Employment Policy Convention, 1964 (No. 122) - Cuba (Ratification: 1971)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative stated that the employment policy in her country was based on the principles established in the Labour Code, according to which work is provided taking into account the economic and social requirements, according to the choice of the worker, his talents and qualifications, which corresponds to Article 1, paragraph 3, of the Convention. In Cuba persons looking for employment have got two possibilities, either to request directly the organisms of labour which conclude contracts directly with the worker, or to go to a vocational orientation bureau of each municipality where they can be informed of available employment in the territory under the jurisdiction of the municipality. In this procedure, no element mentioned by the ICFTU enters in consideration and the labour relation is concluded in conformity with the provisions of Chapter II of the Labour Code concerning labour contracts. Last year, in spite of the difficult economic situation facing the country, the unemploynment rate was less than 4 per cent. Cuba has about 3.5 million workers of which more than 30 per cent are specialists and technicians of intermediate or superior level. In view of these figures, not common in developing countries, she wonders how one can suspect discriminations in the country, if it was not by manipulation with political aims to speak ill of the social economic system of the country. The Government endeavours not to leave any worker without work, regardless of their political opinions, and offers various possibilities of new employment when it is necessary to introduce structural changes in the enterprises for such reasons as the decrease of fuels or lack of raw materials. The new employment should be useful and accessible to the worker according to his qualifications, in conformity with the regulation in force. The workers also have the possibility to take courses for qualification or re-employment. Those workers who did not find available employment receive 100 per cent of their former wages for the first month and 60 per cent for the following months. Here again, political opinion does not count and there is no pressure or coercion to engage oneself in an employment relationship. The speaker added that the provisions mentioned above stipulated that the worker could request and obtain re-employment in a profession or employment with different characteristics from what was shown in the provisions, which meant that the worker could freely look for employment of his choice.

The Workers' members noted the written information which the Government provided indicating in relation to Convention No. 111 that Cuba had the lowest unemployment rate in Latin America and has taken measures to ensure employment without discrimination. The difficult question here is whether there is freedom of choice; freedom not only to choose jobs, but also to have opportunities of training and general education to equip oneself for jobs, regardless of political convictions. So as to determine whether or not the Government is fulfilling obligations under Convention No. 122, the Government should send a report to the Committee of Experts indicating all the specific employment policy measures, as regards not only the legal obligations under the Convention but also the implementation of its spirit.

The Employers' members joined the opinion of the Workers' members and pointed out that the employment policies in Cuba seemed to involve forced labour under Conventions Nos. 29 and 105, which are also ratified by Cuba. The Government referred to Article 1, paragraph 3, of the Convention respecting account to be taken of the stage and level of economic development. The Employers' members wondered whether the economic situation in Cuba fit with what is contemplated in this provision of the Convention. They agreed with the Workers' members that the only way to clear up the situation was for the Government to report in detail the actual situation and to demonstrate that in fact workers can freely choose their work.

The Government representative emphasised that despite the economic difficulties, the Government had never abandoned its policy of full employment based on the equality of all workers without any discrimination. This can be supplemented by the reports on the application of Conventions Nos. 111 and 122 which are sufficiently explicit. As regards present regulations, they stipulate that the workers can be re-employed in useful and necessary jobs, but not in unproductive employment; a worker can also personally look for employment which is not necessarily employment that is offered within the framework of the Government's measures aimed to ensure the policy of full employment. Thus, the workers have absolute freedom to choose employment either offered by the authorities or looked for if they can find one; nothing prevents the new enterprise from recruiting workers if that enterprise considers that the worker has the necessary qualifications for the offered post. The speaker stated that the question of free choice was not a legal question but a practical and ongoing one, which is demonstrated in the extremely low unemployment rate of her country.

The Workers' member of Cuba stated that in Cuba workers had absolute freedom to choose their work. Trade unions would not accept any other system. The trade unions have been consulted by the Government and public authorities. The Central Organisation of Workers (CTC) started a debate on the means proposed so as to find a solution in the placement of workers in enterprises where there was not enough work available for such reasons as a lack of fuels, raw materials, etc. The law and practice in Cuba perfectly conformed with the idea that workers should have a real possibility to choose employment freely. When a worker wished to occupy one post which existed, he had all the possibilities to become the holder of that post. The speaker requested that his reservation on this conclusion be reflected.

The Committee took due note of the information supplied by the Government. As it was not quite clear from that information whether the freedom of choice for workers as far as jobs are concerned was guaranteed, it asked the Government to send to the ILO a full report on the situation.

The Workers' member of Cuba stated that in Cuba workers had absolute freedom to choose their work. Trade unions would not accept any other system. The trade unions have been consulted by the Government and public authorities. The Central Organisation of Workers (CTC) started a debate on the means proposed so as to find a solution in the placement of workers in enterprises where there was not enough work available for such reasons as a lack of fuels, raw materials, etc. The law and practice in Cuba perfectly conformed with the idea that workers should have a real possibility to choose employment freely. When a worker wished to occupy one post which existed, he had all the possibilities to become the holder of that post. The speaker requested that his reservation on this conclusion be reflected.

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

The Committee notes the observations made by the Independent Trade Union Association of Cuba (ASIC), received on 30 March 2021, and the Government’s replies to those, received on 7 May 2021.

Articles 1 and 2 of the Convention. Implementation of the employment policy as part of a coordinated economic and social policy. The Committee notes the adoption of the new Constitution of the Republic of Cuba on 10 April 2019, which in section 31 establishes that work is a fundamental value of society that constitutes a social duty and right. In addition, section 64 recognizes the right to work and provides that persons fit to work have the right to obtain a decent job, in accordance with their choice, qualifications, capabilities and the demands of the economy and society. The Committee notes, however, that the Government does not provide information on the specific measures taken to promote full, productive and freely chosen employment, especially for particular categories of workers, such as women, young persons and persons with disabilities.The Committee therefore requests the Government to provide detailed and up-to-date information on the nature, scope and impact of the specific measures taken to develop and adopt an active employment policy designed to promote full, productive and freely chosen employment in full compliance with the Convention. It also requests the Government to continue to provide detailed and up-to-date information on the impact of the employment policy and measures implemented, indicating to what extent they affect particular categories of workers, such as women, young persons, persons with disabilities and “available and interrupted workers” affected by the restructuring of the state sector.

