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

Cuba

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1954)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (Ratification: 1952)

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.