Plantations Convention, 1958 (No. 110) - Cuba (Ratification: 1958)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Part IV of the Convention. Wages. Articles 24–35. The Committee notes that the Government refers to the adoption of Resolution No. 29 of 25 November 2020, establishing the national minimum monthly wage at 2,100 pesos (CUP) (approximately US$87.55) and approving the wage scales and rates applicable to all workers. The Government indicates that representatives of the workers and employers participated in all the processes for the adoption of measures. However, the Committee notes that the Government does not provide specific examples of the manner in which representatives of employers’ and workers’ organizations were consulted in the context of determining the minimum wage for plantation workers, as required by Article 24 of the Convention. The Government adds that, according to the National Statistics and Information Office, in 2020 the average monthly wage in agriculture, livestock farming and forestry was CUP1,043 (approximately US$43.49). However, the Committee notes that the Government does not provide any specific information on the wages received by plantation workers, or on the manner in which it is ensured that they receive at least the established national minimum wage. Nor does the Government provide information on the number and results of inspections carried out regarding the payment of wages on plantations. The Committee once again requests the Government to provide specific examples of the manner in which representatives of the workers’ and employers’ organizations in the plantations sector were consulted during the process of determining the minimum wage, in accordance with Article 24 of the Convention. The Committee also once again requests the Government to provide detailed, up-to-date information on the manner in which it is ensured that workers in the plantations sector receive at least the established national minimum wage, and also statistical information on the number and results of inspections conducted on plantations in relation to this matter.

Part V. Annual holidays with pay. Articles 36–42. For nearly 20 years the Committee has been asking the Government to give effect to Article 41 of the Convention. The Committee recalls that, in its 2018 comment, it expressed the hope that the new Labour Code would take due account of its previous comments on the need to amend section 98 of the Labour Code, which provided for cash compensation to be paid in lieu of holidays under certain conditions. The Committee noted that section 98 of the Labour Code was repealed by Act No. 116 of 20 December 2013 adopting the new Labour Code. However, the Committee noted that section 107 of the 2013 Labour Code authorizes the employer to require the presence of the worker under exceptional circumstances, and allows the employer to postpone or reduce the worker’s holidays and pay the worker for the forgone portion of the accumulated holidays. In this regard, the Committee has been asking the Government since 2018 to indicate the manner in which it is ensured that section 107 of the Labour Code gives full effect to Article 41 of the Convention. However, the Committee notes with regret that the Government does not provide any new information on this point and that it merely reiterates that holidays can only be postponed under exceptional circumstances and that measures are adopted to protect this right. The Committee therefore urges the Government to take the necessary measures to give full effect to Article 41 of the Convention, which provides that any agreement to relinquish the right to an annual holiday with pay, or to forgo such a holiday, shall be void. Noting that section 107 of the 2013 Labour Code contains the same formulation on holidays with pay as that contained in section 98 of the former Labour Code, a section that the Committee already referred to as not being in conformity with Article 41 of the Convention, the Committee refers to its 2013 comments on the Holidays with Pay Convention, 1936 (No. 52), in which it asked the Government to amend section 98 of the Labour Code or to specify that this section cannot be applied to the minimum holidays provided for in section 95 of the Labour Code.

Parts IX and X. Right to organize and collective bargaining. Freedom of association. Articles 54–70. The Committee notes the statistical information provided by the Government, indicating that there are a total of 350,760 workers in agriculture, of whom 229,000 are state workers, 15,107 are non-state workers and 36,000 are retirees, and that 99.4 per cent of these workers are unionized. The Government also indicates that there are 8,020 base-level organizations and 43 trade union bureaux and that a total of 1,223 collective agreements have been signed. However, the Committee notes that the statistical information provided by the Government refers to the agricultural sector but does not refer specifically to workers on plantations. Moreover, the Government does not provide any specific information on the measures taken or envisaged to ensure in practice that workers on plantations enjoy appropriate protection against any act of discrimination aimed at undermining freedom of association in relation to their employment. The Committee therefore once again requests the Government to provide statistical information on the number of collective agreements signed specifically with respect to plantations and to indicate the number of workers covered. The Committee also once again requests the Government to provide information on the measures taken or envisaged to ensure in practice that workers on plantations enjoy adequate protection against any act of discrimination aimed at undermining freedom of association in relation to their employment.