Reassignment of workers. The Committee notes the information provided by the Government regarding the process of reassignment of state workers. The Government indicates that state sector workers may be declared “available” on several grounds established by law. In this regard, the Government indicates that alternatives to employment regulated by law are: permanent or temporary vacancies, both within and outside the enterprise, for which the worker meets the prerequisites and which need to be filled; own account activities; and the granting of land in usufruct and other forms of employment in the non-state sector. The Government indicates that the enterprise manager is responsible for finding other jobs for workers, but this does not preclude “available” workers from organizing their own transfers to another enterprise or activity. The Government also indicates that the enterprise manager prepares a written record of the proposal made to each worker, who has the right to accept it or not. The Government adds that when the workers consider that there have been breaches of the procedural formalities in determining their availability, they may submit complaints to the competent judicial bodies. Lastly, the Committee notes the Government’s reference to the adoption of several decrees concerning measures affecting labour and wages, aimed at addressing the impact of the COVID-19 pandemic on employment, such as transferring workers to other jobs and guaranteeing the wages of those who could not be transferred. The Committee notes that section 4 of Decree No. 65 of 2022 on labour and wage measures related to COVID-19 provides that an “interrupted” worker who does provide reasonable grounds for refusing a reassignment, in the view of the enterprise manager and after hearing the opinion of the trade union organization, shall not be afforded a wage guarantee during that period, without the termination of the employment relationship with the enterprise. In this respect, the Committee notes that, in its report under the Employment Service Convention, 1948 (No. 88), the Government indicates that in 2020, 74,147 workers were interrupted, 36 per cent of whom were reassigned (other jobs were found for 19 per cent and other jobs with different work were found for 17 per cent). The Government also states that 38,174 of these workers (51 per cent) were guaranteed their wages as they were not reassigned, while 9,064 workers were not guaranteed their wages as they refused the proposed reassignment without providing reasonable grounds.The Committee requests the Government to indicate how it is ensured that workers who are transferred to other jobs have been able to exercise their right to choose freely and without any pressure their new job, and how it is ensured that the new job enables them to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, pursuant to the principles set out in this Convention and to Article 1(5) of the Human Resources Development Convention, 1975 (No. 142). In addition, it requests the Government to provide detailed and up-to-date information on the application in practice of the legislation authorizing the reassignment of state workers, including Decree No. 65 of 2022, including information on the criteria used to determine that a worker’s refusal of a reassignment is justified or unjustified.

Labour market trends. The Committee notes the Government’s indication that, according to information from the National Statistics and Information Office, in 2020 there were 4,643,800 persons employed, 1,824,900 of whom were women. In the state sector, there were 3,094,400 persons employed (1,421,100 of whom were women), while in the non-state sector, there were 1,549,300 persons employed (403,800 of whom were women). The Government also indicates that in 2020 the unemployment rate was 1.4 per cent and that there was no underemployment in the country, as workers work the legally mandated hours and are paid in full in line with their performance.The Committee requests the Government to continue to provide up-to-date statistical information on the size and distribution of the labour force, in particular on the nature and extent of unemployment and underemployment, and trends thereof, disaggregated by age and sex.

Small and medium-sized enterprises. Cooperatives. In its previous comments, the Committee requested the Government to provide information on the impact of the authorization to work on one’s own account and of the expansion of non-state modes of production to increase productivity. The Committee notes the Government’s indication that, in 2020, of the 4,643,800 persons employed, 602,400 worked on their own account and 532,100 worked in cooperatives in the non-state sector. The Government also indicates that the conditions of employment in the non-state sector are maintained: agricultural and non-agricultural production cooperatives, credit and service cooperatives, basic units of cooperative production, land usufructuaries and own-account work. The Government states that non-agricultural cooperatives operate in the sectors of, inter alia, restaurants, personal and technical services, transportation, construction, fishery, and food production. The Committee notes, however, the Government’s general indication that the results of these activities have an impact on the gross domestic product (GDP) but does not provide statistical information in this respect. Nor does the Government provide information on the impact of the expansion of non-state modes of production aimed at increasing the productivity of the agricultural cooperatives. The Committee notes, nonetheless, that ASIC, in its observations, refers to the publication on 10 February 2020 of a list of the Economic Activities Classification System (CNAE) under the Ministry of Labour, which includes 124 economic activities for which own-account work is not authorized. ASIC reports that the adoption of this list restricts the freedom of citizens to freely choose the form in which to carry out their economic activities. The Committee notes that the list includes activities in many sectors, such as construction; wholesale and retail trade; automobile and bicycle repair; sugarcane processing; extraction of crude oil and natural gas; legal, architectural and engineering activities, veterinary activities; and arts, entertainment and recreational activities. ASIC emphasizes that this situation, alongside the current monetary policy, is pushing thousands of own-account workers into informality. The Government indicates that the allegations of restrictions on the free development of non-state sector activities are false. It emphasizes that this list constitutes progress and indicates that own-account work is authorized in all activities not included in the list. It states that previously only 127 own-account activities could be performed, whereas currently over 2,000 are authorized. It adds that, with a view to improving the exercise of own-account work, measures are envisaged to streamline the administrative procedure for issuing approval for own-account work, and to remove limitations on the number of activities permitted. These measures include the establishment of a “one-stop-shop” to provide information and advice, and to process applications, suspensions, cancellations and permits. The Committee requests the Government to provide detailed and up-to-date information on the nature, scope and impact of the measures adopted with a view to streamlining the administrative procedure for issuing permits for own-account work, and removing the limitations on the number of activities that can be performed by own-account workers. It also requests the Government to provide a copy of the latest list of activities that own-account workers may not perform. In addition, the Committee once again requests the Government to provide up-to-date statistical information on the impact of the authorization to work on one’s own account on the GDP of the country, particularly the contribution of the non-state sector cooperatives, and other initiatives that have been tried out to increase agricultural production.

