Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3(1) and (2) of the Convention. Determination of hazardous types of work prohibited for young persons under 18 years of age. In its previous comments the Committee noted with interest that under section 15(1) of Decision No. 8/2005 of 1 March 2005 issuing general regulations on labour relations (hereinafter: General Labour Relations Regulations), young persons under 18 years of age may not be engaged in work which: exposes them to physical or psychological risks; is performed at night, underground or under water; is performed at dangerous heights or in confined spaces; involves heavy loads; or exposes them to hazardous substances or to conditions of temperature, noise or vibration that are harmful to their health and development. It also noted that, under section 16(1) of the General Labour Relations Regulations, administrations must evaluate jobs, taking into account their nature and conditions, to determine the risks which might endanger the safety, health and morals of young persons under 18 years of age. Furthermore, under section 16(2), the list of jobs involving risks is drawn up in an appendix to the collective labour agreement. The Committee also noted that the provisions of section 15(1) of the General Labour Relations Regulations reproduce those of section 192 of the draft Labour Code.

The Committee notes the Government’s statement that consultations concerning the draft Labour Code are still in progress. It duly notes the Government’s indication that the necessary legislative measures, namely the General Labour Relations Regulations, have been adopted in order to bring the national legislation into conformity with Article 3 of the Convention. The Committee requests the Government to send a copy of the appendix to the collective labour agreement containing the list of jobs which entail risks that may jeopardize the health, safety or morals of young persons under 18 years of age. It also requests the Government to continue to supply information on progress made with regard to the adoption of the draft Labour Code.

Article 9(1). Penalties. In its previous comments the Committee noted that, although section 15(1) of the General Labour Relations Regulations prohibits the employment of young persons under 18 years of age in hazardous work, no penalties have been laid down for violations of this provision.

The Committee notes the Government’s statement that, as regards the application of the General Labour Relations Regulations, the internal regulations of the National Labour Inspection Office state that labour inspectors have the task of verifying that no young person under 18 years of age is assigned to jobs which entail risks, in accordance with the appendix to the collective labour agreement. It also notes that, under section 32 of Legislative Decree No. 246 of 29 May 2007 concerning worker protection, occupational safety and health and social security, allowing work that entails occupational risks to be carried out without adopting measures to ensure the safety of workers constitutes a violation which is liable to incur a fine. According to the information contained in the Government’s report, this provision also applies to special protection measures relating to the health, safety and morals of young persons under 18 years of age, as provided for in the national legislation. The Committee therefore requests the Government to supply information on the application of these penalties in practice for violations of the provisions of section 15 of the General Labour Relations Regulations, including the number and nature of reported violations and the sanctions imposed.