Constitutional Court declares low wages in prison unjust
The Second Senate ruled on whether prisoners are paid enough for their work in prison
Source: dpa/Uli Deck
Criminals receive wages far below minimum wage for their work in prison – but are also obliged to work in most states. On the other hand, two people from Bavaria and North Rhine-Westphalia have successfully sued.
Shourly wages of two euros or less for prisoners are unconstitutional. On Tuesday, the Federal Constitutional Court ruled in favor of two working prisoners from Bavaria and North Rhine-Westphalia who had complained about the amount of their remuneration. The federal states must regulate the corresponding laws by the end of June 2025 at the latest, said the chairwoman of the second senate, Doris König, in Karlsruhe.
In most federal states, prisoners are obliged to work. It is intended for rehabilitation. Therefore, there is no minimum wage for the prisoners. According to König, in 2020 they earned between 1.37 euros and 2.30 euros per hour.
A prisoner who was serving a life sentence in Straubing and a prisoner from Werl moved to Karlsruhe. The Bavarian works in the prison’s print shop, the man from North Rhine-Westphalia cuts cables. Both applied for a higher wage, which the respective prisons and later courts in the federal states rejected.
However, the constitutional court did not specify the wage amount on Tuesday. As Vice President Doris König explained, the court only reviewed the rehabilitation concepts of the two countries. This declared it to be inconclusive and free of contradictions. The structure and amount of the remuneration must be designed in such a way that the purposes laid down in the social rehabilitation concept can actually be achieved.
Prisoners should be encouraged to compensate for the damage caused by their crime. They should also provide dependents and start paying off debts. In both countries, they would also have to contribute to the costs of detention and medical care. In view of the low wages, it is not clear how these purposes could be achieved, said König.
Work in prison must be adequately recognised
However, the court emphasized in its judgment that a contribution to the costs of detention could certainly be provided for. The legislature may also include the generally lower productivity of prisoners in its considerations. He has a wide scope. However, a contribution to prison costs should only be so high that the prisoner has something left over, so that he has a tangible advantage from the work.
The court explained that work in the penal system only serves to promote social rehabilitation effectively if it is given appropriate recognition. In addition to money, a reduction in the prison term or other facilities could also be such recognition.
In most federal states – including Bavaria and North Rhine-Westphalia – prisoners are obliged to work. The federal states each have their own rules when it comes to prisons. Until the federalism reform of 2006, the penal system was uniformly regulated nationwide.
Old regulations continue to apply until new regulations are introduced
Prisoners do not have to pay for their basic living expenses themselves. However, they have to pay for small extras such as rental fees for televisions, telephone costs, coffee or cigarettes themselves. You can spend your money in the institution’s shop. They also save for the so-called bridging allowance that they receive when they are released from prison.
The old regulations will continue to apply until new regulations are introduced. In terms of reliable financial and budget planning, the federal states would not have to make any retrospective changes, the Federal Constitutional Court ruled.
Low wages for prisoners cause financial problems in old age
The constitutional judges in Karlsruhe had already ruled on the amount of prisoner remuneration. In 1998 they complained that it was too low. After that, the calculation basis was raised from five to nine percent of the average salary of all those with statutory pension insurance. Nothing has changed in that regard for around twenty years. According to Deputy Court President Doris König, the hourly rate for prisoners in 2020 was a maximum of 2.30 euros.
The problem for the prisoners, according to the plaintiffs, is that with so little money they cannot pay off debts or support their families while they are in prison. In addition, they are not included in the pension insurance and would therefore face financial problems in old age.
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