work (Art. 125 CPC), so the conclusion could be made that they have an obligation to work although the CPC doesn’t set up the proper sanction for failure to perform this obligation. Consequently this obligation of convicted person is closely connected to his wish and willingness to work. Labour Code of the Republic of Lithuania regulates these questions of labour of persons sentenced to deprivation of liberty: application of summary recording of working time, health and safety at work, work on rest time and holidays. The application of Labour Code rules also depends on the correctional institutions the convicted person is serving the sentence and working. Work time and rest time are directed by Labour Code solely for actively working convicted persons serving their penalty in the open colony, juvenile penitentiary and working sentenced people with disabilities. While work time and rest time of people serving their sentences in other correctional institutions are regulated exceptionally by CPC. This peculiarity may rise up some difficulties: convicted person in the open colony has the right to additional and special breaks as one of rest time guaranties according to the Art. 159 of Labour Code while the convicted working at the penitentiary has not, as the CPC makes no reference to labour laws. The author believes it’s necessary to make amendments of CPC for more precise and express regulation of labour conditions of people convicted to deprivation of liberty and serving penalties in different custodial institutions. Remuneration for work of those convicted to deprivation of liberty is established by CPC and other legal acts. Hourly pay on the rate basis tariffs and minimum monthly wage are laid down for purposes of remuneration for work. While serving the sentence convicted person may make use only of particular percentage of his wages this part being limited by type of correctional institution, efficient work, amount of deduction, health condition etc.
- Articles / Straipsniai