Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Cuba (Ratification: 1954)

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee notes that section 109 of the new Labour Code (Act No. 116 of 20 December 2013) defines wages as the “monetary remuneration paid by the employer to the worker having regard to the quality and quantity of the work performed and the actual hours worked and which includes amounts payable under performance-based or time based pay systems, additional pay, overtime, pay on national commemoration days and holidays, paid leave from work, paid annual holidays and other elements provided for in the legislation”. Section 124 places on the employer an obligation to provide transport, food and board or, as the case may be, bear the costs of food and board when workers are sent to other workplaces. Section 125 establishes that what the worker has received in the form of allowances, travel expenses, social security benefits, hiring of equipment, tools and resources contributed by the worker and other elements defined by law shall not be treated as wages. The Committee notes that, while the above sections cover a wide range of monetary payments, there remains a possibility that other rewards might be provided that fall outside those definitions. The Committee therefore observes that in the new Labour Code there is no definition of remuneration as comprehensive as the one provided for in Article 1(a) of the Convention which, as well as the ordinary, basic or minimum wage or salary includes any additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee recalls that the reason underlying such a broad definition of remuneration is that it eliminates the risk that all things that can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package (see 2012 General Survey on the fundamental Conventions, paragraphs 686–687). The Committee requests the Government to take the necessary steps to complete the definition of remuneration set out in the Labour Code to align it with Article 1(a) of the Convention, in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee requests the Government to provide information on progress made in this regard.

Article 1(b). Work of equal value. Legislation. The Committee notes that section 2(c) of the Labour Code provides that “work shall be remunerated without any form of discrimination in accordance with the products and services it generates, its quality and the time actually worked, and shall be governed by the principle of socialist distribution of each according to his or her ability and each according to his or her work”. The Committee observes that this provision is narrower than the one laid down in the Convention since it does not include the concept of “equal value” which would allow a comparison between jobs that are different yet nonetheless of equal value. The Committee recalls in this connection that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature but nevertheless of equal value (see 2012 General Survey, paragraphs 672–675). The Committee requests the Government to take the necessary measures to amend section 2(c) of the Labour Code so as to give full expression to the principle of equal remuneration for men and women for work of equal value set forth in Article 1(b) of the Convention. The Committee requests the Government to provide information on all measures taken to this end.

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