Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cuba (Ratification: 1952)

The Committee notes that, in accordance with section 10 of Legislative Decree No. 229, promulgated on 1 April 2002, a draft collective agreement has to be brought to the knowledge of the workers so that they can express their criticisms in a general assembly of workers and that, by virtue of section 11 of the above Decree, "discussion of the draft collective labour agreement in the general assembly of workers shall proceed in accordance with the methodology determined for that purpose by the Confederation of Workers of Cuba". The Committee requests the Government to provide a copy of the above methodology in its next report.

The Committee also notes that section 3 of the implementing regulations appears to impose the obligation upon the parties to seek the prior approval of the National Labour Inspection Office to be able to conclude collective labour agreements. The Committee requests the Government to indicate the scope of the above provision and, if in practice it implies the need to seek the approval of the National Labour Inspection Office on each occasion to be able to conclude a collective labour agreement, to take measures to repeal this provision.