Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of Wages Convention, 1949 (No. 95) - Cuba (Ratification: 1952)

Article 8(1) of the Convention. Deductions from wages. The Committee recalls its previous comment in which it drew attention to section 85(c) of Ministerial Decision No. 27/06 of 12 January 2006, which appears to authorize deductions from wages, practically without limits, based on the workers’ consent for the repayment of loans, or for making a bank deposit or for other similar purposes, whereas the Convention calls for limits to be placed on the aggregate of authorized deductions to the extent necessary for the maintenance of workers and their families. The Committee notes that Ministerial Decision No. 27/06 was modified by Ministerial Decision No. 9/2008 but section 85(c) is still in effect. The Committee also notes that section 125 of the Labour Code sets at one third of the worker’s wages the maximum percentage of wages which may be deducted. The Committee therefore requests the Government to clarify whether the limit provided for in section 125 of the Labour Code also applies to the deductions authorized under section 85(c) of Ministerial Decision No. 27/06.