Key Benefits:
Publics concerned: detained persons.
Re: compensation for the work of detained persons.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree defines the amount of remuneration for persons held in New Caledonia, French Polynesia, Wallis-et-Futuna and Mayotte.
References: the provisions amended by this decree may be consulted on the Legifrance website ( http://www.legifrance.gouv.fr) .
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le Code of Criminal Procedurearticles 717-3, 868-3, 868-4, 901-2 and D. 432-1;
Vu le Code of Criminal Procedure made applicable in New Caledonia, French Polynesia and Wallis-et-Futuna (Part III: Decrees) by the Decree No. 84-577 of 6 July 1984 amended,
Decrete:
In the Code of Criminal Procedure made applicable in the territories of New Caledonia, French Polynesia and the Wallis and Futuna Islands (Part III: Decrees) by the Decree No. 84-577 of 6 July 1984 :
I. ― In chapter II of Book V title II, entitled "Executive procedures applicable in the territory of the Wallis and Futuna Islands", after Article D.W.F. 99, an article D.W.F. 99-1 is inserted as follows:
"Art. D.W.F. 99-1. - Excluding the cases referred to in the second sentence of the third paragraph of Article 717-3, the remuneration of work performed in penitentiary institutions by detained persons shall not be less than the following hourly rates:
45 per cent of the guaranteed minimum hourly wage for production activities;
33% of the guaranteed minimum hourly wage for general service, Class I;
25% of the guaranteed minimum hourly wage for general service, Class II;
20% of the guaranteed minimum hourly wage for general service, Class III.
A Seal Custody Order, Minister of Justice, determines the distribution of jobs between different classes according to the qualification level required by their execution. »
II. ― In chapter II of Book V bis title II, entitled "Executive procedures applicable in the territory of New Caledonia", after Article D.N.C. 99, an article D.N.C. 99-1 is inserted as follows:
"Art. D.N.C. 99-1. - Excluding the cases referred to in the second sentence of the third paragraph of Article 717-3, the remuneration of work performed in penitentiary institutions by detained persons shall not be less than the following hourly rates:
45 per cent of the guaranteed minimum hourly wage for production activities;
33% of the guaranteed minimum hourly wage for general service, Class I;
25% of the guaranteed minimum hourly wage for general service, Class II;
20% of the guaranteed minimum hourly wage for general service, Class III.
A Seal Custody Order, Minister of Justice, determines the distribution of jobs between different classes according to the qualification level required by their execution. »
III. ― In chapter II of Book V ter title II, entitled "Executive procedures applicable in the territory of French Polynesia", after Article D.P. 99, it is inserted an article D.P. 99-1, as follows:
"Art. D.P. 99-1. - Excluding the cases referred to in the second sentence of the third paragraph of Article 717-3, the remuneration of work performed in penitentiary institutions by detained persons shall not be less than the following hourly rates:
45 per cent of the guaranteed minimum hourly wage for production activities;
33% of the guaranteed minimum hourly wage for general service, Class I;
25% of the guaranteed minimum hourly wage for general service, Class II;
20% of the guaranteed minimum hourly wage for general service, Class III.
A Seal Custody Order, Minister of Justice, determines the distribution of jobs between different classes according to the qualification level required by their execution. »
In Book VI of the Code of Criminal Procedure (Part 3: Decrees), an article D. 602 is added as follows:
"Art. D. 602. - For the purposes of article D. 432-1, the words: "interprofessional minimum wage of growth" are replaced by the words: " guaranteed minimum interprofessional wage". »
The Minister of Justice and Freedoms, the Minister of the Interior, the Overseas, the territorial authorities and immigration, and the Minister to the Minister of the Interior, the Overseas, the territorial authorities and immigration, responsible for the Overseas, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 17 November 2011.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard