Work obligation under section 44 StVG: obtain a medical capacity assessment, review assignment under section 47 and choose the correct complaint route.
Mag. Christopher Angerer, Rechtsanwalt
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Under section 44(1) StVG, work must be performed by prisoners capable of working. Section 44(2) StVG requires those prisoners to perform assigned work. Tasks involving a danger to life or a risk of serious harm to health are prohibited.
Where health is impaired, the specific capacity to work matters. Whether and to what extent work is possible is determined by the prison doctor under section 68(2) StVG. Consideration of personal circumstances in assigning work is governed by section 47 StVG. Age is a factor, but does not create a blanket age exemption.
Capacity to work determines the duty to work under section 44 StVG. Section 47 StVG establishes the assignment criteria, and section 68(2) StVG regulates the medical assessment. To identify the relevant question, select your situation.
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Choose your concern. Work capacity, assignment and legal protection require different assessments.
Appropriate consideration of health, age, knowledge, abilities and other personal factors is required by Section 47(1) StVG. A right to a particular position is not conferred by it. Work outside your trained occupation is not, by itself, a ground for refusal. The specific strain or overlooked circumstance that makes the assignment questionable should be explained.
Upon a report of illness or injury, you must be examined by the prison doctor under section 68(2) StVG to determine the extent of possible work. The duty to work is made dependent on capacity to work by section 44(1) StVG. The findings must clarify whether adapted work is possible or whether no work can currently be performed. This assessment is not replaced by advanced age alone.
Intentionally failing to perform assigned work despite a warning, contrary to the statutory provisions, is covered by Section 107(1)(7) StVG. Therefore, the capacity to work and the lawfulness of the assignment must be assessed. Disciplinary penalties listed in Section 109 StVG include a reprimand, a fine, and disciplinary confinement. A penalty does not follow automatically from every failure to work. Health reasons should be reported and medically assessed immediately.
Complaints against staff or their orders are decided by the prison director under section 121(1) StVG. Where a complaint concerns a decision, order or conduct of the director and the director does not provide redress, the enforcement court at the seat of the competent Higher Regional Court decides under section 16(3) StVG. Under section 120(3) StVG a complaint does not automatically suspend the assignment, and granting suspensive effect requires a separate assessment.
Every prisoner capable of working is required by Section 44(1) StVG to work, and assigned work must be performed under Section 44(2) StVG. Work involving danger to life or a risk of serious harm to health is expressly prohibited by the law, a limit that concerns the specific task and its conditions.
Work in prison serves several purposes. It is intended to contribute to rehabilitation, maintain working capacity and, through the work income, create a modest economic basis for life after release. The work income is regulated by law and calculated on an hourly basis.
Provision for useful work and the obtaining of work are required by Section 45 StVG. Economic requirements, including prices and payments by clients for prison labour, are addressed by Section 46 StVG. A health exemption is not governed by either provision. Individual assignment is governed by Section 47 StVG.
Reported illness, an accident, an injury, or another indication of illness must be notified to the prison doctor under section 68(1) StVG. The person is examined by the doctor, necessary treatment is arranged, and it is determined under section 68(2) StVG whether and to what extent work is possible. Which work is possible is not established by a diagnosis alone.
Appropriate consideration of health, age, knowledge and abilities, sentence length, conduct in prison, prospects after release and inclinations is required by Section 47(1) StVG. While occupational qualifications are relevant, work outside the trained occupation is not generally unlawful. Although age must be considered, it creates no separate blanket exemption.
Compare the work order and its actual demands with the medical findings for a review. Make available the medical records and information about your abilities. Explain the reason for seeking an examination, a determination of the extent of possible work, or a change of assignment. Retain the response and its date for a possible complaint.
A different question is answered by each provision. The duty, obtaining work, assignment, medical assessment, and legal protection are separated by the overview.
| Legal basis | Subject | Significance for the assessment |
|---|---|---|
| Duty to work Section 44 StVG | Capable prisoners perform assigned work | No danger to life or risk of serious harm to health |
| Obtaining work Section 45 StVG | Provision for useful work | Not an exemption provision |
| Economic requirements Section 46 StVG | Prices, client payments and prison businesses | Not an individual assignment provision |
| Work assignment Section 47 StVG | Consideration of personal factors | Take health, age and abilities into account |
| Medical assessment Section 68(2) StVG | Examination and extent of possible work | Clarify full or restricted work capacity |
| Legal protection Sections 120 and 121 StVG | Complaint and jurisdiction | Prison director or enforcement court under section 16(3) StVG |
Assess capacity, the specific assignment and the complaint route separately.
Prisoners capable of working are required by Section 44(1) StVG to work. In cases of illness or injury, the prison doctor determines under Section 68(2) StVG whether and to what extent work is possible. Section 45 StVG contains no general age exemption and governs obtaining work.
Section 47(1) StVG mandates the consideration of knowledge, abilities, and other personal factors. A right to a particular position is not created thereby. Work outside your occupation may also be lawful. The decisive elements are the statutory criteria and the specific demands.
Intentionally failing to perform assigned work despite a warning, contrary to the statutory provisions, is required for a disciplinary offence under section 107(1)(7) StVG. The capacity to work and the assignment must be assessed. Penalties including a reprimand, a fine and disciplinary confinement are provided by section 109 StVG.
Your symptoms should be reported, and an examination by the prison doctor should be requested. Under section 68(2) StVG, the doctor is required to determine whether and to what extent you can work. Medical records and the specific demands of the work should be provided, and an appropriate adjustment should be requested from the prison director.
Decisions, orders or conduct infringing your rights may be challenged under sections 120 and 121 StVG. Complaints against staff are decided by the prison director; where the director does not provide redress for a complaint against the director, the enforcement court under section 16(3) StVG decides. The special supervisory route under section 120(1) StVG applies to the type of medical treatment. Complaints generally have no suspensive effect.
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