Part XI. Labour inspection. Articles 71–84. In its previous comments, the Committee asked the Government to indicate the manner in which the labour inspectorate monitors and ensures that the activities of the vocational training and occupational guidance process on plantations comply with Article 6 of the Minimum Age Convention, 1973 (No. 138). However, the Committee notes that the Government does not provide any information on this matter. The Committee also asked the Government to send detailed information on the numbers of secondary-school students working on plantations, disaggregated by age, type and conditions of work, and on how they are compensated, and also on the manner in which it is ensured that these students and prisoners who work on the plantations have the freedom to choose whether or not to work. The Committee notes that the Government provides a partial reply in this regard, indicating that the Ministry of Education establishes working procedures for each school year, regulates vocational and work training for school students, on the basis of the principle of combining theory with practice by linking study and work, on a voluntary and unpaid basis, respecting the special guarantees and protection provided for in the legislation. As regards work done by prisoners, the Government indicates that such work is voluntary. In reply to the Committee’s previous comment, the Government states that in 2020 the National Labour Inspection Office carried out inspections in 4,246 entities, covering 927,921 workers in the state sector, including in agriculture. The Government adds that these inspections mainly checked compliance with measures for the prevention and control of COVID-19. The Government also indicates that the National Labour Inspection Office has not detected any cases of forced labour or of child labour and that the Public Assistance Office at the Ministry of Labour and Social Security has not received any complaints in this regard. However, the Committee notes that the Government does not provide any specific information on workers on plantations. The Committee therefore once again requests the Government to provide detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers, particularly the inspections carried out on plantations, violations of the labour legislation reported, and the penalties imposed. Furthermore, the Committee once again requests the Government to indicate the manner in which the labour inspectorate conducts inspections and ensures that the activities of the vocational training and occupational guidance process for students on plantations comply with Article 6 of the Minimum Age Convention, 1973 (No. 138). The Committee also requests the Government to indicate which criteria, including age and sex, are used to select students who work on plantations, and how it is ensured that work on plantations is relevant to them in the context of the work-study link referred to above. Lastly, the Committee requests the Government to indicate the manner in which it is ensured that secondary-school students and prisoners who work on plantations have the freedom to decide whether or not to work.

Part IV. Application in practice. The Committee notes that no information has been supplied by the Government on the application of the Convention in practice. The Committee therefore once again requests the Government to provide detailed, up-to-date information on the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers on plantations; (ii) statistical information, disaggregated by sex and age, on the number of plantations and workers to whom the Convention applies; (iii) copies of collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations established in the plantations sector, and any other information which enables the Committee to assess the situation of workers on plantations in relation to the provisions of the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations formulated by the Independent Trade Union Association of Cuba (ASIC) of 28 August 2018. It also notes the Government’s response to those, received on 22 November 2018, and reproduced in the supplementary report received this year.

Part IV. Wages. Articles 24 to 35. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given to these provisions of the Convention, which contemplate the establishment of procedures and mechanisms to fix and ensure minimum wages for plantation workers. The Committee notes the Government’s indication that in Cuba the minimum wage is fixed by legal provision, and is established in line with the level of economic and social development, further to the opinion of the corresponding organizations. The Government refers, inter alia, to section 109 of the Labour Code, promulgated through Act No. 116 of 20 December 2013, which establishes the elements constituting the wage. In addition, the Government refers to section 126 of the Labour Code Regulations, promulgated through Decree No. 326 of 12 June 2014, which, when read together with section 113 of the Labour Code, establishes the wage system and provides that the minimum wage must correspond with the wage of the first degree of labour complexity on the wage scale. The Government also refers to various payment methods available, such as pay for performance, which aims to increase labour productivity, and pay for time, where the wage is paid in accordance with the time worked. The Government adds that, according to the National Statistics and Information Office, in 2017 the average monthly wage in State bodies in agricultural, farming and forestry activities was 834 pesos. The Committee recalls its previous comments on the Minimum Wage Fixing Convention, 1970 (No. 131), in which it noted that that Article 4(2) of that Convention provides for the consultation, in connection with the operation of the minimum wage-fixing machinery, of both the representative organizations of workers concerned and of employers or, where no such organizations exist, representatives of the workers and employers concerned. Likewise, Article 24 of Convention No. 110 provides specifically for consultation with the social partners in fixing the minimum wage in the plantations sector. The Committee requests the Government to provide detailed and updated information on the manner in which the representatives of the relevant workers’ and employers’ organizations were consulted in the context of the determination of the minimum wage, as required under Article 24 of the Convention. The Committee also requests the Government to provide information on the manner in which it is ensured that workers in the plantations sector receive at least the established minimum wage, including information on the number and outcomes of the inspections conducted relating to payment of the minimum wage in plantations.

Part V of the Convention (annual holidays with pay). Articles 36 to 42. In its previous comments, the Committee noted that section 107 of the Labour Code, allows for the employer to require the presence of the worker in exceptional circumstances, and allows for the employer to postpone or reduce the worker’s holidays and to pay him or her the reduced proportion of the accumulated holidays. In this respect, the Committee requested the Government to indicate the manner in which it is ensured that this section of the Labour Code gives full expression to Article 41 of the Convention, which provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. The Committee notes the Government’s indication that section 107 of the Labour Code sets forth that any postponement of holidays is exceptional as provided for in Article 41 and is not systematic. Referring to the emergence of “exceptional” circumstances, the Government indicates that this does not imply a regular occurrence, but only those circumstances that directly or decisively affect the performance of a task assigned to the worker that cannot be postponed. The Government adds that the law stipulates that upon expiry of the cumulated holiday period, enjoyment of the holiday can be postponed, which does not mean that the accumulated holidays will not be granted. The Government also indicates that, if it is agreed to simultaneously pay the accumulated holidays and the wages for the work performed, guaranteeing an effective period of leave of at least seven days in the year, this does not exclude longer periods being granted during the year. The Committee reiterates that Article 41 of the Convention provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. It therefore requests the Government to take the necessary measures to give full effect to Article 41 of the Convention.

