Prison work pay, spending allowance and release funds in Austria

Under section 51 StVG inmates are in principle obliged to work. Pay is determined under section 52 StVG in five grades. Grade 1 applies at the start of work; higher grades are reached step by step based on performance and time in service. The classification decision rests with the prison management on the basis of actual work performance.

What to do now: First, request in writing from the prison management your current pay grade and clarify the basis for its calculation. Second, check whether the grade matches your actual work performance. Third, if unclear consult a legal adviser who can review whether the grading is traceable.

Under section 53 StVG inmates are entitled to a spending allowance drawn from their work pay. The spending allowance can be used for purchases at the prison shop, postage or other personal needs within the institution. The precise amount depends on the pay grade and the applicable prison regulations.

What to do now: First, obtain the monthly spending-allowance statement from prison management and check it for accuracy. Second, verify that the spending-allowance share was correctly calculated from the pay. Third, if there are errors request a written correction from the prison management.

Under section 54 StVG part of the work pay is withheld as release funds and paid out upon discharge. The release funds are intended to give former inmates a financial basis for the first period after detention. The accumulated amount is saved throughout the entire period of detention and generally may not be used while in prison.

What to do now: First, ask prison management for the current balance of your release funds. Second, ensure that the correct share has been set aside from each pay period. Third, clarify the payment procedure when discharge is approaching.

Under the provisions of the StVG mandatory contributions can be withheld from work pay. These include contributions towards the costs of criminal proceedings and maintenance obligations towards children or other entitled persons. Deductions are made according to legally prescribed proportions; the amount remaining with the inmate may not fall to zero.

What to do now: First, request a written deductions schedule from prison management and check the legal basis. Second, ensure that the remaining amount is sufficient to provide the minimum spending allowance. Third, if deductions are excessive raise an objection and seek legal advice.