Ruling on prisoner labor: How prisoners should be remunerated

Prisoners in Germany are (in most federal states) generally required to work, but receive only minimal wages for the work they do. The hourly wage is currently 9% of the average wage for all pension insurance contributors, which corresponds to between €1.37 and €2.30 per hour, depending on qualifications. Prisoners from Bavaria and North Rhine-Westphalia have now successfully challenged this before the Federal Constitutional Court.

In their ruling, the judges in Karlsruhe declared the prison laws of the two states to be unconstitutional. The reason given for this is the requirement of rehabilitation: prisoners are fundamentally entitled to be prepared for a life without crime. Work plays a decisive role in this and should therefore be adequately remunerated. If the work performed has no equivalent value, prisoners are degraded to “objects of state power,” according to the ruling. North Rhine-Westphalia and Bavaria now have until June 2025 to adopt new “consistent” regulations. However, the ruling is also likely to send a signal to other federal states: either they adapt their prison laws as well, or they run the risk of being successfully sued. However, legislators have considerable leeway in the new regulations: for example, remuneration can take into account the fact that prisoner labor is generally less productive, or wages can be earmarked for reparations and maintenance payments. The actual tangible consequences of the ruling therefore remain to be seen.

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