Education and training. Since 2014, the Committee has been requesting the Government to provide information on the coordination of educational and vocational training policies with employment policies. The Committee notes once again the Government’s general indication that measures are being maintained to coordinate education and training policies with employment. The Committee also notes the adoption of Legislative Decree No. 350 on vocational training, of 25 October 2017, aimed at introducing regulations for the improvement of the operation of sectoral schools and training centres under state bodies and various national entities with a view to responding to the current needs of the Cuban economic model. The Committee also notes the adoption on 8 October 2019 of Decree No. 364 of 2019 concerning training and developing a skilled workforce, which sets out the scope of the responsibilities of state bodies and agencies, the corporate system and non-state forms of management relating to vocational training, career guidance, as well as training and developing a skilled workforce. The Committee also notes the Government’s indication that in 2020, 48,121 graduates with varying levels of qualifications entered the workforce.The Committee refers to its comments on the application of the Human Resources Development Convention, 1975 (No. 142) and requests the Government to send more detailed and specific information on how educational and vocational training policies are coordinated with employment policies and, specifically, on how the provision of training is coordinated with the demand for knowledge and skills, and the changing labour market situation.

Mariel Special Development Zone (ZEDM). The Committee notes that the Government merely reiterates that the main source of employment in the ZEDM is the construction sector, particularly the establishment of infrastructure and logistical services.The Committee once again requests the Government to provide up-to-date and detailed statistical information, disaggregated by sex and age, on the contribution of the ZEDM to the creation of productive and freely chosen employment, and on how worker protection in the ZEDM is ensured, especially with regard to particular categories of workers, such as women and young persons.

Article 3. Participation of the social partners. The Committee notes the Government’s indication that the fundamental legal regulations are subject to tripartite consultation processes, with one such example being the promulgation of the Constitution of the Republic of 2019. It adds that representative workers’ and employers’ organizations are also consulted during legislative processes concerning labour and social security. In this regard, the Government indicates that all measures applied in the process of preventing and addressing the COVID-19 pandemic were subject to consultation with representative workers’ and employers’ organizations.The Committee requests the Government to send detailed and up-to-date information, including specific examples on how the employers’ and workers’ organizations were consulted, and their views taken into account, in the development and implementation of employment policies and programmes. The Committee also requests the Government to provide detailed and up-to-date information on the nature, scope and outcome of those consultations.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Implementation of the employment policy as part of a coordinated economic and social policy. In its previous comments, the Committee asked the Government to indicate the manner in which the reassignment of state workers allows the persons concerned to engage in productive activities. However, the Committee notes that the Government does not provide any information on this matter in its report. The Committee also notes the Government’s statement that the employment policy referred to in its previous report is continuing and that in 2015 the unemployment rate was 2.4 per cent (2.6 per cent for women and 2.3 per cent for men). The Committee requests the Government to indicate the manner in which the reassignment of state workers allows the persons concerned to engage in productive and freely chosen activities. The Committee also requests the Government to send detailed information on the impact of the employment policy and the measures implemented, indicating to what extent they affect particular categories of workers such as women, young persons, persons with disabilities and “available and interrupted” workers affected by the restructuring of the state sector. The Committee also requests the Government to include up-to-date statistical information, disaggregated by sex, on the size and distribution of the workforce, the nature and scope of unemployment and underemployment, and labour market trends.

Small and medium-sized enterprises. Cooperatives. In reply to the Committee’s previous comments, the Government indicates that in 2015 there were 4,860,500 persons in employment, of which 499,000 were own-account workers, while 214,600 worked in agricultural cooperatives and 7,700 in non-agricultural cooperatives. However, the Government does not provide any information on the impact of these activities on the gross domestic product (GDP) of the country. The Committee requests the Government to continue providing information on the impact of the authorization to work on one’s own account and of the expansion of non-state modes of production, particularly agricultural cooperatives, to increase productivity, or of other initiatives that have been tried out to increase agricultural production.

Education and training. The Government indicates that measures are being maintained to coordinate education and training policies with employment and that in 2015 a total of 36,046 graduates from various levels of training gained access to the job market. The Committee requests the Government to provide more detailed information on the coordination of educational and vocational training policies with employment policies, particularly on how the supply of training is coordinated with the demand for knowledge and skills and labour market trends.

Mariel Special Development Zone (ZEDM). In reply to the direct request of 2014, the Government indicates that the main source of employment in the ZEDM is the construction sector, particularly the establishment of infrastructure and logistical services. The Committee requests the Government to continue sending information on the contribution of the ZEDM to the creation of productive and freely chosen employment, and on how worker protection in the ZEDM is ensured, especially with regard to particular categories of workers, such as women and young persons.

Article 3. Participation of the social partners. In reply to the Committee’s previous comments, the Government states that the basic elements of economic and social policy were subjected to an extensive process of prior consultation with representatives of the stakeholders and endorsed by the National Assembly of People’s Power. The Committee requests the Government to provide more detailed information on how the representatives of all the stakeholders express their views on the process of updating the economic model in relation to achieving the objectives of the Convention.

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

Article 1 of the Convention. Implementation of an employment policy within the framework of a coordinated economic and social policy. With reference to its 2011 direct request, the Committee notes the Government’s statement in its report received in July 2014 indicating that the updating of the economic model does not affect the application of the Convention. The Government observes that employment is being maintained in the state sector and that a system of employment is applied in the non-state sector which includes: agricultural production cooperatives, credit and service cooperatives; basic cooperative production units; land users and own-account workers. The Committee notes that at the end of 2013 own-account work was carried out by 447,835 persons, which is triple the figure for those engaged in non-state employment. The Government provides data with its report from the National Statistical Office indicating that, at the end of 2013, employment covered 4,918,800 workers (women represent 37.4 per cent of employed persons) and that the unemployment rate was 3.3 per cent, with the rate for women being 3.5 per cent and that for men, 3.1 per cent. The Committee notes Decision No. 34/2011 of 6 September 2011 through which the Minister of Labour issued Regulations on the labour and wage measures applicable to available and interrupted workers. The Committee invites the Government to continue providing information on the manner in which the reallocation of state workers enables the persons concerned to engage in productive activities. The Committee also invites the Government to include up to-date information on the situation, level and trends of the labour market, with an indication of how they affect specific categories of workers, such as women, young persons and available and interrupted workers affected by the reorganization of the state sector.

