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

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

Article 9(1). Penalties. In its previous comments, the Committee noted that, under section 32 of Legislative Decree No. 246 of 29 May 2007 concerning worker protection, occupational safety and health and social security, employers who permitted hazardous work to be carried out without adopting safety measures were liable to incur a fine. Under section 17 of the Decree, the fine for such a violation, including violations involving the employment of young persons under 17 years of age, was 500 Cuban pesos (CUP) for natural persons and CUP6,500 for legal entities.

The Committee notes the adoption of the new Labour Code and its accompanying Regulation of 17 June 2014 (Official Gazette No. 29). It further notes that section 224(a) of the Regulation prohibits the employment of young persons under the age of 17 except for work expressly authorized under legislation. The Committee notes, however, that under section 234 of the Regulation to the Labour Code, employers who permit work in violation of the legislation are now liable to incur a fine of CUP2,000 which, if repeated, will be doubled. Noting that the penalty for infractions under the Labour Code has decreased from CUP6,500 for legal entities under Legislative Decree No. 246 of 29 May 2007 to CUP2,000 under the Regulation to the Labour Code, the Committee requests the Government to indicate how it is ensured that any person in breach of the provisions concerning the employment of young persons under 18 years of age are faced with sufficiently effective and dissuasive penalties.