Parts IX and X (right to organize and collective bargaining –freedom of association). Articles 54 to 70. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure that workers in plantations do not suffer discrimination or prejudice in their employment for having peacefully exercised the right to strike, as well as information on the exercise of this right in practice. It also requested the Government to provide statistical data on the number of collective agreements concluded in plantations, with an indication of the sectors of activity and the numbers of workers covered. In its reply, the Government indicates that the agricultural sector includes: (i) the National Association of Small Farmers (ANAP), which is the grass-roots association for members of cooperatives, farmers and their families; and (ii) the Cuban Association of Agricultural and Forestry Technicians (ACTAF), which comprises forestry and livestock technicians and professionals. The Government also indicates that there is no law or legal provision in the country prohibiting the right to strike. It adds that, while there is no legal text regulating the right to strike, provisions are in place protecting the right to equality at work without discrimination whatsoever. Lastly, the Committee notes the statistical data provided by the Government, which indicates that, in 2018, the number of state sector workers who were affiliated with the agricultural, forestry and tobacco workers’ trade union stood at 307,469 and the number of non-state workers affiliated was 17,122. The Committee also notes that a total of 273,867 workers are protected by collective work agreements and that 7,159 collective agreements are in force, covering more than 2,800,000 workers. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure in practice that plantation workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. It also requests the Government to continue providing statistical information on the number of collective agreements concluded in the area of plantations, indicating the number of workers covered.

Part XI (labour inspection). Articles 71 to 84. In its previous comments, the Committee noted the observations of ASIC, in which it denounced alleged cases of prisoners subjected to forced labour in plantations, and cases of child labour during school holidays. ASIC also denounced the employment of secondary school students in state farms during the harvest period, who are not paid for their work, but receive academic credits and a favourable recommendation for entry into university. The Committee notes the Government’s reply to ASIC’s observations. The Government indicates that the National Inspection Office has not identified any cases of forced labour in agriculture and that the Public Welfare Office at the Ministry of Labour and Social Security has not received complaints or reports in this respect. With regard to work performed by prisoners, the Government indicates that such persons are not victims of forced labour, since their involvement in work is essentially voluntary and, in addition, they enjoy the labour and social security rights established in the legal framework. The Committee notes, however, that the Government has not provided specific information on the number, age, and type and conditions of work of the prisoners and of the secondary school students who work in the plantations during the harvest period. Furthermore, the Government indicates that section 2(d) of the Labour Code sets out the prohibition of child labour and the special protection of young people between the ages of 15 and 18 who enter the workforce, in order to ensure their full development. The Government adds that, within the framework of the basic secondary education system, there are plans to establish a foundation for the allocation of time for occupational training, aimed at developing values such as application, community and responsibility in students, and enabling the provision of activities of the vocational training and occupational guidance process. In this respect, the Committee requested the Government to provide detailed information on the number of prisoners and secondary school students who work in state farms, disaggregated by age and type of work. The Committee also requested the Government to indicate the manner in which they are compensated, as well as their conditions of work, and the manner in which it is ensured that the students have the freedom to choose whether or not to work. It also requested the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers. The Committee notes the statistical information provided by the Government on the number of labour inspections conducted in the agricultural sector and the violations identified during these inspections. In particular, the Government indicates that, in 2018, the National Labour Inspection Office conducted 141 inspections, in which it detected 898 violations, 347 of those relating to occupational safety and health. According to the Government, the principal violations detected consisted of the failure to guarantee safe and healthy conditions for workers and the violation of rules respecting the provision of personal protective equipment. The Committee therefore requests the Government to indicate the manner in which the Labour Inspectorate monitors and ensures that the activities of the vocational training and occupational guidance process in the plantations comply with Article 6 of the Minimum Age Convention, 1973 (No. 138). The Committee also once again requests the Government to provide detailed information on the number, age, type and conditions of work, compensation, and the manner in which it is ensured that the secondary school students and prisoners who work in the plantations have the freedom to choose whether or not to work. Lastly, the Committee requests the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers, particularly on the inspections conducted in the plantations, violations of the labour legislation identified and the penalties imposed.

Part IV of the report form. Application in practice. The Committee notes that the Government has not provided information concerning the application in practice of the Convention. The Committee therefore reiterates its request to the Government to provide detailed and up-to-date information on the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistical data, disaggregated by sex and age, on the number of plantations and workers to whom the Convention applies; (iii) copies of the collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations established in the plantations sector, and any other information which enables the Committee to assess the situation of workers in plantations in relation to the provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC), received on 30 August 2018, alleging the absence of consultations with workers’ and employers’ organizations by the Government for the implementation of the Convention. The Committee requests the Government to provide its comments in this respect.