Small and medium-sized enterprises. Cooperatives. The Government recalls in its report that authorization to engage in own-account work is not recent, but that the innovative aspect is related to the scope of the activities and the introduction of greater facilities for exercising such activities. The Committee notes that the products and services from own-account work and other forms of non-state activities contribute to the country’s Gross Domestic Product (GDP). The Government adds that, in this manner, effect is given to the concept of decent work. The Committee invites the Government to continue providing information on the impact on national GDP of authorization to engage in own-account work, and particularly the contribution made by agricultural production cooperatives and other initiatives taken to increase agricultural production.

Education and training. The Government continues to provide certain data on the participation of workers in post-graduate education. The Committee invites the Government to provide information on the measures adopted to coordinate education and training policies with employment.

Article 3. Participation of the social partners. The Government states that there was a transparent process of dialogue with the population which was reflected in the national consensus on the characteristics to be followed by the economic and social model of the country, which involves maintaining the achievement of the objectives of full, productive and freely chosen employment. The Committee invites the Government to provide updated information demonstrating how the representatives of all the interested parties have given their views on the process of updating the economic model in relation to the achievement of the objectives of the Convention.

The Committee notes the observations made by the Independent Trade Union Coalition of Cuba (CSIC) in August 2014 on the activities of state employment agencies in the recruitment of workers to be employed in the Mariel Special Development Zone and the reply received from the Government in November 2014. The Government indicates that employment agencies do not operate in the Mariel Special Development Zone, but rather enterprises which are obliged to ensure compliance with the applicable labour legislation. The Committee invites the Government to continue to provide information on the contribution of the Mariel Special Development Zone to the generation of productive and freely chosen employment.

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

Article 1 of the Convention. Implementation of an employment policy within the framework of a coordinated economic and social policy. The Committee notes the information sent by the Government in the report for June 2009–May 2011 concerning unemployment as it stood at the end of 2010. The Committee requests the Government to describe the manner in which the updating of the economic model, announced in the last quarter of 2010, affects the application of the Convention. The Committee requests the Government to send all available information on how the reassignment of public sector workers has enabled the persons concerned to engage in productive employment. The Committee again requests the Government to include up-to-date information on the situation, level and trends of the labour market, indicating how they affect particular categories of workers, such as women, young persons and workers affected by the reorganization of the state sector.

Small and medium-sized enterprises. Cooperatives. In its previous comments the Committee referred to the fact that self-employed work supplemented certain state activities in manufacturing and the provision of services of use to the population. In its last report the Government indicates that, at the end of 2009, there were 231,600 workers employed in cooperatives and 143,800 self-employed workers, 30,300 of whom were women. The Committee requests the Government to provide information in its next report on the impact of the authorization to work on a self-employed basis and on the growth in non state production in terms of increasing productivity. The Committee also reiterates its interest in assessing the contribution of agricultural cooperatives towards increasing agricultural production.

Employment promotion and vulnerable groups. The Government provides some information in its report on employment for young persons, women and people with disabilities. The Committee requests the Government to include information in its next report on the steps taken to coordinate education and training policies with employment.

Article 3. Participation of the social partners. The Government lists the organizations which participate, according to the matters concerned, in a democratic dialogue relating to the various measures to be adopted. The Committee requests the Government to include information in its next report on how the representatives of all the interested parties have given their views on the process of updating the economic model with regard to achieving the objectives of full, productive and freely chosen employment.

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

1. Article 1 of the Convention. Application of an employment policy in the framework of an economic and social policy. The Government indicates in its report that, at the end of 2008, employment had increased by more than 225,700 workers compared to 2005. According to the Government, the unemployment rate was 1.6 per cent in 2008. In the civilian state sector, the participation rate of women is 46.7 per cent. The Committee requests the Government to continue providing information on the results achieved by the measures taken by the central state administration to promote productive and lasting employment. The Committee also requests the Government to include up to date information on the situation, level and trends of the labour market, indicating how they affect particular categories of workers, such as women, young persons and workers in the public and non-state sectors.

2. Small and medium-sized enterprises. Cooperatives. The Government has indicated in its replies to the questionnaire concerning the General Survey on employment  (2010) that state enterprises are core to the country’s economy. Within the Cuban employment system there is no definition of small and medium‑sized enterprises, which is differentiated from the other definitions relating to the employment system. With regard to cooperatives, the organization of agricultural and livestock production cooperatives and credit and services cooperatives in the rural sector is recognized. Furthermore, in reply to previous comments, the Government indicates in its report that self-employed work supplements certain state activities in manufacturing and the provision of services of use to the population. The Committee notes that in 2008 there were 141,600 self-employed workers, of whom 32,700 were women. The Committee requests the Government to provide information in its next report on the contribution of agricultural production and livestock cooperatives and self-employed workers to the promotion of productive employment.

3. Employment promotion and vulnerable groups. In reply to the previous direct request, the Government has provided detailed information on the overall development programme for young persons (CSIJ). At the end of January 2009, 84,339 students had enrolled and 65,115 students had already received offers of employment. Furthermore, the Government has provided information on the main achievements with regard to the employment of higher level graduates. The Committee invites the Government to continue providing up to date information in its next report on the programmes implemented and progress made in ensuring productive employment for young persons who enter the labour market.

4. Article 3. Participation of the social partners. The Government indicates that the employment policy and programmes implemented are coordinated with the bodies of the central state administration concerned with the productive sector, youth and trade union organizations, and the Cuban Women’s Federation. The Committee reiterates its interest in examining information which will enable it to identify the steps taken to consult the representatives of the persons concerned in relation to the application of the Convention.

