Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Plantations Convention, 1958 (No. 110) - Cuba (Ratification: 1958)

The Committee notes with regret that the Government’s very brief report does not reply to its previous comment. The Committee trusts that the Government will reply in full to the various points recalled below taking into account the comments that it has made in the meantime on the application of the relevant Conventions.

Part II of the Convention (Articles 5 to 19). Engagement and recruitment of migrant workers. The Committee refers to the direct request addressed to the Government on the application of Convention No. 97.

Part IV (Articles 24 to 35). Wages. The Committee notes the information provided by the Government in its last report on the application of Convention No. 131 relating to the adoption of Ministerial Resolutions Nos 11/2005 of 23 April 2005 and 30/2005 of 25 November 2005 respecting minimum wage fixing and the establishment of a single wage scale for all occupational categories, respectively. The Committee requests the Government to provide information on the number of workers in plantations who receive the statutory minimum wage and to provide, where appropriate, copies of collective labour agreements applicable in this sector.

Part V (Articles 36 to 42). Annual holidays with pay. The Committee refers to the comments that it made in 2004 on the application of Conventions Nos 52 and 101. It recalls its conclusion that section 98 of the Labour Code is not in conformity with the provisions of these Conventions, under the terms of which any agreement to relinquish the right to an annual holiday with pay shall be void. The Committee notes that the Government indicated on that occasion that section 98 of the Labour Code remained formally in force while awaiting the outcome of the procedure for its amendment, but that it was no longer applied in practice. The Committee hopes that the Government will amend the Labour Code in the near future so as to provide explicitly that any agreement to relinquish the right to an annual holiday with pay shall be void.

Part VII (Articles 46 to 50). Maternity protection. The Committee refers to the comment that it made on the application of Convention No. 183, in particular as regards the introduction of nursing breaks following the adoption of Legislative Decree No. 234 on Maternity.

Parts IX and X (Articles 54 to 70). Right to organize and collective bargaining; freedom of association. The Committee requests the Government to refer to the comments that it made on the application of Conventions Nos 87 and 98, with particular reference to the trade union monopoly, the right to strike, trade union rights and civil rights, the imposition of arbitration at the request of only one of the parties to collective bargaining, and the autonomy of the parties to collective bargaining.

Part XI (Articles 71 to 84). Labour inspection. The Committee once again requests the Government to provide information on the inspections carried out in plantations, including the violations of labour law reported and the sanctions imposed. The Committee also refers to the comment that it made in 2006 on the application of Convention No. 81 in relation to the requirement for prior authorization from the competent authority for inspections. The Committee hopes that the Government will amend the legislation in the near future with a view to bringing it into conformity with Article 12, paragraph 1(a) (right of inspectors to enter freely and without previous notice any workplace liable to inspection), and Article 15(c) (confidentiality of the source of any complaint) of Convention No. 81. It requests the Government to keep it informed of any measure adopted in this respect.

Part V of the report form. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of enterprises and workers covered by the Convention and any official study that is available on the socio-economic situation of workers in plantations.