Part V of the Convention (annual holidays with pay). Articles 36 to 42. In its 2013 comments, the Committee hoped that once the new draft Labour Code had been finalized, it would take duly into account its comments relating to the need to amend section 98 of the Labour Code which provided, under certain conditions, for the replacement of holidays by remuneration, without benefiting from the leave. The Committee notes the Government’s indication that section 98 of the previous Labour Code was repealed by Act No. 116 of 20 December 2013, adopting the new Labour Code (the 2013 Labour Code). The Committee notes that section 2(f) of the 2013 Labour Code establishes the right of workers to annual holidays with pay, and that section 74(c) provides that this entitlement shall be for at least seven days. Chapter IX, Part Six, governs entitlement to annual holidays with pay. In particular, section 101 of the 2013 Labour Code provides that workers shall be entitled to 30 calendar days of annual holidays with pay for every 11 months of effective service. Workers who do not complete 11 months of service are entitled to holidays with pay of a duration that is proportionate to the days actually worked. Workers with more than one job are entitled to enjoy effective leave on annual holidays with pay up to a total of 30 calendar days and to be paid the total amount to which they are entitled under each contract. Furthermore, sections 104 and 105 of the 2013 Labour Code establish the requirement for the employer to grant workers annual holidays with pay and to adopt the necessary measures to ensure observance of the programme of holidays and ensure that the rest is effective. Finally, the Committee notes that, under the terms of section 107 of the 2013 Labour Code, “if upon expiry of the period for the enjoyment of the annual holidays with pay, exceptional circumstances arise which require the presence of the worker at work, the employer, having heard the views of the trade union, may postpone the holidays or grant the worker simultaneously payment for the accumulated holidays and the wage for the work performed, guaranteeing an effective period of leave of seven days in the year as a minimum.” The section adds that the worker and the employer shall set out in writing the agreement reached and that days worked in this respect are included in time and wages for the purposes of the new holiday period. The Committee recalls that Article 41 of the Convention provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. The Committee requests the Government to indicate the manner in which it is ensured that section 107 of the 2013 Labour Code gives full expression to this provision of the Convention, particularly in light of the portion of that section of the Code which authorizes the employer to require the presence of the worker, in exceptional circumstances, and which allows the employer to postpone or reduce the worker’s holiday and pay the worker the reduced amount of the accumulated leave.

Part IV. Wages. Articles 24 to 35. The Committee recalls that Part IV of the Convention contemplates the establishment of procedures and mechanisms to fix and ensure minimum wages for plantation workers. The Committee requests the Government to indicate the manner in which effect is given to these provisions of the Convention.

Parts IX and X (right to organize and collective bargaining – freedom of association). Articles 54 to 70. The Government indicates in its report that the 2013 Labour Code recognizes and promotes trade unions in the various sectors. It also provides for measures of protection for the leaders of these organizations with a view to ensuring that they benefit from appropriate facilities for the performance of their functions. The Government also refers to the regulations respecting collective agreements and the mechanisms for the resolution of discrepancies which may arise in their preparation, amendment and revision. Finally, the Government indicates that the National Union of Sugar Workers has 2,010 first-level unions and 127,331 members, and that the National Union of Agricultural, Forestry and Tobacco Workers has 8,834 first-level unions, and 381,094 members. The Committee refers to its 2016 comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and requests the Government to provide information on the measures adopted or envisaged to ensure that workers in plantations do not suffer discrimination or prejudice in their employment for having peacefully exercised the right to strike, and also requests it to provide information on the exercise of this right in practice. The Committee also refers to its comments on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and requests the Government to provide statistical data on the number of collective agreements concluded in plantations, with an indication of the sectors of activity and the numbers of workers covered.

Part XI (labour inspection). Articles 71 to 84. The Committee refers to its 2015 comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it noted with satisfaction the adoption of Decree No. 326 of 12 June 2014 issued under the Labour Code, repealing sections 11 and 12 of the 2007 Regulations on the National Labour Inspection System of 2007, which established the requirement in all inspections for employers to be provided with an inspection order containing certain information, including the purpose of the inspection. The Government indicates that in 2017 the National Labour Inspection Office carried out 76 inspections in the agricultural sector, in which it detected 389 violations, 140 of which were related to occupational safety and health. The Government adds that the principal violations detected consisted of the failure to guarantee safe and healthy conditions for workers and the violation of rules respecting the provision of personal protective equipment. The Committee also notes the information provided by the Government on the penalties imposed. Furthermore, the Committee notes that, in its observations, the ASIC denounces alleged cases of prisoners subjected to forced labour in plantations. The ASIC also denounces cases of child labour during school holidays and the employment of secondary school students in state farms during the harvest period. In this regard, it indicates that the students are not paid for their work, but receive academic credits and a favourable recommendation for entry into university. The Committee requests the Government to provide detailed information on the number of prisoners and secondary school students who work in state farms, disaggregated by age, type of work and the manner in which they are compensated, as well as their conditions of work, and the manner in which it is ensured that the students have the freedom to choose whether or not to work. The Committee also requests the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers, and particularly the inspections carried out in plantations, violations of the labour legislation reported and the penalties imposed.

Part IV of the report form. Application in practice. The Committee requests the Government to provide detailed information on the effect given to the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistical information, disaggregated by sex and age, on the number of plantations and workers to whom the Convention applies; (iii) copies of collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations established in the plantations sector, and any other information which enables the Committee to assess the situation of workers in plantations in relation to the provisions of the Convention.

[The Government is asked to send a detailed report in 2019.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Part V (Annual holidays with pay), Articles 36–42. With regard to the need to amend section 98 of the Labour Code, which provides for the replacement of holidays by remuneration under certain conditions and on which the Committee has been making comments for many years, the Committee notes the Government’s indication that the preliminary draft of the new Code was due to be the subject of wide-ranging consultations within the workers’ assemblies in 2013. The Committee hopes that the new Labour Code will be finalized soon and that due consideration will be given to its comments on this matter. The Committee also requests the Government to refer to its comments relating to Article 4 of the Holidays with Pay Convention, 1936 (No. 52).

