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

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

Article 3, paragraphs 1 and 2, of the Convention. Determination of types of hazardous work prohibited to young persons under 18 years of age. In its previous comments, the Committee noted that, although the provisions of section 225 of the Labour Code prohibit young persons under 18 years of age from carrying out certain hazardous work, namely underground work or work involving the handling of substances entailing health risks, the scope of these provisions is not sufficiently wide to cover all types of hazardous employment or work within the meaning of the Convention. The Committee noted that section 192 of the draft Labour Code prohibits young persons under 18 years of age from being employed in work which exposes them to physical and psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to dangerous substances or in conditions of temperature, noise or vibration harmful to their health and development. It noted that section 192 of the draft Code gives effect to Article 3, paragraphs 1 and 2, of the Convention and expressed the hope that the new Labour Code would be adopted in the near future.

The Committee notes with interest the information supplied by the Government to the effect that, under section 15(1) of resolution No. 8/2005 of 1 March 2005 issuing a general regulation on labour relations (hereafter general regulation on labour relations), young persons under the age of 18 years must not be employed in work which exposes them to physical or psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to dangerous substances or to conditions of temperature, noise or vibration harmful to their health and development. It also notes that, under paragraph 2 of section 15 of the regulation, the administration of the work unit is required, before allowing employment of a minor under 18 years of age, to make him or her undergo a medical examination and obtain a certificate of health. Furthermore, under section 16(1) of the general regulation on labour relations, administrations must assess employment, taking into account its nature and conditions, to determine the risks which might endanger the safety, health and morality of young persons under 18 years of age. Under paragraph 2 of section 16, the list of jobs involving risks is laid down in an annex to the collective labour Convention. The Committee notes the Government’s indication that the provisions of section 15(1) of the regulation reiterate those of section 192 of the draft Labour Code. It also notes the Government’s indication that organizations of employers and workers, as well as the central state bodies, are currently studying the draft Labour Code. The Committee hopes that the draft Code will be adopted in the near future and requests the Government to supply information on this matter.

Article 9, paragraph 1. Penalties. The Committee notes that, although the provisions of section 15(1) of the general regulation on labour relations prohibits the employment of young persons under 18 years of age in hazardous work, the general regulation provides no penalties in the event of violation of these provisions. It reminds the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. On this score, the Committee notes the Government’s information that the labour inspectorate is responsible for supervision of application of labour and social security legislation in order to ensure the effective application of the provisions of the Convention. The Committee requests the Government to indicate whether any violation of the provisions of section 15(1) of the regulation have been reported by the labour inspectorate and, if so, to indicate the penalties that have been served and on what legal basis.