Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Cuba

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1954)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1980)

Previous comments on Convention No. 81: Direct request and observation.

Previous comment on Convention No. 150: Direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

• Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 10, 16 and 18. Sufficient number of inspectors. Inspections as frequent and thorough as necessary to ensure the effective application of the relevant legal provisions. Adequate penalties. the Committee notes the Government’s indication in its report that: (i) the number of staff in the labour inspection service decreased from 265 inspectors in 2015 to 223 inspectors in 2017; (ii) the number of inspections carried out rose from 266 in 2015 to 1,819 in 2017; (iii) the number of identified violations increased from 6,783 in 2015 to 7,573 in 2017; and (iv) the number of penalties imposed fell from 1,228 in 2015 to 1,085 in 2017. In this context, the Committee requests the Government to indicate the reasons which explain: (i) the increase in the number of inspections conducted between 2015 and 2017 despite the decrease in the number of inspection staff; and (ii) the decrease in the number of penalties imposed in this period despite the increase in the number of violations identified. The Committee also requests the Government to provide up-to-date information on the number of labour inspectors.

Article 13. Occupational safety and health prevention in high-risk activities. The Committee notes the Government’s indication, in reply to its previous comments, that: (i) in 2017, the National Labour Inspection Office (ONIT) carried out 1,819 inspections, in which it detected 2,978 infringements relating to occupational safety and health (OSH); (ii) the main infringements identified related to not ensuring safe and hygienic conditions for workers and violating the provisions regarding the supply of personal protective equipment where appropriate or providing it without meeting the relevant requirements; (iii) in these cases, the offender was notified in writing of the obligation to take action to put an end to the causes or effects of the infringement, with a deadline set for taking such action; orders were given to close four workplaces and immediately stop the operation of 21 items of equipment on account of their being dangerous and putting the health and safety of workers at risk; (iv) the 1,819 inspections carried out constituted not only a control operation but also an advisory exercise by the inspectors to resolve workplace issues, and this included prevention activities; and (v) in 2021, ONIT conducted 3,496 inspections (79 per cent of which focused on ensuring compliance with the measures adopted on account of the epidemiological situation) and detected 2,789 infringements, of which 13 per cent were OSH violations and the legally prescribed remedial measures were applied. The Committee requests the Government to continue providing information on any measures taken to order: (a) such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; and (b) the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 14. Industrial accidents and cases of occupational disease notified to the labour inspectorate. The Committee notes the information provided by the Government in the annual inspection reports for 2016, 2017 and 2018 on the number of registered industrial accidents and cases of occupational disease. It notes that the total number of accidents which occurred between 2015 and 2017 was 10,236, including 245 fatal accidents. The Committee also notes that during the same period registered cases of occupational disease increased from 93 in 2015 to 122 in 2017. The Committee requests the Government to provide up-to-date information on the number of industrial accidents and cases of occupational disease duly notified to ONIT, in accordance with Article 14 of the Convention.

Articles 16 and 18. Inspections of own-account workers. Infringements recorded and penalties imposed. The Committee notes the Government’s reference to the authorities which carry out inspections of own-account workers. The Committee requests the Government to provide information on the number of inspections carried out to ensure the enforcement of the legal provisions relating to workers employed under this regime and, if applicable, the infringements recorded and the penalties imposed.

Articles 20 and 21. Annual labour inspection report. The Committee notes that no copies of annual inspection reports have been received since 2018. The Committee urges the Government to take the necessary steps to ensure that annual inspection reports are published and transmitted regularly to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects listed in Article 21(a)–(g).

• Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Structure and operation of the labour administration system. Structure of the labour administration system. Further to its previous comments, the Committee notes the Government’s indication that Decision No. 7335 of 2012 of the Council of Ministers was cancelled by the entry into force of Decision No. 8332 of 2018 of the Council of Ministers, establishing the Directorate for the Control of Own-Account Work. The Government also indicates that Decision No. 9149 of 2021 approved the establishment of two directorates-general, 12 directorates, seven departments and one secretariat, giving a total of 22 organizational units, as the maximum possible number of organizational units in the central body of the Ministry of Labour and Social Security. The Committee requests the Government to indicate the functions of the Directorate for the Control of Own-Account Work and also of the organizational units of the central body of the Ministry of Labour.

Coordination and effective operation of the labour administration system. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken by the Ministry of Labour in 2021 to promote access to quality employment through flexible hiring and remuneration mechanisms. The measures included: (i) the adoption of the Regulations on remote work and telework; and (ii) flexible arrangements for labour hiring mechanisms and improvement of results-based payment systems; (iii) flexible arrangements for the wage scheme for workers in the business system; (iv) the application of piecework payment systems which stimulate individual contributions to units covered by special budget treatment; and (v) improvement of own-account work by establishing the operation of a digital platform for its control. The Committee requests the Government to continue providing information on the measures taken by the main labour administration services to ensure the coordination and effective operation of the labour administration system.

Article 5. Tripartite consultation, cooperation and negotiations. Further to its previous comments, the Committee notes the Government’s indication that, in accordance with the legislative process in the country, all regulatory provisions are subject to a public consultation process with workers and employers and to specialist consultations with experts. The Committee requests the Government to indicate in what manner and in what areas the consultations on which it reports take place.

Article 6(2)(b). Performance of the labour administration services in the field of employment for certain vulnerable groups. The Committee notes that the Government, in reply to its previous comments, provides information on: (i) the National Programme for the Advancement of Women, adopted by Presidential Decree No. 198 of 2021, which includes the implementation of periodic evaluations of employment needs and possibilities for women; (ii) the Decent Work Programme implemented with the participation of the Ministry of Labour, which includes projects to promote and facilitate access to quality employment and the sustainability of the social security system; and (iii) the establishment of the National Committee for the Follow-Up and Monitoring of the Application of the Provisions of the 2006 Convention on the Rights of Persons with Disabilities, which comprises representatives of bodies of the central state administration coordinated by the Ministry of Labour and the corresponding labour directors (sections 2 and 4 of Decision No. 940 of 2021). The above-mentioned Committee is responsible for organizing, overseeing, guiding and coordinating the work of the bodies and entities of the central administration and entities that play a major role in catering for persons with disabilities. It is also responsible for promoting and coordinating studies and scientific research into disability (section 5). The Committee requests the Government to continue providing information on the methods proposed for remedying the unemployment of women and other unemployed or underemployed persons and to indicate the impact of these methods on the basis of the periodic studies and reviews which are carried out, in accordance with Article 6(2)(b) of the Convention.

Article 10. Training for labour administration staff. Further to its previous comments, the Committee notes that, according to the statistical information provided by the Government on training for labour administration staff, between 2014 and 2022 a total of 63,639 employees received training on various subjects, including, inter alia, employment policy, organization of work, Cuban labour legislation and standards, gender rights, occupational safety and health, wages structures and social security. The Committee requests the Government to continue providing information on training activities for the above-mentioned staff, including subjects covered and the bodies which give the training.