Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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, 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 further noted that, under section 16(2) of the General Labour Relations Regulations, the list of jobs involving risks is drawn up in an appendix to the collective labour agreement. Finally, it noted the Government’s statement that consultations concerning the draft Labour Code were in progress.

The Committee notes with satisfaction the adoption of the new Labour Code and its accompanying Regulation of 17 June 2014, which incorporates under section 68 the list of hazardous work from the General Labour Relations Regulations, as set out above, for all young persons from 15 to 18 years.

The Committee is raising other matters in a request addressed directly to the Government.