Spain's Supreme Court has ruled for the first time that an inmate who is unfairly dismissed from a job inside prison has the right to financial compensation, just like any other worker whose dismissal is declared irregular.
The case
The case concerned an inmate serving his sentence in Andalusia. In the summer of 2017 he started working as a kitchen assistant in the prison: three and a half hours a day, up to five days a week, earning €11.02 per day worked.
In 2019 he was dismissed by Trabajo Penitenciario, the state body under the Ministry of the Interior that manages prison work. The dismissal was based on a report from two prison officers describing his attitude to the work as negative and his relationship with colleagues as tense.
The inmate appealed:
- A social court in Seville declared the dismissal irregular and awarded him €6,012.93 in compensation.
- The High Court of Justice of Andalusia cancelled the compensation.
- The Supreme Court has now restored the right to compensation.
Why the ruling matters
For more than twenty years, the courts had not made clear which labour rights apply to inmates who work in prison, and whether compensation for unfair dismissal is one of them. The Supreme Court reviewed nine similar cases from the last 23 years, but none of them had settled the question.
With this ruling there is now case law that other inmates can rely on: if a court declares that an inmate was dismissed irregularly from a prison job, they are entitled to compensation.
What this means for inmates and families
Work in prison is not only about income. It gives structure to the day and can count positively in grade reviews. If your loved one loses a prison job:
- Ask for the reasons in writing, including any report the decision is based on.
- Keep a record of how long they worked, their hours and their pay.
- Contact a lawyer quickly. There are short deadlines for challenging a dismissal.
GC Libertad can connect you with a lawyer who knows prison and labour law. Contact us.
Source: elDiario.es