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

1. Article 1 of the Convention. Application of an employment policy in the framework of an economic and social policy. The Committee notes the Government’s report for the period ending 31 May 2007 which refers to resolution No. 29 of 12 January 2006 promoting the training and development of human resources in work establishments. The Government indicates that in 2005 a total of 3,600,000 workers were employed in the state sector and 936,000 in the non-state sector. The participation rate of women is 45.6 per cent of the labour force. The Committee requests the Government to indicate in its next report the results achieved by the measures adopted in terms of the creation of productive and lasting employment, and the manner in which it has been possible to raise living standards, meet the needs of workers and resolve the problems of unemployment and underemployment. The Committee also requests the Government to continue providing updated information in its next report on the situation, level and trends of the labour market, with an indication of how they affect particular categories of workers such as women, young persons and workers in the state and non-state sectors.

2. Employment promotion and vulnerable groups.  The Government indicates that special attention is accorded to the vocational integration of those who have recently completed higher education and vocational and technical education, in coordination between the three ministries and the organizations of students and young persons. The Committee requests the Government to provide updated information in its next report on the programmes implemented and the results achieved in ensuring productive employment for young persons entering the labour market.

3. Article 3. Participation of the social partners. The Committee notes that 136,359 persons have permits to be legally engaged in self-employment. It requests the Government to include in its next report updated indications on the contribution of self-employment to the achievement of the objectives of full, productive and freely chosen employment as set out in the Convention. In this respect, the Committee requests the Government to ensure that information is provided in its next report identifying the measures adopted for the consultation of the representatives of the persons affected in relation to the implementation of the objectives of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s report for the period ending in May 2005 in which it provides a copy of the General Industrial Relations Regulations (No. 8/2005 dated 1 March 2005), which endorse full employment and freedom of choice of employment as the principles governing employment policy. The Government indicates that new and significant measures have been taken for the development and extension of social programmes, establishing education as a new element of employment. Emphasis has been placed on programmes for the overall development of young persons and for the mobility of workers who have lost their jobs as a result of the restructuring of the sugar industry. The new strategy for the consolidation of full employment focuses on a continued and progressive decrease in youth unemployment, guaranteed jobs for all persons leaving educational institutions and prisons, the extension of alternative forms of employment for women and the vocational integration of all persons with disabilities who require it. The Committee requests that the Government provide information in its next report on the results achieved by the above programmes in terms of the creation of productive employment.

2. The Government indicates that, by the end of 2004, the unemployment rate had fallen to 1.9 per cent and that it is seeking to create another 150,000 jobs in 2005, continuing the trend, first noted by the Committee in its direct request of 2003, for the unemployment rate to fall. The Committee welcomes this information and once again requests the Government to provide updated data in its next report on the situation, level and trends of employment and underemployment, with an indication of the extent to which they affect particular categories of workers, such as women, young persons and workers in the State sector. In this respect, the Committee notes that self-employed work continues to supplement public employment and that at the end of 2004 there were 166,700 self-employed workers. The Committee reiterates the value of continuing to be provided with up-to-date information on the contribution of self-employed work to the achievement of the objectives of the Convention.

Part V of the report form. The Government indicates that it is maintaining contacts with the ILO Area Office to continue the exchange of experience with employment statistics. The Committee once again expresses interest in being informed of the manner in which labour statistics have been used in the formulation of employment policy measures, within the meaning of Article 2 of the Convention. Please also provide information on any contribution that the Office has been able to make in relation to declaring and pursuing an active employment policy.

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

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s report for the period ending in May 2002 with the additional information pertaining to its direct request of 2001. The Government states that priority continues to be given to access to employment for women and young people, protection of the most vulnerable groups such as persons with disabilities, and the observance of workers’ rights, in line with the ILO’s concept of decent work. Structural changes in enterprises are accompanied by measures to protect those who have had to be relocated in other activities or in training or retraining courses. The Committee also notes the main lines of the active policy to promote full employment, which are set out in the Government’s report sent in May 2003, one of which is the high priority placed on the employment of young people by the employment policy. The Committee would be grateful if the Government would continue to provide information on how it has set about attaining the objectives of full, productive and freely chosen employment, and would indicate how far the difficulties encountered have been overcome.

2. The Committee understands from data published by ECLAC in its Economic survey of Latin America and the Caribbean 2001-2002, that the unemployment rate stood at 4.1 per cent in 2001, having dropped for the sixth consecutive year. According to official calculations, labour productivity increased by 2.3 per cent in the economy as a whole. The Committee would be grateful if in its next report the Government would again provide information on the situation, levels and trends of employment, unemployment and underemployment, specifying the extent to which they affect particular categories of workers such as women, young persons, workers in the public sector and workers in the private sector. It asks the Government in particular to provide information on how young people who have left the national education system have been incorporated in the labour market.

3. The Committee notes the information on the special employment programmes for persons with disabilities, single mothers and women’s employment. With regard to self-employment, the Government states that it has undertaken to supplement certain state jobs in manufacturing and in the provision of services of use to the population and that self-employment constitutes an additional employment option. It would be useful to the Committee to continue to receive updated information on the results achieved by the abovementioned programmes and on the contribution of self-employment to the attainment of the Convention’s objectives.

4. Part V of the report form. The Committee notes with interest that the ILO’s assistance with labour statistics is helping to improve the organization of the Statistics Department of the Ministry of Labour. The Committee would be grateful if the Government would continue to report on the impact of the ILO’s assistance on employment and on how labour statistics have been used as a basis for deciding on the measures of employment policy prescribed in Article 2 of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s report for the period May 1998 to June 2000. The Government indicates that in 1999 total employment in the country showed an increase of 351,400 workers over the previous year, which indicates that employment levels have picked up. The number of women in State jobs continues to grow. High level graduates enter employment by means of two-year training contracts which guarantee a job following that period. According to data published by ECLAC in its Economic Survey of Latin America and the Caribbean 2000-2001, employment grew by 1 per cent in 2000 while the unemployment rate stood at 5.5 per cent; the eastern provinces registered the highest unemployment rates. However, self-employment in the formal sector dropped 5.5 per cent due to greater competition, heightened supervision and the stringent tax regime. The Committee would be grateful if in its next report the Government would provide additional information on the situation, level and trends of unemployment and underemployment, specifying the extent to which they affect particular categories of workers such as women, young people in search of their first job, workers in the state sector and workers in the non-state sector.

