Minimum Age Convention, 1973 (No. 138) - Cuba (Ratification: 1975)

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

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that Article 66 of the Constitution of the Republic, adopted in 2019, prohibits work by children and young persons, and that the State provides special protection for young persons engaged in technical and vocational or other types of training who, in exceptional circumstances set out in the law, are authorized to undertake work with a view to ensuring their overall training and development. It takes due note of the adoption of Legislative Decree No. 44/2021 on the exercise of own-account work, section 3(2) of which permits the engagement on an exceptional basis of young persons of 15 and 16 years of age in own-account work in accordance with the provisions of Act No. 116 issuing the Labour Code, including the prohibition for persons under 18 years of age to perform work in which they are exposed to physical and psychological hazards (section 68 of the Labour Code).

Article 9(1). Sufficiently effective and dissuasive penalties. The Committee notes the adoption of Legislative Decree No. 45/2021 on personal penalties in the exercise of own-account work. Sections 11(1) and 13 of the Decree provide for a financial penalty and the definitive annulation of the project to the exercise of own-account work for any person who employs persons under 15 years of age or young persons of 15 or 16 years of age without the exceptional authorization required by the Labour Code. The Committee requests the Government to indicate whether sections 11(1) and 13 of Legislative Decree No. 45/2021 have been applied in cases of own-account workers who have employed persons under 15 years of age, with an indication of the number of offences detected and the penalties imposed.

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

Article 9(1) of the Convention. Sufficiently dissuasive and effective penalties. The Committee noted previously the adoption of the new Labour Code and its implementing Regulations of 17 June of 2014. It noted that section 224(a) of the Regulations prohibits the employment of young persons under the age of 17, except in cases specifically envisaged by the legislation. The Committee however noted that, under the terms of section 234 of the Regulations giving effect to the Labour Code, the penalty imposed on employers in violation of the Labour Code has been reduced from 6,500 Cuban pesos (CUP) (under the terms of Legislative Decree No. 246 of 29 May 2007) to CUP2,000, which is doubled in the case of a repeat offence. The Committee therefore requested the Government to indicate the manner in which it is ensured that any person in breach of the provisions respecting the employment of young persons under 18 years of age is liable to sufficiently effective and dissuasive penalties.

The Committee notes with interest the Government’s indication in its report that conviction to a fine under section 234 of the Regulations giving effect to the Labour Code is not the sole penalty in the event of violations of the provisions respecting young persons under 18 years of age. The Government indicates that, in the event of violation, section 231 of the Regulations allows the labour inspectorate to directly: (i) issue an injunction for the cessation of any violation; (ii) order the immediate confiscation of equipment and machinery or the closure of the workplace or work centre considered to be hazardous for the safety and health of workers, the population as a whole, or both; and (iii) penalize persons or associations in the private sector. Section 232 of the Regulations specifies that the administrative or disciplinary measures taken by the labour inspection services must be proportionate to the gravity of the offence, that a temporary or permanent suspension of the permit granted to the employer may be ordered by the competent bodies and that penal measures shall be initiated in the event of a fatal accident.

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

Article 9(1). Penalties. In its previous comments, the Committee noted that, under section 32 of Legislative Decree No. 246 of 29 May 2007 concerning worker protection, occupational safety and health and social security, employers who permitted hazardous work to be carried out without adopting safety measures were liable to incur a fine. Under section 17 of the Decree, the fine for such a violation, including violations involving the employment of young persons under 17 years of age, was 500 Cuban pesos (CUP) for natural persons and CUP6,500 for legal entities.

The Committee notes the adoption of the new Labour Code and its accompanying Regulation of 17 June 2014 (Official Gazette No. 29). It further notes that section 224(a) of the Regulation prohibits the employment of young persons under the age of 17 except for work expressly authorized under legislation. The Committee notes, however, that under section 234 of the Regulation to the Labour Code, employers who permit work in violation of the legislation are now liable to incur a fine of CUP2,000 which, if repeated, will be doubled. Noting that the penalty for infractions under the Labour Code has decreased from CUP6,500 for legal entities under Legislative Decree No. 246 of 29 May 2007 to CUP2,000 under the Regulation to the Labour Code, the Committee requests the Government to indicate how it is ensured that any person in breach of the provisions concerning the employment of young persons under 18 years of age are faced with sufficiently effective and dissuasive penalties.

