Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Cuba (Ratification: 1952)

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

Convention No. 79 (Article 3(1)) and Convention No. 90 (Article 2(1)). Period during which night work is prohibited. In its previous comments on both Conventions, the Committee noted that even though section 15 of Decision No. 8/2005 of 1 March 2005 issuing the general regulations on employment relationships prohibits night work for young persons under 18 years of age, there is no provision that specifies the period during which night work is prohibited. The Committee therefore asked the Government to take the necessary steps to bring the legislation into conformity with the Conventions, by prohibiting night work for young persons under 18 years of age for a period of at least 12 consecutive hours, including the interval between 10 p.m. and 6 a.m.

The Committee notes the Government’s reference in its report to the adoption of Act No. 116 of 20 December 2013 issuing the Labour Code. It notes that under section 1(d) of the new Labour Code work for children is prohibited, and under section 22 young persons must be at least 17 years of age to be able to conclude an employment contract, but in exceptional cases this facility may be granted from the age of 15 or 16 years. Moreover, section 68 of the Labour Code provides that young persons aged from 15 to 18 years cannot be employed, inter alia, in work done at night. The Committee notes with satisfaction that section 84(d) of the Labour Code defines night work as work done between 7 p.m. and 7 a.m., in accordance with the Conventions.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report. It requests the Government to refer to its comments on the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

See under Convention No. 79.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

See under Convention No. 79.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

See under Convention No. 79, as follows:

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee noted that, under section 224 and sections 128 and 129 of the General Regulations of the Act respecting Protection and Hygiene at Work, night work is forbidden from 10 p.m. to 6 a.m. for young persons of less than 16 years. The Committee pointed out that these provisions are not in conformity with the Convention, which provides for a period of rest at night of at least 12 consecutive hours, including the interval between 10 o'clock in the evening and 6 o'clock in the morning for young persons under 18 years of age. The Committee notes the Government's statement that it has taken note of this omission, which relates to the provisions of the Regulations issued under the Act respecting Protection and Hygiene at Work, with a view to taking the appropriate steps when the above provisions are revised. The Committee hopes that the necessary amendments will be made to bring the law into harmony with the Convention. The Committee requests the Government to report any progress achieved in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

See under Convention No. 79, as follows:

The Committee refers to its previous comments in which it noted that under section 224 and sections 128 and 129 of the General Regulations of the Act respecting protection and hygiene at work, night work was forbidden from 10 p.m. to 6 a.m. for young persons of less that 16 years. It points out that these provisions are not in conformity with the Convention, which provides for a period of rest at night of at least 12 consecutive hours, including the interval between 10 o'clock in the evening and 6 o'clock in the morning for young persons under 18 years of age. The Committee once again requests the Government to indicate in its next report the measures that have been taken or are envisaged to bring the legislation into conformity with the Convention.