Dock Work Convention, 1973 (No. 137) - Cuba (RATIFICATION: 1975)

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The Committee notes the Government’s report and the additional information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Application of the Convention in law and in practice. The Committee notes the Government’s indication that the legislation giving effect to the Convention remains unchanged. The Government reiterates that dockworkers are mostly recruited on the basis of permanent contracts. Where larger numbers of workers are required, fixed-term contracts for casual or urgent work are concluded in accordance with the requirements of the Labour Code. According to data from the National Statistics and Information Office, in 2019 there were 322,100 workers in the transport, warehousing and communications sectors, a figure which includes dockworkers. The Committee also notes that, according to information provided in 2018 by the Workers’ Central Union of Cuba, 145,351 workers are members of the National Transport and Dockworkers Union. Lastly, the Government indicates that, in 2018, the National Labour Inspection Office (ONIT) conducted 16 full inspections in establishments run by the Dock and Maritime Transport Business Group (GEMAR), recording 38 violations in areas such as recruitment, occupational safety and health, and regulations governing rest periods, the relevant penalties provided for by law having been applied. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, if possible, up-to-date information on trends in the numbers of dockworkers, and relevant extracts from reports of the ONIT.

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Application of the Convention in practice. The Government refers in its report to the adoption of Act No. 116 of 20 December 2013 issuing the Labour Code, and Decree No. 326 of 12 June 2014 issuing regulations for implementing the Labour Code, both of which are applicable to dockworkers. The Government indicates that dockworkers are recruited by higher management organizations and enterprises, mostly on the basis of contracts of indefinite duration unless, in specific circumstances where large numbers of workers are required, fixed-term contracts for casual or emerging work are concluded. According to data from the National Statistics and Information Office (ONEI), in 2015 there were 305,008 workers in the transport, warehousing and communications sectors, a figure which includes dockworkers. The Government also indicates that, according to information provided by the Workers’ Confederation of Cuba (CTC), collective agreements have been signed in the sector and 154,846 workers are members of the National Transport and Dockworkers Union (SNTTP). Lastly, the Government indicates that the National Labour Inspection Office (ONIT) conducted 23 full inspections in establishments run by GEMAR, the dock and maritime transport business group, recording 66 violations in areas such as recruitment, occupational safety and health, and regulations governing rest periods. The Committee requests the Government to continue providing a general appreciation of the manner in which the Convention is applied in practice, including, for example, up-to-date information on trends in the numbers of dockworkers, the results achieved in consultations with the social partners to improve the efficiency of dock work, and extracts from reports of the ONIT.

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The Committee notes the Government’s report for the period ending May 2012 reiterating the information provided for previous periods. The Committee invites the Government to provide in its next report a general appreciation of the manner in which the Convention is applied in practice, including, for instance, updated information on the numbers of dockworkers and of the results achieved in consultation with the social partners to improve the efficiency of dock work (Part V of the report form).