Vocational Training and Remuneration for Prisoners

Abstract

The objectives of the study of vocational training and compensation for detainees were 1) to study concept, theory and evolution of vocational training and compensation for detainees, 2) to study the problems and legal issues and laws related to vocational training and compensation for detainees in Thailand, USA and Japan, 3) to analyze laws related to vocational training and compensation for detainees in Thailand in comparision to that of USA and Japan and 4) to synthesize the analyzed data in order to solve any problems and to improve the laws related to vocational training and compensation for detainees. This was a qualitative legal research collected data from books, texts, articles and data from laws related to vocational training and compensation for detainees in the United States and Japan in term of comparison to Thailand. The results of research will be used to amend and improve the laws related to vocational training and compensation for the detainees. Findings were that vocational training of detainees in all countries are the core concern due to it is the tool to develop their minds and work discipline. In the United States, the government Agency, the Federal Industry for Detainees, acts as coordinator in order to allocate jobs to prisons. In Japan, Japanese Federal

Department of Corrections, has duty to support and promote products made by detainees. For Thailand, there is not a specific agency to handle this assistance. The products made by detainees must be sold in prisons or in any fairs. As for compensation for detainees, all countries have to pay detainees by the same procedure, except the U.S.A. the detainees get paid as the external workers and they have to pay federal tax. In Japan, detainees get paid less and pay tax at the minimal rate owing to the low payment. For Thailand, detainees get paid compensation for work out of 50% from profit and do not pay tax. The recommendations for improvement of vocational training for detainees were as;(1) enact the non-prison punishment in order to save the prison space for the high degree crime, (2) Department of Corrections should be the agent providing the large scale employers to hire detainees in order to get more compensation. (3) For distribution of the products, there should be special agency to handle the distribution of products for more flexible business, (4) there should be review of the officers' authority to be transparent and avoid human right abusiveness,(5) there should be revision of laws in term of right to select kinds of work. Compensation for detainees should be modified as follows. (1) set the minimum rate for fair compensation to the detainees, (2) revision of laws to impose the disciplinary offense upon unfair compensation for detainees, (3) revision of law in the area of submitting the complaints. There should be no officers involved in the submitting the complaints so that the officers will abide by laws, rules and objectives of the Department. This would guarantee the detainees' right protection in the area of vocational training, compensation and other rights of detainees.