Parts IX and X (Right to organize and collective bargaining – Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. While reiterating its request to the Government to provide further information on supervision and enforcement measures relating to the conditions of work of plantation workers (inspections carried out, violations reported and penalties imposed), the Committee requests the Government to refer to the comments made under Articles 12 and 15(c) of the Labour Inspection Convention, 1947 (No. 81).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. The Committee notes the Government’s indication that the labour legislation does not include the notion of “recruitment”, as defined in Article 5 of the Convention. It notes that the Labour Code applies to all workers, including those employed in plantations, that workers are recruited directly by undertakings and that the recruitment of foreign workers to work on plantations is prohibited. The Committee also notes the Government’s statement that there are no foreign workers or “imported” labour on plantations within the meaning of the Convention.

Part IV (Wages), Articles 24–35. The Committee notes the adoption of Resolution No. 9/2008 of 2 February 2008 issuing the regulations on the forms and systems of payment. It also notes the Government’s indication that the agricultural sector is currently being restructured taking into account the economic, climatic and other factors which affect the production of foodstuffs for the population, self-sufficiency and the replacement of imports, and that the wages of workers will in no way be affected by the adoption of the above Resolution. Finally, the Committee notes that the Government is currently examining the application and adequacy of the systems of payment in accordance with the transitional and final provisions of Resolution No. 9/2008. The Committee therefore requests the Government to keep the Office informed of any developments following the restructuring of the agricultural sector, particularly those relating to the wages of plantation workers. Furthermore, given that the Government has not provided any information on the number of plantation workers who are paid the legal minimum wage, as well as the collective agreements concluded in this sector of activity, the Committee once again requests the Government to provide information in this regard.

Part V (Annual holidays with pay), Articles 36–42. The Committee notes that the Government provides no new information on this matter and repeats the information previously provided by indicating that, in practice, section 98 of the Labour Code, which provides for the replacement of holidays by supplementary remuneration under certain conditions, is no longer applied. It also notes the indication that the Labour Code is still in the process of being revised. In this regard, the Committee points out that this process has been under way for many years and that no concrete results have been achieved to date. The Committee once again recalls that, although this section is not applied in practice, it will remain in force until the new Labour Code has been adopted. It hopes that the Government will soon be in a position to report progress made in the adoption of the new Labour Code and that due consideration will be given to the comments that it has been making for several years.

Part VII (Maternity protection), Articles 46–50. Further to its previous comments, the Committee notes with satisfaction that section 20 of Legislative Decree No. 234 of 2003 on maternity now guarantees the right of women workers nursing their child to interrupt their work during one or more periods counted as working hours and remunerated accordingly, in accordance with Article 49 of the Convention. In addition, the Committee requests the Government to refer to its comments made under the Maternity Protection Convention, 2000 (No. 183).

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and to supply relevant information on trade unions and collective bargaining in the plantation sector.

Part XI (Labour inspection), Articles 71–84. The Committee notes, as emphasized in a direct request of 2008 under the Labour Inspection Convention, 1947 (No. 81), that sections 11 and 12 of Resolution No. 20/2007 issuing the regulations governing the national labour inspection system maintain the requirement of the existence of a written inspection order specifying the purpose of any inspection and the communication of this document to the employer. The Committee recalls that these conditions are contrary to Article 78(1)(a) and (2) of the Convention which provides that inspectors shall be empowered to enter freely any workplace liable to inspection and that they should be able to refrain from notifying the employer or his representative of their presence on the occasion of an inspection. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to bring its legislation into conformity with the Convention on this point.

Part V of the report form. Application in practice. The Committee notes the statistics provided by the Government concerning the number of inspections carried out and the number of plantation workers. The Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, in particular, statistics on the number of establishments covered by the Convention and any official study available on the socio-economic situation of plantation workers.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s very brief report does not reply to its previous comment. The Committee trusts that the Government will reply in full to the various points recalled below taking into account the comments that it has made in the meantime on the application of the relevant Conventions.

Part II of the Convention (Articles 5 to 19). Engagement and recruitment of migrant workers. The Committee refers to the direct request addressed to the Government on the application of Convention No. 97.

Part IV (Articles 24 to 35). Wages. The Committee notes the information provided by the Government in its last report on the application of Convention No. 131 relating to the adoption of Ministerial Resolutions Nos 11/2005 of 23 April 2005 and 30/2005 of 25 November 2005 respecting minimum wage fixing and the establishment of a single wage scale for all occupational categories, respectively. The Committee requests the Government to provide information on the number of workers in plantations who receive the statutory minimum wage and to provide, where appropriate, copies of collective labour agreements applicable in this sector.

Part V (Articles 36 to 42). Annual holidays with pay. The Committee refers to the comments that it made in 2004 on the application of Conventions Nos 52 and 101. It recalls its conclusion that section 98 of the Labour Code is not in conformity with the provisions of these Conventions, under the terms of which any agreement to relinquish the right to an annual holiday with pay shall be void. The Committee notes that the Government indicated on that occasion that section 98 of the Labour Code remained formally in force while awaiting the outcome of the procedure for its amendment, but that it was no longer applied in practice. The Committee hopes that the Government will amend the Labour Code in the near future so as to provide explicitly that any agreement to relinquish the right to an annual holiday with pay shall be void.

Part VII (Articles 46 to 50). Maternity protection. The Committee refers to the comment that it made on the application of Convention No. 183, in particular as regards the introduction of nursing breaks following the adoption of Legislative Decree No. 234 on Maternity.