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

Article 3(1) and (2) of the Convention. Determination of hazardous types of work prohibited for young persons under 18 years of age. In its previous comments, the Committee noted with interest that, under section 15(1) of Decision No. 8/2005 of 1 March 2005 issuing general regulations on labour relations, young persons under 18 years of age may not be engaged in work which: exposes them to physical or psychological risks; is performed at night, underground or under water; is performed at dangerous heights or in confined spaces; involves heavy loads; or exposes them to hazardous substances or to conditions of temperature, noise or vibration that are harmful to their health and development. It further noted that, under section 16(2) of the General Labour Relations Regulations, the list of jobs involving risks is drawn up in an appendix to the collective labour agreement. Finally, it noted the Government’s statement that consultations concerning the draft Labour Code were in progress.

The Committee notes with satisfaction the adoption of the new Labour Code and its accompanying Regulation of 17 June 2014, which incorporates under section 68 the list of hazardous work from the General Labour Relations Regulations, as set out above, for all young persons from 15 to 18 years.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(1) and (2) of the Convention. Determination of hazardous types of work prohibited for young persons under 18 years of age. In its previous comments the Committee noted with interest that under section 15(1) of Decision No. 8/2005 of 1 March 2005 issuing general regulations on labour relations (hereinafter: General Labour Relations Regulations), young persons under 18 years of age may not be engaged in work which: exposes them to physical or psychological risks; is performed at night, underground or under water; is performed at dangerous heights or in confined spaces; involves heavy loads; or exposes them to hazardous substances or to conditions of temperature, noise or vibration that are harmful to their health and development. It also noted that, under section 16(1) of the General Labour Relations Regulations, administrations must evaluate jobs, taking into account their nature and conditions, to determine the risks which might endanger the safety, health and morals of young persons under 18 years of age. Furthermore, under section 16(2), the list of jobs involving risks is drawn up in an appendix to the collective labour agreement. The Committee also noted that the provisions of section 15(1) of the General Labour Relations Regulations reproduce those of section 192 of the draft Labour Code.

The Committee notes the Government’s statement that consultations concerning the draft Labour Code are still in progress. It duly notes the Government’s indication that the necessary legislative measures, namely the General Labour Relations Regulations, have been adopted in order to bring the national legislation into conformity with Article 3 of the Convention. The Committee requests the Government to send a copy of the appendix to the collective labour agreement containing the list of jobs which entail risks that may jeopardize the health, safety or morals of young persons under 18 years of age. It also requests the Government to continue to supply information on progress made with regard to the adoption of the draft Labour Code.

Article 9(1). Penalties. In its previous comments the Committee noted that, although section 15(1) of the General Labour Relations Regulations prohibits the employment of young persons under 18 years of age in hazardous work, no penalties have been laid down for violations of this provision.

The Committee notes the Government’s statement that, as regards the application of the General Labour Relations Regulations, the internal regulations of the National Labour Inspection Office state that labour inspectors have the task of verifying that no young person under 18 years of age is assigned to jobs which entail risks, in accordance with the appendix to the collective labour agreement. It also notes that, under section 32 of Legislative Decree No. 246 of 29 May 2007 concerning worker protection, occupational safety and health and social security, allowing work that entails occupational risks to be carried out without adopting measures to ensure the safety of workers constitutes a violation which is liable to incur a fine. According to the information contained in the Government’s report, this provision also applies to special protection measures relating to the health, safety and morals of young persons under 18 years of age, as provided for in the national legislation. The Committee therefore requests the Government to supply information on the application of these penalties in practice for violations of the provisions of section 15 of the General Labour Relations Regulations, including the number and nature of reported violations and the sanctions imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, paragraphs 1 and 2, of the Convention. Determination of hazardous types of work prohibited for young persons under 18 years of age.  In its previous comments, the Committee noted that, although the provisions of section 225 of the Labour Code prohibit young persons under 18 years of age from carrying out certain hazardous work, the scope of this provision is not sufficiently broad to cover all types of hazardous employment or work within the meaning of the Convention. The Committee however noted that, under section 192 of the draft Labour Code, young persons under 18 years of age may not be engaged in work which: exposes them to physical and psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to hazardous substances or conditions of temperature, noise or vibration harmful to their health and development.

The Committee also noted with interest that, under section 15(1) of Resolution No. 8/2005 issuing general regulations on labour relations of 1 March 2005 (hereinafter the General Labour Relations Regulations), young persons under 18 years of age may not be engaged in work which: exposes them to physical or psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to hazardous substances or to conditions of temperature, noise or vibration harmful to their health and development. In this respect, the Government indicated that section 15(1) of the General Labour Relations Regulations reiterates the provisions of section 192 of the draft Labour Code. It added that employers’ and workers’ organizations, as well as the central state bodies, were examining the draft Labour Code. The Committee notes the Government’s indication that consultations are still being held concerning the draft Labour Code. The Committee once again hopes that the draft Labour Code will be adopted in the near future and requests the Government to provide information in this respect.