2. The Government mentions in its report the special employment programmes for persons with disabilities, the employment programme for single female parents and the programme of comprehensive care for minors with social disadvantages. The Committee would be grateful if the Government would include in its next report information on the impact of the abovementioned programmes.

3. The Committee notes the financial measures, referred to by the Government in its report, which were adopted to attain higher targets in respect of employment (tax advantages for using the labour force, hard-currency subsidies for competitive products, financing of export production and small investments) and would be grateful if the Government would continue to provide information on the impact of such measures on employment.

4. In its report the Government mentions improvement in the employment system involving greater flexibility in existing labour and wage policies. The Committee requests that the Government, in its next report, provide information on the abovementioned improvement and its impact on employment productivity in the enterprises concerned, and the scope of the changes made to the labour and wage policies.

5. Part V of the report form. The Committee notes with interest the information sent by the Government on ILO assistance with the measurement of employment and employment trends, modernization of the employment agency service and a new system for human resources management. The Committee would be grateful if the Government would continue to provide information on the impact of ILO assistance on employment.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the Government's report for the period ending May 1998. The Government indicates that signs of sustained recovery are still present, with growth in GNP at 2.5 per cent in 1995, 7.8 per cent in 1996 and 2.5 per cent in 1997. According to the Government, employment growth was at 1 per cent in 1996 and 1.9 per cent in 1995. The Government also refers to the 1995 assessment of the labour force and the improvement of employment programmes instigated at territorial level. In this connection, the Committee would be grateful if the Government would supply information in its next report on the situation, level and trends in employment, unemployment and underemployment, specifying the extent to which they affect different categories of workers, such as women, young persons seeking first employment, workers who have been made redundant due to structural change (see the requests contained in the report form under Article 1 of the Convention).

2. The Government refers to the 1997 State Budget, which establishes an austere internal financial policy in respect of public spending and wage increases. The Committee would be grateful if the Government would specify in its next report whether these objectives have been attained and to what extent the possible difficulties encountered in attaining employment goals have been overcome.

3. With reference to its observation of 1997, the Committee notes that the total number of workers employed in foreign enterprises, or in joint ventures, at the end of 1997, represented less than 0.5 per cent of the total number of employed. The Committee further noted that self-employment was a means of increasing workers' personal wages besides contributing to the state coffers via payment of the corresponding taxes. The Committee would be grateful if in its next report the Government would continue to provide information on alternative employment arising in the labour market and on any other measures which may have been taken to promote access to employment, in conformity with the Convention.

4. In this connection the Committee notes with interest that, with the technical aid of the ILO multidisciplinary technical advisory team, work is progressing on improving the employment assessment system. The Committee trusts that the Office's assistance will allow fuller promotion of an active policy designed to promote full, productive and freely chosen employment, and that the Government will indicate in its next report the action taken as a result of the assistance received (Part V of the report form).

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

1. The Committee took note of the Government's report for the period ending June 1996. The Government recalls that the circumstances prevailing in the country since the beginning of the decade have had a negative effect on employment. Among the measures adopted to face the labour market difficulties, it refers in particular to the reintegration of the economy into world markets by means of establishing joint ventures or economic associations, developing activities to generate short-term income (tourism, biotechnologies, pharmaceutical industry, food products), and authorizing basic units of cooperative agricultural production and self-employment. The Committee also notes the main investment, productivity and wages goals of the 1996 Plan. It would be grateful if the Government would specify in its next report to what extent these aims have been achieved and what effect they have had on labour market operation.

2. The Committee recalls that in its previous observation, it noted the measures taken to meet the needs of workers made redundant as a result of structural changes, as well as measures to support self-employment. It would be grateful if the Government would provide information on the development of self-employment. It also invites the Government to provide any assessment available of the effect on productive activities of the application of Act No. 73 of 1994 relating to the tax system.

3. The Committee notes the adoption of Act No. 77 of 1995 relating to foreign investments which includes provisions governing labour, free zones and industrial parks. It requests the Government to provide, in its next report, information on the contribution made by foreign investments to the pursuit of the employment aims of the Convention. In addition, the Committee recalls that under Article 1, paragraph 2(c), of the Convention, an active employment policy shall aim to ensure "that there is freedom of choice of employment and the fullest possible opportunity for each worker to qualify for a job for which he is well suited". It feels that it is necessary to emphasize the contribution which must be made by the policy of promoting full, productive and freely chosen employment respecting this essential requirement, which is also enshrined in other Conventions on the fundamental human rights at work (Conventions Nos. 29, 105 and 111). In this respect, the Committee invites the Government to continue to provide detailed information on the way in which education and training policies are coordinated with employment prospects.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's report for the period ending June 1994. The Government states that its principal concern is to reduce under-employment with a view to increasing the effectiveness of the productive system. It states that it has now started the process of finding alternative employment for the surplus workforce, in conformity with the principles of social justice and equity. In addition to the restructuring of the workforce, the Government is seeking to promote the creation of new jobs, particularly jobs which do not require a high level of investment but which serve to provide the population with consumer goods and services. According to the report, the creation of useful jobs gives special priority to the tourism sector, which has the benefit of a substantial investment plan and where foreign capital plays an important role. The Government emphasizes that in the context of the current economic changes it has endeavoured to make its employment policy more flexible. The Committee notes these measures that have been taken with interest.

2. The Committee notes Decision No. 6/94 of 18 August 1994 on the conditions of employment and wages applicable to workers who have become surplus due to structural or institutional adjustments or to the decline in economic activity. These provisions are intended to improve the situation of such workers and to ensure that the state funds allocated to their protection are used in the most effective manner possible. Decision No. 6/94 has regard to alternative employment and skills training or retraining, as well as providing an income guarantee, but does not prevent workers from seeking jobs at their own initiative. Legislative Decree No. 141 of 8 September 1993 is intended to increase the numbers of self-employed persons.

