This April was a month to be celebrated by inmates sent down for
re-education through labor in Beijing's municipal prisons. They
have been paid for their work in the first quarter of 2002. Even
though annual bonus payments have been paid for some time, the new
regular remuneration represents a first in Beijing prisons' history
of re-education through labor. The avant-garde move has stimulated
quite a response.
In
the relevant legislation promulgated in December 1994, the 72nd
article reads: "Prisons should conform to relevant regulations to
remunerate prisoners who take part in labor. Prisons should also
apply relevant labor protection regulations." Beijing's municipal
prisons, along with other prisons nationwide have implemented this
since inception. However the practical interpretation of this has
involved either an annual bonus or subsistence allowance. These
have been subject to the prisons' financial position and have
tended to be unpredictable.
Prison officials said that this is more than just a change of name
and format. The move will have far reaching significance. Assessing
and remunerating a prisoner's labor according to law represents an
important mechanism for the prison in its role of enforcement and
in working towards the reform of the individual prisoner through
labor.
What kind of prisoners can be paid and what work must they do and
how is their remuneration calculated? Jiang, chief of the
production section of the Beijing Municipal Prison Bureau, gave a
brief introduction to the regulations:
"These are the "Provisional Measures for the Remuneration of
Prisoners' Labor" which cover the scope of and requirements for
remuneration for labor. They include the principles to be applied
when determining the amounts to be paid and when making the
payments.
"The scope of remuneration covers prisoners who take part in
productive labor, manage production and maintain and repair
equipment. Those who work in administrative, catering, cleaning and
other service roles are also included.
"Once allocated work, the prisoner is assessed for payment
according to performance as measured against a rating system. To be
eligible for payment the prisoner must not have received a warning
or other more severe penalty for breaking the rules and regulations
or have caused an accident while working. The prisoner must also
complete the allocated tasks whilst complying with safety
regulations and meeting quality assurance standards.
"Payment can be determined in one or more of a number of different
ways. It could be linked to the prison's overall financial
performance or set according to the individual's skill level with
increments for positions of responsibility. Piecework may also be
used and this could either be applied to all the work undertaken or
alternatively start only after a basic requirement had been
met."
A
prisoner serving an 11-year sentence for theft said when he was
signing the pay roll, "I'm really surprised to find that I'm
getting paid in prison. People used to take it for granted that
prisoners are supposed to undertake re-education through labor and
that not being paid is just part of their punishment. I wouldn't
have guessed the prison authorities were going to introduce these
new measures. I read the news about remuneration for prisoners not
long ago in the Beijing New Life Paper and it is being
implemented sooner then I had expected."
Another prisoner said happily, "I'm pleased to be paid. Though the
total amount is not very much, it relates directly to how we do our
work in prison. It might mean very little to prisoners from better
off families but it really does mean a lot to those whose families
are in financial difficulties. It offers a welcome measure of
security for those in prison undergoing reform."
The cost of prisoners' clothing, food accommodation and medical
care are all met from state funds. Pocket money is provided at the
rate of 5 yuan (US$0.6) per month for male prisoners and 6 yuan
(US$0.7) for female prisoners.
Now prisoners have some real measure of control over the money they
receive. Prisons now issue special permits to well-behaved
prisoners to buy daily necessities and food up to a given value of
say 120, 160 or 200 yuan. Previously they had to rely on family
members for these purchases.
After the Beijing Municipal Prison Bureau enacted this system for
payment for prison labor, many prisoners with relatively poor
family circumstances have said they can provide for their own
immediate needs by working and no longer have to rely on support
from their families.
After the Provisional Regulations for the Remuneration of
Prisoners' Labor were enacted, Beijing's municipal prisons
researched the issues and worked out details for implementation.
The system which they have introduced relates prisoners' pay to
their attitude to work, compliance with workplace regulations,
proper completion of given tasks and to both individual performance
and the economic performance of the prison as a whole.
Beijing's prisons paid some 180,000 yuan (US$22,000) in
remuneration to prisoners in the first quarter. Ninety-eight
percent of working prisoners received payment.
(china.org.cn by Alex Xu, July 24, 2002)