Article 9, paragraph 1. Penalties. The Committee noted that, although section 15(1) of the General Labour Relations Regulations prohibits the employment of young persons under 18 years of age on hazardous work, it does not establish penalties for the violation of these provisions. It requested the Government to indicate whether any violations of the provisions of section 15(1) of the Regulations had been reported by the labour inspectorate and, if so, to indicate the penalties served and the legal basis for such penalties. The Committee notes the adoption of Resolution No. 20/2007 issuing regulations respecting the national labour inspection system (hereinafter National Labour Inspection System Regulations). It also notes the information provided by the Government that, under sections 14 and 15 of the National Labour Inspection System Regulations, labour inspectors have to take the necessary measures where violations or situations contrary to the legislation are identified. Furthermore, under section 16 of the Regulations, the notification to the administration and the person found by the inspection to be in contravention of the labour legislation shall set out the requirement to take measures for the immediate rectification of the situation, without prejudice to penal or administrative liability.

The Committee also notes the Government’s indication that no infringement of section 15(1) of the General Labour Relations Regulations was observed during the labour inspections carried out in 2007. The Committee however reminds the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. It observes in this respect that, to be in a position to take the necessary measures in the event that an infringement of the legislation is identified, including the imposition of penalties, it is necessary for penalties to be established in the legislation. The Committee therefore requests the Government to take the necessary measures to determine in the national legislation the penalties envisaged in the event of violations of section 15(1) of the General Labour Relations Regulations. It requests it to provide information in this respect.

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

Article 3, paragraphs 1 and 2, of the Convention. Determination of types of hazardous work prohibited to young persons under 18 years of age. In its previous comments, the Committee noted that, although the provisions of section 225 of the Labour Code prohibit young persons under 18 years of age from carrying out certain hazardous work, namely underground work or work involving the handling of substances entailing health risks, the scope of these provisions is not sufficiently wide to cover all types of hazardous employment or work within the meaning of the Convention. The Committee noted that section 192 of the draft Labour Code prohibits young persons under 18 years of age from being employed in work which exposes them to physical and psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to dangerous substances or in conditions of temperature, noise or vibration harmful to their health and development. It noted that section 192 of the draft Code gives effect to Article 3, paragraphs 1 and 2, of the Convention and expressed the hope that the new Labour Code would be adopted in the near future.

The Committee notes with interest the information supplied by the Government to the effect that, under section 15(1) of resolution No. 8/2005 of 1 March 2005 issuing a general regulation on labour relations (hereafter general regulation on labour relations), young persons under the age of 18 years must not be employed in work which exposes them to physical or psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to dangerous substances or to conditions of temperature, noise or vibration harmful to their health and development. It also notes that, under paragraph 2 of section 15 of the regulation, the administration of the work unit is required, before allowing employment of a minor under 18 years of age, to make him or her undergo a medical examination and obtain a certificate of health. Furthermore, under section 16(1) of the general regulation on labour relations, administrations must assess employment, taking into account its nature and conditions, to determine the risks which might endanger the safety, health and morality of young persons under 18 years of age. Under paragraph 2 of section 16, the list of jobs involving risks is laid down in an annex to the collective labour Convention. The Committee notes the Government’s indication that the provisions of section 15(1) of the regulation reiterate those of section 192 of the draft Labour Code. It also notes the Government’s indication that organizations of employers and workers, as well as the central state bodies, are currently studying the draft Labour Code. The Committee hopes that the draft Code will be adopted in the near future and requests the Government to supply information on this matter.

Article 9, paragraph 1. Penalties. The Committee notes that, although the provisions of section 15(1) of the general regulation on labour relations prohibits the employment of young persons under 18 years of age in hazardous work, the general regulation provides no penalties in the event of violation of these provisions. It reminds the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. On this score, the Committee notes the Government’s information that the labour inspectorate is responsible for supervision of application of labour and social security legislation in order to ensure the effective application of the provisions of the Convention. The Committee requests the Government to indicate whether any violation of the provisions of section 15(1) of the regulation have been reported by the labour inspectorate and, if so, to indicate the penalties that have been served and on what legal basis.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report, particularly concerning the education system in the country.