Parts IX and X (Articles 54 to 70). Right to organize and collective bargaining; freedom of association. The Committee requests the Government to refer to the comments that it made on the application of Conventions Nos 87 and 98, with particular reference to the trade union monopoly, the right to strike, trade union rights and civil rights, the imposition of arbitration at the request of only one of the parties to collective bargaining, and the autonomy of the parties to collective bargaining.

Part XI (Articles 71 to 84). Labour inspection. The Committee once again requests the Government to provide information on the inspections carried out in plantations, including the violations of labour law reported and the sanctions imposed. The Committee also refers to the comment that it made in 2006 on the application of Convention No. 81 in relation to the requirement for prior authorization from the competent authority for inspections. The Committee hopes that the Government will amend the legislation in the near future with a view to bringing it into conformity with Article 12, paragraph 1(a) (right of inspectors to enter freely and without previous notice any workplace liable to inspection), and Article 15(c) (confidentiality of the source of any complaint) of Convention No. 81. It requests the Government to keep it informed of any measure adopted in this respect.

Part V of the report form. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of enterprises and workers covered by the Convention and any official study that is available on the socio-economic situation of workers in plantations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee recalls its observation of 2000 on Convention No. 97, in which it requested the Government to provide updated information on migrant workers and on the impact of changes in international migration on national policy and legislation. The Committee requests the Government to provide this information in its next report.

Part IV (Wages), Articles 24 to 35. The Committee refers to its comments of 2003 concerning Convention No. 131 and requests the Government to provide information on the minimum wage rates applicable to workers in plantations, as well as reports on the labour inspections carried out in the plantations sector to ensure compliance with minimum wage provisions. The Committee also requests the Government to indicate the number of workers in plantations covered by statutory minimum wage rates and those covered by minimum wages determined by collective agreement.

Part V (Annual holidays with pay), Articles 36 to 42. The Committee refers to its comments in 2001 and 2002 on Conventions Nos. 52 and 101 and once again hopes that in the near future the provisions of the Labour Code on paid leave will be amended so that leave cannot be replaced by additional remuneration, in accordance with the requirements of Article 41 of the Convention. The Committee requests the Government to keep it informed of any developments in this respect.

Part VII (Maternity protection), Articles 46 to 50. With reference to its previous comments on Convention No. 103, the Committee once again recalls the importance of affording to women workers who wish to return to work immediately following their maternity leave the possibility of interrupting their work for the purpose of nursing their child and of such interruptions being counted as working hours without reduction of wages, in accordance with Article 49 of the Convention. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Parts IX and X (Right to organize and collective bargaining; freedom of association), Articles 54 to 70. See the comments of 2003 under Conventions Nos. 98 and 87.

Part XI (Labour inspection), Articles 71 to 84. The Committee requests the Government to provide statistics in its next report on the inspections carried out in plantations, including, for example, the number of inspections carried out in this sector, the violations of labour law reported (particularly with regard to working hours, wages, safety and health and the employment of young persons), and the sanctions imposed.

Part IV of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice in its next report, including, for example: (i) statistics on the number of enterprises and workers covered by the Convention; (ii) official studies on the socio-economic situation of workers in plantations; (iii) copies of collective agreements applicable in the sector, and any other information making it possible to assess the situation of workers in plantations in the light of the provisions of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report.

With reference to its previous comments, the Committee requests the Government to refer to the following comments made in relation to the application of other Conventions:

Part VI. See the 1997 observation on Convention No. 103.

Part X. See the 1996 observation on Convention No. 87.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report.

With reference to its previous comments, the Committee asks the Government to refer to the following comments on the application of other Conventions:

Part IV of the Convention: See the 1992 direct request concerning Convention No. 95, as follows:

As regards the comments dated 31 January 1991 by the International Confederation of Free Trade Unions (ICFTU) concerning the application of this Convention and the practice of the state enterprise CUBATECNICA, the Government's report includes the following information as well as a copy of the contract between CUBATECNICA and the young workers: the Government states that young workers were sent to the German Democratic Republic to work there with a view to improving their qualifications on the basis of a bilateral agreement between the governments. The contract prescribes that the young worker should remit to Cuba 60 per cent of the difference between the monthly income and the amount deemed necessary for the maintenance of the worker in the country. The latter amount in the German Democratic Republic was 350 marks, which was equal to the amount Cuban students in the same country were granted, according to the Government. The young worker, in pursuance of the contract, authorises CUBATECNICA to draw money from his or her bank account to compensate the cost it assumed for the worker, and can control the account only after having paid the debt to CUBATECNICA. The Government also states that the exchange rate applied in this connection was that fixed by the National Bank of Cuba corresponding to the rate in force in the transactions between the two countries.

The Committee notes this information. It would point out that, although Article 6 of the Convention does not apply to this case since CUBATECNICA is not the employer of the young worker, provisions such as Article 3 (payment in legal tender) and Article 12(1) (regular payment) are intended to ensure that the worker receives the wages as a whole in a manner in which they are immediately disposable to the worker. The Committee requests the Government to indicate whether young workers are at present sent abroad under the contract with CUBATECNICA and, if so, to provide detailed information on the practice.

Part V: See the 1991 observation on Convention No. 52.

