Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

In its last observation the Committee referred to section 10 of Legislative Decree No. 229 of 1 April 2002 under which drafts of collective agreements must be brought to the attention of workers so that they can express their opinions at a general assembly of workers. It also noted that according to section 11, “discussion of the draft collective labour agreement at a general assembly of workers shall proceed in accordance with the methodology determined for that purpose by the Confederation of Workers of Cuba”, and requested the Government to provide a copy of the methodology.

The Committee notes that the Government has sent a copy of the methodology, prepared by the Confederation of Workers of Cuba, for discussion of draft collective labour agreements in the general assembly of workers, and the approval and signing of such agreements. The Committee observes that the methodology applies to the conclusion of collective agreements in general and that its provisions are extremely detailed. In the Committee’s view, a methodology by the Confederation of Workers of Cuba imposed by a legislative decree under a system of trade union monopoly established by law (see observation on the application of Convention No. 87), and provisions that are too detailed as to how collective agreements are to be concluded, do not afford sufficient encouragement to free and voluntary collective bargaining. The Committee requests the Government to take the necessary steps to amend section 11 of Legislative Decree No. 229 by deleting the express reference to the Confederation of Workers of Cuba and ensuring the autonomy of the parties to collective negotiations.

In its previous comments, the Committee requested information on the scope of section 5 of Legislative Decree No. 229 and section 3 of its implementing regulations, under which the National Labour Inspection Office approves the conclusion of collective labour agreements in the units provided for in the budget and in the production and services activities of bodies, sectors and branches that share the same characteristics, when so agreed by the head of the body and the general secretary of the corresponding federation. The Committee notes that in reply, the Government indicates that approval from the National Labour Inspection Office is not required systematically, being necessary only for units in the budget that share the same characteristics, such as bakeries, schools, hairdressers, service centres and polyclinics, the aim being to avoid duplicating or copying agreements of centres with similar characteristics so that agreements are adapted to the specific characteristics of each entity. The Committee observes that in this case, the law subjects a wide range of collective agreements to approval by the National Labour Inspection Office. In the Committee’s view this is contrary to the principle of free and voluntary collective bargaining. The Committee accordingly requests the Government to take the necessary steps to repeal section 5 of Legislative Decree No. 229 and section 3 of the implementing regulations to ensure that full effect is given to the principle of free and voluntary collective bargaining.