Chapter 4 Work
A detention center may allow defendants to participate in work if they are so willing. The supervisory authority may request the Ministry of Labor to assist detention centers in ways of developing work programs and improving operational effectiveness.
Works for defendants should take into consideration sanitation, guidance, economic benefits as well as defendant’s health, knowledge, skills, and abilities to make a living after release.
A detention center should set up workshops or other specific worksites based on the nature of work, and heed the safety and health of defendants in deciding the type of work and equipment and materials used.
The work programs mentioned in Paragraph 1 should be decided in view of the local economic environment, community enterprises, supply and demand, and future development trends so as to meet the demands of the society and the market.
Defendants engaging in cooking, cleaning, repair and maintenance, caretaking, and other works assigned by the detention center shall be regarded as work.
The supervisory authority may request the Ministry of Labor to assist detention centers in developing occupational training programs and improving training effectiveness.
Work time shall be determined in consideration of guidance, quantity, type of work, status of equipment, and other conditions and it shall not exceed eight hours a day. However, work time may be extended under special circumstances. The extended work time plus regular work time shall not exceed twelve hours a day.
The extended work time for defendants specified in the preceding paragraph shall have the consent of the defendant before it is put into effect, and the defendant shall receive overtime pay.
Defendants’ work shall be regarded as a curriculum based on labor productivity or work time. Labor productivity shall be determined based on the average productivity of the general laborers outside.
A detention center may engage professionals to assist in ways of providing defendants with guidance and instructions in work.
The work types of a detention center may include work run by the detention center, processing work consigned by others, work contracted to the detention center, and other works.
The business plans for works specified in the preceding paragraph and related contracts shall be submitted to the supervisory authority for approval.
The work of a defendant may be suspended under any of the following circumstances:
1. Public holidays.
2. Death of a defendant’s spouse, direct blood relative, or relative within third degree of kinship. However, work may only be suspended for up to seven days at the most.
3. Where the detention center deems it necessary due to other circumstances.
Defendants engaging in cooking, cleaning, and other works that require timely completion may not stop their work except under the circumstance specified in Subparagraph 2 of the preceding paragraph.
Where a defendant requests to continue working under a circumstance specified in Paragraph 1 and the request meets the management needs of the detention center, the detention center may allow the defendant to do so.
Defendants who work shall receive labor wage.
The calculation and payment of labor wage for defendants in the preceding paragraph shall be based on an allocated percentage of total amount of labor wage as well as the defendant’s actual work time and labor productivity. Regulations governing the settings of the allocation ratio, distribution, and relevant matters shall be prescribed by the Ministry of Justice.
The work income minus costs is referred to as work surplus which shall be distributed as follows:
1. 60% shall be allocated to labor wage specified in the preceding article.
2. 10% shall be allocated to food subsidy for defendants.
3. The remaining portions shall be allocated to defendants’ professional training and supplementary funding for taking care of defendants and their family members.
4. The remainder, if any, shall be allocated to the Correctional Agency Operating Fund, Ministry of Justice (hereinafter referred to as “Operating Fund”) for future use.
Where a defendant is injured, falls ill, suffers a major injury, becomes disabled, or dies due to work or occupational training, compensation shall be paid.
The aforementioned compensation shall be paid from the Operating Fund. Regulations governing the criteria for determining injury, illness, major injury, and disability, payment amount, application procedures, qualifications of recipient, and other requirements shall be prescribed by the Ministry of Justice.
Upon the death of a defendant, the defendant’s labor wage or other compensations shall be handled in accordance with Article 73 and Subparagraph 4, Paragraph 1 of Article 74. Compensations that are not collected or claimed will be transferred to the Operating Fund.