Part VI: See the observation on Convention No. 103, as follows:

In reply to the Committee's previous comments concerning interruptions of work for the purpose of nursing, the Government refers to Resolution No. 10 of 10 July 1991 of the State Committee for Labour and Social Security, which enables women workers to extend their post-natal leave to take care of children until they are six months' old and to receive an allowance equivalent to 60 per cent of their wages. While noting this information with interest, the Committee is bound to point out that these measures do not meet fully the requirements of Article 5 of the Convention, which aims to enable women workers who choose to resume their jobs on expiry of post-natal leave to interrupt their work for the purpose of nursing without any reduction in wages. The Committee again expresses the hope that, in the near future, the Government will adopt the necessary measures - legislative, regulatory, administrative or collective agreements - to provide for interruptions of work for the purpose of nursing which are counted as working hours and remunerated accordingly. The Government is asked to indicate any progress made in this respect in its next report.

Part X: See the observation on Convention No. 87, as follows:

The Committee takes note of the Government's report, the discussions at the Conference Committee in 1992 and the provisional conclusions of the Committee on Freedom of Association concerning Case No. 1628 (284th Report, approved by the Governing Body at its 254th Session (November 1992)).

(a) For many years the Committee has stressed the need to remove the reference to the Central Organization of Workers (CTC) from the legislation, in order to guarantee fully the right of workers and their organizations to establish organizations of their own choosing (Articles 2 and 5 of the Convention), particularly central organizations.

The Committee notes the observations made by a Government representative at the Conference Committee, which were confirmed by the Government in its report, to the effect that the right to establish and join organizations is established by law (section 13 of the Labour Code) and recognized in practice by all productive sectors, and the National Constitution guarantees the rights of assembly, demonstration and association to all workers (Article 54). The Committee none the less points out that the Committee on Freedom of Association, at its meeting of November 1992, examined allegations by the International Confederation of Free Trade Unions concerning the failure of the Ministry of Justice to reply to the General Union of Cuban Workers' (UGTC) request for registration and recognition of its legal personality; the above Committee asked the Government to send its observations on this matter without delay, taking into account Article 2 of the Convention, and stressed that the right of workers to establish organizations of their own choosing implies, in particular, the effective possibility of forming, in a climate of full security, organizations independent both of those which exist already and of any particular party (see 284th Report, Case No. 1628 (Cuba), paras. 1011 and 1029).

The Committee notes with interest the amendments to the National Constitution: the reference to the Central Organization of Workers has been removed from Article 7 which now makes the general statement that the socialist State of Cuba recognizes and stimulates the social and mass organizations which have risen from the historic process of the struggles of the people; and Article 99 which entitled the general secretary of the Central Organization of Workers to participate in the sessions of the Council of Ministers has been repealed. The Committee also notes from the Government's report that the amendments to the National Constitution have significant implications for a whole set of existing laws - including the Labour Code - which are to be reviewed and amended to bring them into line with the Constitution once the appropriate consultations have been held with the trade unions.

The Committee therefore expresses the firm hope that all the trade union legislation will be harmonized with the amended National Constitution and, in particular, that the Labour Code and other legal texts will be amended in the near future so as to omit any reference to a single central workers' organization. It also hopes, in view of the conclusions of the Committee on Freedom of Association, that full effect will be given in practice to the right of workers, should they so wish, to establish freely, in a climate of full security, trade union organizations independent both of those which exist already and of any policitical party, in accordance with Article 2 of the Convention. The Committee asks the Government to keep it informed of any progress made in these matters.

(b) In its previous observations, the Committee also referred to comments made by the International Confederation of Free Trade Unions concerning the elections of trade union leaders by the Communist Party and not by the workers. In reference to this point, a Government representative informed the Conference Committee in 1992 that when part of the management of the Central Organization of Workers was replaced recently, members from the working class were elected. In addition, according to the Government's report, any worker may be nominated and elected as a trade union leader as soon as he enters into a labour relationship.

While taking due note of this information, the Committee reminds the Government that although the Preamble to the Statutes of the CTC states that the trade union movement is not part of the state apparatus and that the CTC and the unions are not organizations of the Party, at the same time, the CTC and the unions openly and consciously recognize the leadership of the Party as being the vanguard and highest organization of the working class, endorse and follow the policy of the Party and act in accordance with the principles of democratic centralism.

The Committee recalls paragraph 5 of the resolution concerning the independence of the trade union movement, adopted by the International Labour Conference in 1952, which stipulates that: "When trade unions, in accordance with national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social and economic functions irrespective of political changes in the country."

The Committee considers that a system in which there is a single party and a single central trade union organization and where the statutes of such an organization establish the objective of following the policy of the Party is likely to lead to excessive interference in trade union independence and the election of trade union leaders, is inconsistent with Article 3 of the Convention. In these circumstances, the Committee asks the Government to keep it informed of any developments in the relations between the Cuban Communist Party and the Central Organization of Workers.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its earlier comments, the Committee asks the Government to refer to its comments on the application of other Conventions:

Part IV of the Convention. See the direct request of 1987 concerning Convention No. 95, as follows:

The Committee notes the enactment of Act No. 49 of 28 December 1984, establishing a new Labour Code. The Committee also notes the Government's last report in which it states that legal provisions giving effect to this Convention are to be added to the above Act. The Committee notes that Chapter IV of the Labour Code contains a series of provisions respecting wages and in particular the conditions for payment of wages (section 6). It also notes that the transitional provisions provide for the abolition of a series of legal texts, together with any legal provisions or clauses conflicting with the application of the provisions of the Code. The Committee would therefore be grateful if the Government would confirm that the provisions of Decree No. 789 of 1938 continue to be in force and supplement the provisions of Chapter IV of the Labour Code to give effect to this Convention.