3. In its previous comments, the Committee noted that the context for the application of the Convention was difficult, as confirmed by the information provided by the Government in its report. In order to be able to evaluate the labour market situation, the Committee would be grateful to be provided with the information requested in the report form approved by the Governing Body, including information on the situation, level and trends of employment, under-employment and unemployment. The Committee also hopes that the Government will supply additional information enabling it to assess fully the manner in which the Convention is applied and the employment policy measures decided upon and kept under review within the framework of a coordinated economic and social policy, in accordance with Article 2 of the Convention, with an indication in particular as to whether the measures described have contributed in practice to ensuring that work is as productive as possible. The Committee also recalls, as it has emphasized in its previous observations and in its comments on other basic Conventions, such as Conventions Nos. 29, 105 and 111, that the active employment policy must be aimed at ensuring that there is freedom of choice of employment and the fullest possible opportunity for each worker to qualify for and obtain a job for which he is well suited (Article 1, paragraph 2(c)). The Committee trusts that in its next detailed report on the application of the Convention the Government will supply information and statistics indicating the results obtained in terms of employment through the labour market policy measures and overall or sectoral plans (in sectors such as tourism the pharmaceutical and medical industry, bio-technology, the food programme) to which it refers.

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

1. With reference to its previous comments, in which it noted the comments made by the International Confederation of Free Trade Unions (ICFTU), the Committee notes the Government's report and the discussion in the Conference Committee in June 1992. The Government representatives emphasized that at no time, despite the economic difficulties, had they abandoned the policy of full employment, based on the equality of all workers, without any type of discrimination. The Workers' members stated that there had to be freedom to choose jobs, and also to have opportunities of training and general education to prepare for jobs, without discrimination on grounds of political convictions. The Employers' members subscribed to the statement made by the Workers' members and emphasized that employment policies in Cuba could lead to the belief that it involved forced labour.

2. In its report, the Government indicates that the State guarantees access to employment and education, without discrimination, and attempts to combine individual and social interests. As a consequence of the need to reorganize the Cuban economy and trade, growth of employment has been planned in those activities which can most contribute to the economic recovery of the country. The Food Programme has the objective of achieving self-sufficiency in supplying the population, by increasing the labour force in the rural sector. The Turquino Plan is intended to decrease migration from the mountains to urban areas through a high rate of development of infrastructure, thereby providing new sources of employment and better living conditions. In the tourism sector, in which there are many opportunities for employment, it is planned to make considerable investments and a substantial effort will be required in the field of training and retraining. The fields of biotechnology and the pharmaceutical industry also provide opportunities for the creation of new jobs. The report also refers to the possibility of creating new jobs through foreign investment. By March 1992, it had been possible to relocate 85 per cent of redundant workers, while a slower rise in the active population will decrease pressure on the labour market.

3. The Committee once again notes that the context for the application of the Convention is still difficult and emphasizes that, in accordance with Article 1, paragraph 1, of the Convention, it is important to maintain as a major goal an active policy designed to promote full, productive and freely chosen employment, with the objective of stimulating economic growth and development, raising levels of living and meeting manpower requirements. As it indicated in its observation in 1992, employment policy must also promote the free choice of employment by enabling each worker to train for employment which can subsequently be freely chosen, as set out in Article 1, paragraph 2(c), of the Convention. Taking into account its comments on the application of Conventions Nos. 29, 105 and 111, the Committee requests the Government to supply information, in its next detailed report on the application of Convention No. 122, on the measures which have been taken or are envisaged to give better effect to the above provisions, and to include information on the impact on employment of the Food Programme, the Turquino Plan, and of national and foreign investment. Please also state whether the principal measures of employment policy are kept under review within the framework of a coordinated economic and social policy, in accordance with Article 2.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. With reference to its observation, the Committee asks the Government to provide information in its next report on the workers affected by the measures adopted under Resolution No. 4/91-CETSS, and the results obtained in meeting the objectives of the Convention.

2. The Committee notes that, according to the Government, the lower growth of the population of working age is a demographic factor which is favourable to employment policy. It would be grateful if, in its next report, the Government would provide particulars of how demographic factors are taken into account in pursuing employment policy.

3. The Government refers in its report to the work of the Municipal Labour Departments. The Committee would be grateful if, in its next report, the Government would provide information on the measures taken to satisfy the needs of all categories of persons who frequently encounter difficulties in finding lasting employment, such as certain women, certain young workers, older workers and the long-term unemployed (categories referred to in paragraph 15 of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

4. Part V of the report form. The Committee notes with interest that the information and experience gained through the participation of Cuban representatives in the meetings of employment planners convened by PREALC were considered beneficial. Please indicate whether any specific action has been taken as a result of these exchanges with PREALC.

5. Part VI of the report form. In earlier comments, the Committee noted with interest the statistical information sent by the Government (for example, the Statistical Yearbook of Cuba, 1988). Please continue to provide copies of reports, studies and inquiries, statistical data, etc., concerning employment policy.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its observation of 1991, the Committee took note of a communication from the International Confederation of Free Trade Unions (ICFTU), dated 31 January 1991, which the Office transmitted to the Government in a letter dated 19 February 1991. In the above communication, the ICFTU alleged that effect was not given to the provisions of the Convention guaranteeing free choice of employment and the possibility for all workers to acquire qualifications and use them without discrimination.

2. The Committee takes note of the Government's report for the period ending 30 June 1991. The Government refers to Article 1, paragraph 3, of the Convention which states that employment policy "shall take due account of the stage and level of economic development and the mutual relationships between employment objectives and other economic and social objectives, and shall be pursued by methods that are appropriate to national conditions and practices". The Government states that owing to the present exceptional economic situation it has had to adopt a series of measures to reorganise the economy, designed to promote economic recovery while at the same time maintaining the levels of social development achieved, in health and education for example. The Government indicates that the various measures that have been tried include the adoption, in March 1990, of Resolution No. 4/91-CETSS, approving the Regulation on the employment and wages of redundant workers. The Regulations establish mechanisms for the relocation of workers affected by: (a) a reduction in the supply of fuel or technical and material supplies; (b) structural or institutional changes in the organisation of the State; (c) the elimination of jobs in order to rationalise the use of the workforce. The Government states that the implementation of Resolution No. 4/91-CETSS does not involve any discriminatory measures which would conflict with the objective of leaving no worker unemployed. The offer of new jobs and the relocation of the workers affected involves the administration, the trade unions and the committees established under Resolution No. 18/90-CETSS approving the Regulations on the admission of workers to employment, tenure and promotion, and the selection of trainees. These committees are responsible for evaluating the indicators to be taken into account for the movement of personnel or the admission of new workers.

