Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Age Convention, 1973 (No. 138) - Cuba (Ratification: 1975)

The Committee notes the information provided by the Government in its report, in particular, concerning Article 3, paragraph 3, of the Convention. It asks the Government to submit further information on the following points.

Article 2 of the Convention. The Committee notes the information on the legislation regarding the engagement in work on one's own account (Legislative Decree No. 141 of 8 September 1993 and Joint Resolution No. 1 (Ministry of Labour and Social Security and of Finance and Prices)). It requests the Government to specify the provision which prohibits the work of minors in this respect, and also to supply information of the application of such provision in practice.

Article 3, paragraphs 1 and 2. In its previous comment, the Committee hoped that the Government would review the content of section 225 of the Labour Code so as to prohibit the employment of persons under the age of 18 years on all types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardise their health, safety or morals, as is the case in practice. The Committee notes the Government's repeated indication in its report that section 225 already has this effect and that the labour authorities, after consultation with trade unions, could establish, by virtue of this provision, the minimum age of 18 years for work likely to jeopardise the development of the persons under the age of 18 years, for example, for the enrolment in the Cuban marine merchant ships, work with cranes, and certain activities with machines in agriculture. The Committee notes the Government's statement in its report that this comment made by the Committee will be taken into account on the occasion of a possible revision of the Labour Code. The Committee again expresses its hope that such revision will take place in the near future and that the Government will not fail to supply information on any progress made on this point. In the meantime, it asks the Government to supply copies of any regulations or decisions made under sections 224 or 225 regarding the prohibition of particular types of dangerous work for persons under 18 years of age, including those which may jeopardize their morals.

Point V of the report form. The Committee notes the Government's indication that no violation of the legislative provisions relating to the Convention is reported by the Directorate of Inspection and Protection of Labour. Moreover, it also notes that the school enrolment rate of children aged between 6 and 11 (up to this age, schooling is compulsory) is 100 per cent, that of those aged between 12 and 14 is 94.1 per cent. It requests the Government to continue to supply information on the application in practice of the Convention, including, for instance, statistical data, extracts from official reports, and the number and nature of contraventions reported. The Committee asks the Government to include information on the application in practice of national legislation giving effect to Article 3 concerning the prohibition for persons under 18 years of age of types of work which may jeopardize their health, safety or morals.