与众不同的工作瑞典工作囚犯的劳动权利

IF 1.1 Q2 LAW European Labour Law Journal Pub Date : 2024-09-10 DOI:10.1177/20319525241266351
Petra Herzfeld Olsson
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引用次数: 0

摘要

瑞典没有最低工资立法。88%工人的工资由集体协议规定,其余工人的工资由个人就业合同规定。2022 年,集体协议中成人最低工资水平约为 19 000 瑞典克朗,中位工资约为 34 200 瑞典克朗,分别相当于每小时 119 瑞典克朗和 214 瑞典克朗。集体协议或雇用合同中未规定的工资应该是 "合理 "的。合理工资是指符合部门集体协议规定水平的工资。在瑞典,被监禁工人的时薪为 13 瑞典克朗。不过,他们不属于工人范畴,因此不受劳动法或集体协议的保护。但他们的工作成果--货物和服务--要么在公开市场上出售,要么用于瑞典监狱管理局和缓刑犯监管局的利益,因为这些服务或货物无需在公开市场上购买。如此低的报酬对于任何其他工作来说都是不合理的。然而,长期以来,工作一直是瑞典监狱服刑的核心内容。随着时间的推移,这种工作一直受到不同原则和目标的激励和约束,例如工作第一原则,即工作既是一种社会义务,也是一种权利,以及出于内部和外部目的(重新社会化)对被监禁工人进行纪律约束的目标。工作的改造性得到了强调。提高薪资水平的建议因成本过高和抵消了在监狱服刑的改造功能而被否决。本文试图解释这种状况背后的合理性,并从人权角度对其影响进行反思。
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Work like any other but like no other: Labour rights for working prisoners in Sweden
In Sweden there is no minimum wage legislation. Wages for 88% of workers are governed by collective agreement, and for the remainder, they are set by individual employment contracts. The lowest wage levels in collective agreements for adults were about SEK 19,000 in 2022, and the median wage was about SEK 34,200, which corresponds to SEK 119 and SEK 214 per hour, respectively. Wages not set by collective agreement or employment contract are supposed to be ‘reasonable’. A reasonable wage is a wage in line with the level laid down in the sectoral collective agreement. Incarcerated workers earn SEK 13 an hour in Sweden. They are not categorised as workers, however, and therefore are not covered by labour law or collective agreements. But the products of their work – goods and services – are either sold on the open market or used for the benefit of the Swedish Agency for Prisons and the Probation Service, as the services or goods do not have to be bought on the open market. Such low pay would be considered unreasonable for any other work. However, work has been a central aspect of serving time in Swedish prisons for a very long time. Over time, such work has been motivated and governed by different principles and aims, such as the work-first principle, meaning, i.e., that work is both a societal duty and a right, and the aim of disciplining the incarcerated workers for internal and external purposes (resocialisation). The rehabilitative aspect of work has been emphasised. Proposals to raise the pay level have been rejected as being too expensive and counteracting the rehabilitative function of serving time in prison. This article seeks to explain the perceived rationale behind this state of affairs and to bring a human rights perspective into the picture and reflect on its implications.
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来源期刊
CiteScore
1.60
自引率
28.60%
发文量
29
期刊最新文献
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