Whilst in prison you are required to work unless otherwise provided.
Read more about the specific rules for work:
The prison service shall ensure, if possible, that a prisoner is provided with work, considering the physical and mental abilities and skills of the prisoner. If it is impossible to ensure that a prisoner is provided with work, the prisoner shall be required, if possible, to participate in the maintenance of the prison. In order to ensure prisoners with work, the prison service may build plants within or outside its territory, allow prisoners to work outside the prison or require prisoners to participate in the maintenance of the prison.
- Prisoners' working conditions shall comply with the requirements established by labour protection law, except the specifications arising from this Act. The prison service is required to ensure that prisoners are guaranteed working conditions which are safe to life and health.
- Prisoners may be required to work overtime, on their days off and on public holidays only with the consent of the prisoners.
- Prisoners participating in the maintenance of the prison are required to work according to the nature of the work at the discretion of the prison service.
- On the order of a prison service officer, prisoners shall be required to participate in the prevention of a natural disaster, epidemic, accident or catastrophe or the elimination of the effects thereof and in case of other emergencies. In such case, the prison shall ensure the security and safety of the prisoners.
A prisoner with regard to whom there is adequate reason to presume that he or she will not commit a new offence shall, with his or her consent, be allowed to work outside a prison without supervision or under supervision if this complies with the objectives of execution of imprisonment and the individual treatment plan of the prisoner.
Prisoners who work shall receive remuneration. Prisoners who are required to participate in the maintenance of a prison shall also be remunerated.
Remuneration of a prisoner shall be at least 10 per cent of the minimum wage rate established on the basis of subsection 29 (5) of the Employment Contracts Act. The remuneration of a prisoner shall be calculated on the basis of the specific character of the work and the amount of time that the prisoner worked. The Government of the Republic shall establish the rate of and procedure for calculation and payment of remuneration of prisoners.
The prison service shall transfer the wages of a prisoner and other funds paid to the prisoner to the internal personal account of the prisoner. Of the funds deposited in the personal account of a prisoner, 50 per cent shall be reserved for the satisfaction of monetary/financial claims, 20 per cent shall be deposited as a savings fund to be handed over to the prisoner on release and the rest of the funds shall be reserved for the use of the prisoner inside the prison pursuant to the internal rules of the prison. If no monetary/financial claims exist against the prisoner or if the claims amount to less than 50 per cent of the funds in the prisoner's personal account, the corresponding funds in the personal account of the prisoner shall also be deposited as a savings fund to be handed over to the prisoner on release.
The following categories of prisoners are not required to work:
- prisoners of more than sixty-three years of age
- prisoners who are acquiring general or vocational education or participating in in-service training for the purpose of professional development
- prisoners who are unable to work for health reasons
- prisoners who are raising a child of less than three years of age
Prohibition against discrimination or unequal treatment
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 appeal this decision to the Estonian Prison Administration. You cannot appeal this decision in court.
If you are employed in prison by either a state institution or a private employer, all disputes related to employment must be resolved according to the procedure set out in the Code of Civil Procedure and in the Employment Contracts Act. You can also submit a complaint to the Labour Inspectorate. Read more about how to complain.