Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Cuba (Ratification: 1954)

Article 3(1) of the Convention. Period during which night work is prohibited. In the comments it has been making for several years, the Committee refers to section 224 of Act No. 49 of 28 December 1984 issuing the Labour Code and sections 128 and 129 of the General Regulations of the Occupational Protection and Health Act under which night work is prohibited between 10 p.m. and 6 a.m. for young persons under 16 years of age. The Committee noted that these provisions were not in conformity with Article 3(1) of the Convention which provides that young people under 18 years of age shall not be employed nor work at night during a period of at least 12 consecutive hours, including the interval between 10 p.m. and 6 a.m. The Committee also noted the Government’s information that it would make the necessary amendments to these provisions during any revision of labour legislation.

The Committee notes with interest the Government’s indication that section 15 of resolution No. 8/2005 issuing the General regulations on labour relations of 1 March 2005 (hereafter General regulations on labour relations) prohibits night work for young persons under 18 years of age. The Committee observes, however, that although the provisions of section 15 of the General regulations on labour relations prohibit night work for young persons under 18 years of age, they do not provide for the period during which night work is prohibited, namely 12 consecutive hours. The Committee notes the Government’s information that the provisions on children’s work included in the General regulations on labour relations repeat those included in the draft Labour Code. In fact, the Committee notes that pursuant to section 192 of the draft Labour Code, young persons under 18 years of age may not be employed in work carried out at night. The Committee also notes the Government’s indication that employers’ and workers’ organizations, as well as the state central administration bodies, are currently studying the draft Labour Code.

The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, young persons under 18 years of age must have a rest period at night of at least 12 consecutive hours, which shall include the interval between 10 p.m. and 6 a.m. The Committee expresses the hope that, during the revision of the Labour Code, measures will be taken to give full effect to the provisions of Article 3(1) of the Convention by providing a prohibition on night work for children under the age of 18 years for a period of at least 12 consecutive hours.