Part V. See the observation of 1987 concerning Convention No. 52, as follows:

In its previous observation, the Committee drew the Government's attention to the fact that section 98 of the Labour Code of 1979 under which the State Labour and Social Security Committee may authorise with the agreement of the workers, in a number of branches or activities or the reasons of production or services, the replacement of holidays by supplementary remuneration, is in conflict with Article 4 of the Convention under which any agreement to relinquish the right to an annual holiday shall be void.

In reply, the Government states that under section 52(n) of Legislative Decree No. 67 of 19 April 1983, the State Labour and Social Security Committee, when making the authorisations envisaged under section 98 of the Labour Code, is obliged to ensure that effect is given to the obligations derived from Conventions and that - specifically to give effect to this Convention - a provision has been introduced in the Labour Code (section 95) to the effect that workers shall be entitled to at least seven days of holiday with pay during the working year.

The Committee takes due note of the explanations given by the Government. It notes, nevertheless, that section 98 of the Labour Code clearly establishes the possibility (in the exceptional cases laid down by the above section) of the replacement of the workers' holidays by cash remuneration "without taking time off" and that the worker will receive a corresponding supplementary remuneration for the days worked "during the period for which he should have been on leave". In order to clarify any ambiguity and eliminate the possibility that the law be applied contrary to the provisions of the Convention, the Committee expresses the hope that the Government will take the appropriate steps to specify that section 98 cannot be applied to the minimum holidays provided for in section 95 of the Labour Code.

Part VI. See the observation concerning Convention No. 103, as follows:

1. The Committee takes note of the Government's reply to its previous comments and of the other information contained in the report. In particular, the Committee notes with interest that under act No. 61 of 29 September 1987, the minimum maternity cash benefit has been increased.

2. With regard to Article 5 of the Convention, concerning the entitlement to interrupt work for the purpose of nursing, the Committee takes note of the Government's statement to the effect that the possibility of giving effect to this provision of the Convention in still under study.

The Committee hopes that the Government will be able to take the necessary steps, either through legislative or administrative measures or through collective agreements, to enable women wishing to do so to nurse their children without any reduction of remuneration, in accordance with Article 5 of the Convention. The Committee request the Government to indicate in its next report any progress made in this respect.

Part X. See the observation concerning Convention No. 87, as follows:

In its previous observation, the Committee pointed out that the Labour Code, which came into force in 1985, continued to refer expressly to the Central Organisation of Workers of Cuba (particularly in section 15) and that Legislative Decree No. 67 of 19 April 1983 conferred on this organisation the monopoly of representing the workers of the country before the State Committee on Labour and Social Security of the Ministry of Labour (section 61).

In its report, the Government states that section 15 of the Labour Code does not mention by name the Central Organisation of Workers of Cuba (CTC), as it is named in section 1 of the by-laws of that organisation. The above section 15 cannot be interpreted out of the general context expressed in that legal provision, since the reference to the Central Organisation of Workers in that section does not imply the institutionalisation of the Central Organisation of Workers of Cuba (CTC), or the creation or maintenance of a single trade union system.The Government states in its report that the reference to the Central Organisation of Workers in section 15 of the Labour Code reaffirms and gives effect, within the Cuban legal system, to a principle set out in Article 3 of the Convention and does not institutionalise or maintain a "trade union monopoly" as it is termed by the Committee of Experts. The Government reiterates that the wish for unity in the trade union movement does not stem from the law but is a historical fact, strengthened and consolidated by the workers themselves in their revolutionary and trade union struggles which commenced in the first workers' congresses at the end of the last century, prior to any law or to Convention No. 87.

In its report, the Government states that section 61 of Legislative Decree No 67 of 1983, when considered in isolation, does not convey the scope of the forms of workers' participation in the decision-making process at all levels, which stimulates protects labour legislation as a whole. As a practice that is protected and encouraged by many provisions in the Labour Code and its supplementary legislation, the various directorates and departments that carry out the functions of the State Committee on Labour and Social Security consult the national trade unions when taking decisions that affect the interests of the workers. The Central Organisation of Workers of Cuba (CTC) is not an exclusive and restricted association, as it is wished to be implied by describing it as a "trade union monopoly", since it is composed of 17 national trade unions. In turn, the CTC and the 17 national branch trade unions are composed of provincial and municipal committees with a total of 58,569 trade union sections and 2,576 trade union offices, in which 98 per cent of the workers throughout the country are gathered together.

The Committee once again takes note of these statements, particularly as regards the development and practices of the trade union movement in Cuba, but must point out that the national legislation, in sections 15, 16 and 18 of the Labour Code, refers by name to the "Central Organisation of Workers", in the singular form, which in itself constitutes recognition in the legislation of the single trade union system.

The Committee recalls that in its 1983 General Survey on Freedom of Association and Collective Bargaining it indicated in paragraph 137 that, even in a case where a de facto monopoly exists as a consequence of all the workers having grouped together, legislation should not institutionalise this factual situation. Even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, union outside the established trade union structure.

The Committee therefore once again request the Government to indicate the measures that are under consideration in order to eliminate from the legislation the numerous references to a single trade union central organisation, called the "Central Organisation of Workers" in the Act, and to enable the workers to create unions of their own choosing, distinct from the existing union structure, if the so wish.