Article 3, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that section 225 of the Labour Code prohibits the admission of persons under 18 years of age to certain types of hazardous employment, namely underground work or work involving the handling of substances which may harm their health. It noted that the scope of this provision is not sufficiently broad to cover all the types of employment or work likely to jeopardize the health, safety or morals of young persons, as required by the Convention. The Committee notes that section 192 of the draft Labour Code prohibits young persons under 18 years of age from being occupied in work which: exposes them to physical and psychological maltreatment; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; is performed with heavy loads; or exposes young people to dangerous substances, or to temperatures, noise or vibrations which are harmful to their health and development. The Committee notes that section 192 of the draft Labour Code gives effect to Article 3, paragraphs 1 and 2, of the Convention. It notes the Government’s indication that before the draft Labour Code is submitted to Parliament for approval, it will be the subject of a second round of consultations with employers’ and workers’ organizations. The Committee also notes that the Government expresses willingness to comply with its comments in order to give effect to the Convention. The Committee hopes that the new Labour Code will be adopted soon and asks the Government to keep the Office informed of any progress made in this respect.

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

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

Article 3, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that section 225 of the Labour Code prohibits the admission of persons under 18 years of age to certain types of hazardous employment, namely underground work or work involving the handling of substances which may harm their health. It noted that the scope of this provision is not sufficiently broad to cover all the types of employment or work likely to jeopardize the health, safety or morals of young persons, as required by the Convention. The Committee notes the information provided by the Government in its report, according to which the health, safety and morals of young persons, as well as general and specific instruction and training in the corresponding branches of activity, in accordance with the principles of the Convention, are adequately protected in both law and practice. Sections 225 and 12 of the Labour Code, and supplementary provisions respecting workers’ technical training, comply with the essential objectives of the Convention. The Committee also notes that a revision of the Labour Code should take into account the comments made. In this respect, a preliminary draft text, which was submitted to the XVIIth Congress of the Workers’ Central of Cuba, will be submitted to the workers’ assemblies convened by national trade unions with a view to obtaining the opinion of each central organization, before its submission to Parliament for approval. The Committee hopes that, in the context of this legislative reform, the Government will take the necessary measures to ensure that persons under 18 years of age are prohibited from performing all types of unhealthy and hazardous work, including types of work which are likely to jeopardize their morals. It also requests the Government to keep it informed of any progress achieved in this respect.

Part V of the report form. The Committee notes with interest the information provided by the Government, including the statistics concerning the education system in the country.

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

The Committee notes the information provided by the Government. In particular, it notes with interest the detailed information concerning the educational system and the programmes for the protection of children and young persons in the country. It also notes Legislative Decree No. 174 of 9 June 1997 respecting violations of the regulations governing self-employment.

Article 3, paragraphs 1 and 2, of the Convention.  The Committee recalls that, in accordance with section 225 of the Labour Code, the employment of young persons under 18 years of age is prohibited in certain types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardize their health or safety (for example, underground work or work which involves the handling of substances which may affect their health). The Committee recalls that, according to the information provided by the Government, by virtue of this section of the Labour Code, the labour authorities, after consulting the trade unions, may determine the minimum age of 18 years for admission to work in activities which may jeopardize the development of young persons under 18 years of age (for example, engagement in vessels in the merchant navy in Cuba, the handling of cranes, and certain activities carried out using agricultural machinery). The Committee noted previously that the Government would take into account on the occasion of a possible revision of the Labour Code the comments made by the Committee concerning the application of this Article of the Convention. The Committee requests the Government to provide any information which it considers relevant concerning the process of the revision of the Labour Code, and particularly on the measures adopted to give effect to the Convention with regard to the prohibition of certain types of unhealthy or hazardous work for persons under 18 years of age, including work which is likely to jeopardize their morals.

Part V of the report form.  The Committee notes the interesting information concerning the protective measures for young persons reported by the Government and requests the Government to continue providing information on the application of the Convention in practice.

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

The Committee notes the information provided by the Government in its report, in particular, concerning Article 3, paragraph 3, of the Convention. It asks the Government to submit further information on the following points.

Article 2 of the Convention. The Committee notes the information on the legislation regarding the engagement in work on one's own account (Legislative Decree No. 141 of 8 September 1993 and Joint Resolution No. 1 (Ministry of Labour and Social Security and of Finance and Prices)). It requests the Government to specify the provision which prohibits the work of minors in this respect, and also to supply information of the application of such provision in practice.

