Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Industry) Convention, 1919 (No. 1) - Cuba (Ratification: 1934)

Articles 2(c) and 4 of the Convention. Shift work. The Committee notes the Government’s statements to the effect that some construction brigades which were carrying out urgent work or particular work which had to be done by successive shifts, were authorized on an exceptional basis to adopt a working hour scheme as that provided for in Article 4 of the Convention. It also notes that, according to the Government, the trade union concerned agreed to such a scheme and the workers themselves were consulted, the work periods then being incorporated into the collective agreements. The Committee notes that the information supplied by the Government does not state the rules which were applied in the context of fixing the working hours. In any case, it reminds the Government, as it emphasized in its General Survey of 2005 on hours of work (paragraph 106), that the flexibility offered by Article 4 of the Convention is only applicable to industries in which work is necessarily continuous for technical reasons (for example, a blast furnace, which cannot be extinguished). The construction sector does not appear to belong to this category of industry. Consequently, shift work must respect the limits laid down by Article 2(c), of the Convention, namely the average number of working hours over a period of three weeks or less must not exceed eight per day and 48 per week. The Committee hopes that the Government will soon adopt the necessary measures to ensure that this rule is observed by all construction brigades engaged in shift work. It also requests the Government to send copies of collective agreements which make provision for such an arrangement.

Article 5. Exceptions. The Committee notes that, under section 3 of resolution No. 187/2006 issuing regulations on working hours and work periods, which applies to all branches of activity, the heads of work units are not required to respect normal hours of work (namely, eight hours per day and, on average, 44 hours per week) in a number of cases, particularly temporary, cyclical or seasonal activities, subject to approval from the Ministry of Labour and Social Security (clause (a)). It notes that such exceptions may also be established in “other cases provided for by law” (clause (f)). The Committee reminds the Government that, under Article 5 of the Convention, the limits fixed by Article 2(b) may only be circumvented in exceptional cases, namely when such limits have been recognized as inapplicable. The hours of work must then be fixed by an agreement between the employers’ and workers’ organizations concerned, and this must be subsequently confirmed by the national authorities. In any case, average working hours may not exceed 48 hours per week. The Committee therefore requests the Government to explain the manner in which the exceptional nature of situations justifying such exceptions is established, to send copies of the relevant collective agreements and indicate the measures taken to ensure that the average 48-hour weekly work limit is respected.

The Committee also notes that the Government refers in its report to the first transitional provision of resolution No. 187/2006, which states that the heads of organizations, national bodies and provincial executive boards must notify the Ministry of Labour and Social Security of any changes in working hours which have been effected, for evaluation and approval. It notes the Government’s statement to the effect that the measures contemplated, which are designed to make working hours for construction brigades appropriate to the actual nature of the sector, are currently being analysed. However, the Committee notes that, under the terms of the first transitional provision, the notification of contemplated measures had to be effected within the 30 days following the date of adoption of the regulations, (21 August 2006), and the evaluation had to be undertaken within the 30 days following the receipt of the required information. The Committee trusts that, more than two years after the adoption of these regulations, the evaluation procedures provided for by the first transitional provision will be completed as soon as possible and requests the Government to supply detailed information on the measures taken in this context for the various sectors of activity and, in particular, the construction sector.

Article 6, paragraph 1(b). Temporary exceptions. The Committee notes that section 72 of the Labour Code allows the performance of additional work in the form of a double day’s work, additional hours, or work during weekly rest days. It also notes that, under section 77 of the Labour Code, a worker may not be obliged to work more than four additional hours for two consecutive days or work more than two double days in one week. However, the State Committee for Labour and Social Security may set other limits in the light of the nature of the work performed in certain sectors of activity. The Committee draws the Government’s attention to the fact that, under Article 6, paragraph 1(b), of the Convention, temporary exceptions may only be granted to deal with exceptional cases of pressure of work. These exceptions must be laid down by regulations adopted after consultation with the organizations of employers and workers concerned. It requests the Government to indicate whether other legal provisions specify the cases in which overtime work is authorized. The Government is also requested to indicate whether a maximum number of additional hours per month or per year has been laid down.

Article 6, paragraph 2. Remuneration of overtime. The Committee notes that section 78 of the Labour Code provides that additional hours must be remunerated in cash, or compensated for by extra time-off, at a rate to be determined by law. It refers to its previous comments on this point and again requests the Government to indicate the steps taken to give effect to this provision of the Labour Code. The Committee recalls in this regard that Article 6, paragraph 2, of the Convention prescribes a rate of pay of at least 25 per cent extra for overtime.

Part VI of the report form. The Committee requests the Government to give a general description of the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services indicating the number and nature of contraventions reported, and also further details on the number of workers covered by the legislation, in particular the number of workers belonging to construction brigades.