3. In its previous comments, the Committee referred to Article 1, paragraph 2(b) and (c) of the Convention, which provide that employment policy shall aim at ensuring that work "is as productive as possible", that "there is freedom of choice of employment" and that there is "the fullest possible opportunity for each worker to qualify for, and to use his skills and endowments in a job for which he is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin". In a context in which application of the Convention is difficult, the Committee can but insist that, while guaranteeing that no constraints are placed on persons obliging them to take up employment, employment policy must at the same time promote free choice of employment by enabling each worker to train for employment which can subsequently be freely chosen (paragraph 37 of the General Survey of 1991, Human Resources Development). The Committee repeats the request it made to the Government in 1989 and 1991 to indicate, in its next report, the specific employment policy measures adopted to overcome difficulties encountered in achieving the objectives of full, productive and freely chosen employment.

4. The Committee is addressing a direct request to the Government concerning more specific matters.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the information supplied by the Government in the reports submitted in October 1989 and November 1990. It also takes note of the information contained in the Cuban Statistical Yearbook, 1988.

2. In its previous direct request, the Committee referred to the indicative guideline for the increase in labour productivity which was fixed at between 1 and 1.5 per cent by Act No. 63, the Single Plan for Socio-economic Development of the State for the year 1988. The indicative guideline for 1990 was fixed at between .5 and 1 per cent (section 2 of Act No. 68, the Single Plan for Socio-economic Development of the State for the year 1990). In its report of November 1990, the Government refers to the difficulties, in the present economic circumstances, of maintaining the levels obtained in sectors that are vital for the population, such as education and health, and in making progress in certain branches of economic development. Although labour productivity dropped by 2.6 per cent, three major sectors registered growth in 1989 in relation to the indicative guideline referred to: construction, the construction equipment industry and basic industry. The Committee refers to Article 1, paragraph 2, (b) and (c) of the Convention and requests the Government in its next report to include information on the measures adopted to overcome difficulties encountered in achieving the objectives of full, productive and freely chosen employment.

3. The Committee takes note of the measures provided for in the regulations to implement employment policy in respect of specific categories of workers (sections 5, 7, 26-30, 109-121 and 122-127 of resolution 51/88, of 12 December 1988). The Committee asks the Government to indicate in its next report the results obtained by the above measures which are designed to meet the needs of particular categories of workers.

4. In its November 1990 report, the Government refers to the need for enterprises to maintain flexibility in selecting staff and to the new employment system being implemented on an experimental basis in three provinces. The Government is asked to indicate in its next report the manner in which the flexibility criteria applied and the new employment system have contributed to the attainment of the objectives of the Convention.

5. In its October 1989 report, the Government refers to comprehensive studies on prospective development in the eastern provinces and to the so-called Turquino Plan which covers all the mountainous regions of the country. In its November 1990 report, the Government refers to the levels of manpower shortages in the provinces of Matanzas and Havana. The Committee asks the Government to continue to include information on measures taken to secure balanced regional development, as required in the report form for Article 1 of the Convention.

6. The Committee takes note of the measures adopted by the Government to meet the employment requirements of young workers and demobilised conscripts. The Government is requested to continue to provide information on the results of measures to co-ordinate education and vocational training policies with prospective employment opportunities.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of a communication from the International Federation of Free Trade Unions (ICFTU), dated 31 January 1991, of which a copy was communicated to the Government in a letter dated 19 February 1991.

The ICFTU alleges that effect is not given to the provisions of the Convention guaranteeing free choice of employment and the possibility for all workers to acquire qualifications and use them without discrimination.

The Committee would be grateful if the Government would provide its own observations on the above allegations so that it may examine the substance of the question at its next session.

A direct request concerning certain other points is being sent to the Government.

[The Government is asked to report in detail for the period ending 30 June 1991.]

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

1. The Committee notes the Government's report. The Government has stated that it continues to make considerable progress in the education and health sectors, in addition to obtaining qualitative improvements in the national economy. The Committee notes Act No. 63, the Single Plan for Socio-Economic Development of the State for the year 1988, which was communicated with the report, and which refers to the present "correction process" taking place in the economic activity of the country. The circumstances under which the Plan will be implemented and the material requirements for this make it necessary to make the maximum effort to achieve the planned levels of efficiency in undertakings and, at the same time, impose responsibility for its achievement on each level of management (preambular paragraph 9 of Act No. 63). The indicative guideline for the increase in labour productivity has been fixed at between 1 and 1.5 per cent. In this connection, the Convention provides that an active employment policy should promote not only the availability of freely-chosen employment for all available persons, but also that "such work is as productive as possible" (Article 1, paragraph 2(b), of the Convention). The Committee hopes that the Government will be able to provide detailed information in its next report on the progress achieved in the present correction process during the Single Plan for 1988, or on the measures provided for in revising the Five-Year Plan for 1986-1990 in relation to the measures which have been taken to ensure that work is as productive as possible (see the fourth question in the report form under Article 1).

2. Please describe the measures adopted concerning policies for prices, incomes and wages, and their relationship with employment and employment policy measures (Article 1).

3. In its 1987 observation, the Committee noted the detailed statistical information contained in the 1981 Population and Housing Census which the Government had transmitted. The Committee would be grateful if the Government would again include statistical and other data in its next report, as requested in the second question under Article 1 and Part VI of the report form.

4. Further to the Committee's previous comments, the Government has stated that for determined periods difficulties of a temporary nature have been encountered with young persons who have completed technical education or have been demobilised from military service. The Committee requests the Government to continue providing detailed information on the measures provided for in revising the Five-Year Plan 1986-1990, or which have been adopted within the framework of the plans now in force, to co-ordinate educational and vocational training policies with the creation of employment opportunities. Please indicate also the measures which have been taken or are contemplated to meet the needs of young persons who wish to enter the labour market.