Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Cuba (Ratification: 1954)

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)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments the Committee noted that, even though section 15 of Decision No. 8/2005 of 1 March 2005 issuing the general regulations on labour relations 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 notes the Government’s indication that the prohibition of night work for children and young persons under 18 years of age applies to all types of night work and does not involve a set period of time. However, the Committee again reminds the Government that, under the terms of Article 3(1) of the Convention, young persons under 18 years of age must have a rest period at night of at least 12 consecutive hours, which shall include the interval between 10 p.m. and 6 a.m. The Committee requests the Government to take the necessary measures to bring the legislation into conformity with the Convention, 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. It requests the Government to keep it informed of any progress made in this respect.

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

Article 3(1) of the Convention. Period during which night work is prohibited. In the comments it has been making for several years, the Committee refers to section 224 of Act No. 49 of 28 December 1984 issuing the Labour Code and sections 128 and 129 of the General Regulations of the Occupational Protection and Health Act under which night work is prohibited between 10 p.m. and 6 a.m. for young persons under 16 years of age. The Committee noted that these provisions were not in conformity with Article 3(1) of the Convention which provides that young people under 18 years of age shall not be employed nor work at night during a period of at least 12 consecutive hours, including the interval between 10 p.m. and 6 a.m. The Committee also noted the Government’s information that it would make the necessary amendments to these provisions during any revision of labour legislation.

The Committee notes with interest the Government’s indication that section 15 of resolution No. 8/2005 issuing the General regulations on labour relations of 1 March 2005 (hereafter General regulations on labour relations) prohibits night work for young persons under 18 years of age. The Committee observes, however, that although the provisions of section 15 of the General regulations on labour relations prohibit night work for young persons under 18 years of age, they do not provide for the period during which night work is prohibited, namely 12 consecutive hours. The Committee notes the Government’s information that the provisions on children’s work included in the General regulations on labour relations repeat those included in the draft Labour Code. In fact, the Committee notes that pursuant to section 192 of the draft Labour Code, young persons under 18 years of age may not be employed in work carried out at night. The Committee also notes the Government’s indication that employers’ and workers’ organizations, as well as the state central administration bodies, are currently studying the draft Labour Code.

The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, young persons under 18 years of age must have a rest period at night of at least 12 consecutive hours, which shall include the interval between 10 p.m. and 6 a.m. The Committee expresses the hope that, during the revision of the Labour Code, measures will be taken to give full effect to the provisions of Article 3(1) of the Convention by providing a prohibition on night work for children under the age of 18 years for a period of at least 12 consecutive hours.

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

The Committee notes the information communicated by the Government in its report and further notes the Government’s indication that the Labour Code is at present under review.

Article 3(1) of the Convention.  In comments that it has now formulated for several years, the Committee referred to section 224 of the Labour Code and to sections 128 and 129 of the General Regulations of the Act respecting Protection and Hygiene at Work. These sections provide that night work is forbidden from 10 p.m. to 6 a.m. for young persons of less than 16 years. The Committee recalled that these provisions were not in conformity with the Convention, which provides for a rest period 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 noted the Government’s statement that it had taken note of this omission, which related to the General Regulations of the Act respecting Protection and Hygiene at Work, and that it would add the necessary specifications when the above provisions were revised. The Committee hopes that the Government will do its utmost to take the measures needed to bring the legislation into conformity with the Convention on this point during the revision of the Labour Code, and requests the Government to inform it of the results of this revision.

The Committee takes note of Legislative Decree No. 147 of 9 June 1997, and requests the Government to send a copy to the Office.

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

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)

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.