Work obligation in prison in Austria

Under section 44 StVG prisoners are obliged to work. Work must be assigned according to their physical capacity, aptitude and skills and must be appropriate. This means that physically excessive or entirely unrelated tasks can in principle be challenged. The facility management has discretion in assignment but is bound by the requirement of appropriateness.

What to do now: First, document vocational training, physical condition and skills in writing and submit this to the facility management. Second, where the assignment is clearly inappropriate, raise written objections and request a review. Third, inform counsel of the work situation where an appeal is being considered.

Under section 45 StVG prisoners are exempt from the work obligation where they are unable to work due to illness or physical disability or where they are no longer capable of performing work due to advanced age. In practice exemption requires a medical certificate from the facility doctor. Where a chronic illness exists a longer-term exemption can be applied for.

What to do now: First, request a medical examination from the facility doctor and present all existing medical records and medication plans. Second, apply in writing to the facility management for exemption, citing section 45 StVG. Third, if refused, consider an appeal to the prison authority.

Refusing work without a recognised reason can be punished under the disciplinary provisions of the Strafvollzugsgesetz. Possible measures range from a caution to a period of detention in a punishment cell. Disciplinary consequences may also affect the prison management plan and any applications for early release. Refusal on medical grounds must therefore first be clarified with a doctor.

What to do now: First, record the reason for the refusal clearly and in writing, whether medical, religious or otherwise. Second, if the reason is medical, immediately see the facility doctor and obtain a certificate. Third, involve counsel before any disciplinary proceedings are opened.

An assignment that contradicts the requirements of section 46 StVG or is physically unreasonable can be appealed to the competent prison authority. In addition the Volksanwaltschaft can be involved; it reviews prison matters under the Volksanwaltschaftsgesetz. Legal representation is advisable in more complex cases.

What to do now: First, collect and copy all documents relating to the assignment and to your physical condition. Second, lodge the appeal in writing with the prison authority and set out concretely why the assignment is unreasonable. Third, in parallel notify the Volksanwaltschaft if systemic shortcomings are suspected.