The right to work, social reintegration and educational work, the employment contract and special protection for young people are some of the fundamental principles of Decree-Law 81/2023 on the special labor regime for persons deprived of liberty who work inside or outside penitentiary establishments.

The legal provision, presented today by the Ministry of Labor and Social Security (MTSS), is aimed at Cuban or foreign natural persons serving criminal sanctions, persons deprived of liberty, who are incorporated to work inside or outside penitentiary establishments during the criminal sanction or precautionary measure of provisional imprisonment imposed.

It also regulates the legal work relationship established between the person deprived of liberty who is able and willing to work and the penitentiary authority for the development of a subordinate paid work service, Ariel Fonseca Quesada, general director of Employment, told the Cuban News Agency.

He added that activities that are part of the educational process in the Cuban penitentiary system are excluded and issues related to the work of young people between 17 and 18 years of age, the work and rest regime, extraordinary work, labor and salary treatment on days of national and official commemoration, holidays, safety and health, social security and maternity of the person deprived of liberty are regulated.

In general, they are governed by the legislation of general application, insofar as they do not oppose the adaptations provided for in this Decree-Law, which also establishes the qualification and training of these persons for the position and offers special protection to young people, establishing seven hours a day as the limit of the working day, he commented.

According to Olgalidi Alapón Travieso, expert in Policy, Legal Direction and International Relations, in this norm that raises the rank, there is something that empathizes with the current environment and it is the remuneration without mentioning the word salary, and it is not for pleasure.

She affirmed that people voluntarily put themselves in employment and this is not obligatory, just as it is not obligatory for the rest of the workers, however there are people who are free and have imposed as a penal sanction the correctional work with exchange and that is the exception.

This is an adaptation to the current labor definition, it has differences that are particularized in each one of the chapters; since these people will receive the same as a worker, payments for results, profits, and will have the right to vacations, making these coincide with the permissions to go home, if it is possible in the regime in which they are deprived of freedom and it could be coordinated with the penitentiary authorities, added Alapón Travieso.

As its name indicates, he assured, this is a special labor regime and for its updating the experiences in other parts of the world were taken into account and studied, and in social matters and labor protection, our country is superior.

Published at two o’clock in the afternoon of Wednesday, January 17 in the Official Gazette of the Republic of Cuba number six, ordinary edition, Decree-Law 81/2023 has three chapters and 52 articles available, and will enter into force 60 days after the date of its publication.