Article 3, paragraphs 1 and 2. In its previous comment, the Committee hoped that the Government would review the content of section 225 of the Labour Code so as to prohibit the employment of persons under the age of 18 years on all types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardise their health, safety or morals, as is the case in practice. The Committee notes the Government's repeated indication in its report that section 225 already has this effect and that the labour authorities, after consultation with trade unions, could establish, by virtue of this provision, the minimum age of 18 years for work likely to jeopardise the development of the persons under the age of 18 years, for example, for the enrolment in the Cuban marine merchant ships, work with cranes, and certain activities with machines in agriculture. The Committee notes the Government's statement in its report that this comment made by the Committee will be taken into account on the occasion of a possible revision of the Labour Code. The Committee again expresses its hope that such revision will take place in the near future and that the Government will not fail to supply information on any progress made on this point. In the meantime, it asks the Government to supply copies of any regulations or decisions made under sections 224 or 225 regarding the prohibition of particular types of dangerous work for persons under 18 years of age, including those which may jeopardize their morals.

Point V of the report form. The Committee notes the Government's indication that no violation of the legislative provisions relating to the Convention is reported by the Directorate of Inspection and Protection of Labour. Moreover, it also notes that the school enrolment rate of children aged between 6 and 11 (up to this age, schooling is compulsory) is 100 per cent, that of those aged between 12 and 14 is 94.1 per cent. It requests the Government to continue to supply information on the application in practice of the Convention, including, for instance, statistical data, extracts from official reports, and the number and nature of contraventions reported. The Committee asks the Government to include information on the application in practice of national legislation giving effect to Article 3 concerning the prohibition for persons under 18 years of age of types of work which may jeopardize their health, safety or morals.

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

With reference to its general observation (November-December 1995), the Committee notes with interest the detailed information supplied by the Government on the education system, economic and social measures, including the "Programme of Integral Attention to Minors in Social Disadvantage". The Committee requests the Government to continue to supply information on various social measures taken in so far as they have been bearing on the application of the Convention.

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

The Committee notes the information supplied by the Government in its last report in reply to the Committee's previous comments.

Article 3, paragraph 1, of the Convention. The Committee recalls that in its earlier comments it pointed out that section 225 of the Labour Code prohibits the employment of young persons under the age of 18 years only on work underground or work handling substances that may affect their general health or development and that such provision is not broad enough to cover all types of employment or work likely to jeopardise the health, safety or morals of young persons, as required by the Convention. In its reply, the Government indicates that in practice section 225 of the Code is used to prohibit other types of jobs likely to jeopardise the health, safety or morals of young persons. The Committee therefore hopes that the Government will be able to reflect this practice by revising accordingly the content of section 225 of the Labour Code so as to prohibit the employment of persons under the age of 18 years on all types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardise their health, safety or morals.

Article 3, paragraph 3. The Committee notes the information supplied by the Government which does not indicate, however, the specific measures taken or envisaged to ensure the health, safety and morals of young persons under the age of 17 years employed on certain dangerous or arduous jobs. Please indicate also whether such persons have received adequate specific instruction or vocational training in the relevant branch of activity.

Point V of the report form. The Committee requests the Government to supply the information on the practical application of legislation giving effect to the Convention, including statistics on the inspections made, the violations noted and the sanctions imposed, as called for in this point of the report form.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes with interest that the Labour Code of 28 December 1984 has raised the normal minimum age for admission to employment from 15 to 17. The Government may also wish to consider raising the minimum age which was specified in ratifying the Convention, under Article 2, paragraph 3, of the Convention and informing the Director-General of the ILO accordingly, as provided for in paragraph 2 of Article 2.

The Committee requests the Government in its next report to provide additional information on the following points:

Article 3, paragraph 1, of the Convention. The Committee notes that the only types of employment or work for which the Labour Code fixes a minimum age of 18 years are underground work and work entailing handling substances that may affect general health or development. Please indicate whether measures have been taken or are envisaged to fix a minimum age of 18 for other types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardise the health, safety or morals of young persons, in order to give full effect to Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Please indicate the measures which have been taken in accordance with Article 3, paragraph 2, of the Convention to determine the substances the handling of which is prohibited to young persons under 18, in pursuance of section 225 of the Labour Code.

Article 3, paragraph 3. The Committee also notes that section 224 of the Labour Code forbids the employment of young persons below 17 years of age on certain dangerous or arduous jobs. Please indicate the measures which have been taken or envisaged to ensure that the health, safety and morals of those young persons are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity, as required by paragraph 3 of Article 3.