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. You may also be asked to do certain unpaid work for the maintenance of the prison.
Read more about the specific rules for paid and unpaid work:
The prison administration may ask you to do some work which is necessary for the maintenance of the prison facilities. This work should not exceed 2 hours a day and 10 hours a week. This work may involve cleaning the prison territory, helping to organize a cultural event and other similar tasks. Although this work is unpaid, it will not be considered to be forced labour and will not, therefore, violate your rights.
According to Moldovan law, certain categories of people (such as people with severe disabilities or people of old age) may not be required to do this work.
important Work should not be used as a punishment or means of discrimination and humiliation. In addition, the work must not be excessively long or heavy.
What human rights violations may there be?
If you have been forced to do work that is not for prison maintenance or other type of work for periods clearly exceeding limits set under the law, this may lead to the violation against the prohibition of forced labour.
How to complain
If you are forced to do maintenance work exceeding the limits allowed by law, you should complain to the investigative judge, Prosecution Office or to the National Prison Administration. Read more about how to complan.
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.
Application procedure
According to Moldovan law, if paid working places are available in prison, you may apply for those positions to the head of the prison. The prison head will then examine your application and make a decision on your suitability, based on security and other reasons. Priority for a particular position will be given to prisoners with the most suitable education and experience. Where there are several equal applicants, one of the applied selection criteria may be the one who was the first to submit an application will be chosen.
The position must not be denied to you on unreasonable or discriminatory grounds.
example The reason that you did not get the position must not be due to your nationality, skin colour or religion.
Investigative prison
If you are in an investigative prison, you may work if the prison administration provides position. According to Moldovan law, as a detainee on remand you may be engaged in remunerated work only in cells or in workshop facilities specially arranged for this purpose.
Applicable law
General rules of the Labour law on issues like your work and rest time, remuneration, protection of workplace security and health must be complied with during your work. The minimum salary of prisoners it is guaranteed only on the condition that they fulfil their work obligations (norms) during the program hours established by the legislation and the contract. Supplements, salary increases, awards, and other rewards are not included in the minimum salary amount. The monthly salary of convicts cannot be lower than the minimum salary for the country, taking into account the established indexation and increases. However, the Execution Code may provide differently based on security reasons. For example, certain categories of prisoners cannot be involved in remunerated work in places where is no guard and permanent supervision.
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 you believe that the head of the prison has denied your application on unlawful grounds, you should complain to the investigative judge or to the National Prison Administration.