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

Migration for Employment Convention (Revised), 1949 (No. 97) - Cuba (Ratification: 1952)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that there are no flows of immigrants in Cuba. It also notes that, according to a National Office of Statistics and Information (ONEI) publication entitled “The Demographic Yearbook of Cuba, 2016”, 24,684 persons emigrated in 2015 (12,113 men and 12,571 women) and 17,251 persons emigrated in 2016 (8,793 men and 8,458 women). The Government indicates that in 2016, within the framework of following up migration agreements, talks on migration were held with Antigua and Barbuda, Bahamas, Canada, Colombia, Ecuador, Guyana, Honduras, Panama, Switzerland and Bolivarian Republic of Venezuela. It adds that, in January 2017, Cuba and the United States concluded a migration agreement. The Committee requests the Government to continue providing information on the application in practice of the provisions concerning migration, and particularly the impact on workers who have chosen to work abroad. The Committee also requests the Government to provide statistical information disaggregated by the destination, activity and gender of workers located abroad and temporary or permanent foreign workers in the country, including those who provide services in accordance with the arrangements set out in Act No. 118 of 29 March 2014, the Foreign Investment Act. The Committee also requests the Government to provide copies of agreements concluded with other States relating to national workers who work abroad and foreign workers who reside and work in the country.

Article 2. Adequate and free service. The Committee notes the information provided by the Government regarding consular offices abroad. The Committee recalls that, under Article 2 of the Convention, member States are under the obligation either to provide or fund the provision of free information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, intervene to supplement them (see Promoting a fair migration, General Survey, 2016, paragraph 228). The Committee requests the Government to indicate whether there is a free service to assist and provide accurate information to workers who decide to migrate for employment. If such a service exists, the Committee requests the Government to specify the types of service and information that it provides, including services specifically for women migrant workers.

Article 6. Equal treatment. The Committee notes the information provided by the Government in reply to its request for information on the implementation of the legal provisions to which it referred in its previous report, such as the repeal of Resolution No. 8 of 1 March 2005 of the Ministry of Labour and Social Security, containing the General Regulations on Labour Relations, and the adoption of Act No. 116 of 20 December 2013 issuing the Labour Code and Decree No. 326 of 12 June 2014 issuing regulations under the Labour Code. The Committee notes that section 4 of the Labour Code “regulates the labour relations established between employers based in the national territory and nationals or foreign nationals with permanent residency in the country, giving effect to the rights and mutual responsibilities of the parties”. Section 8 of the Labour Code provides that “in relation to foreign investment arrangements, subsidiaries and agents of foreign commercial enterprises located in Cuba shall comply in labour matters with the provisions of this Code and its supplementary legislation, with the specific adaptations set out in the Foreign Investment Act and the legal provisions for such purposes”. Under section 28(1) of the Foreign Investment Act, “workers who provide services in activities corresponding to foreign investment shall in general be Cuban or foreign nationals permanently resident in the Republic of Cuba”. The Committee notes that section 28(2) of the Foreign Investment Act provides that “nevertheless, the management and administration bodies of joint ventures or enterprises funded fully by foreign capital or parties to international economic association agreements may decide that certain senior executive positions or technical posts shall be performed by persons who are not permanent residents in the country and in these cases shall determine the labour rules to be applied and the rights and obligations of these workers”. The Committee requests the Government to report on the manner in which the application of Article 6(1)(a)–(d) of the Convention is ensured in relation to temporarily resident foreign workers. It also requests the Government to provide information on the measures adopted by the labour inspectorate and the judicial authorities in the case of non-compliance with the national legislation which gives effect to Article 6.

Article 9. Remittances. The Committee notes that section 9(2) of the Foreign Investment Act provides that “Foreign persons who provide services to a joint venture, to parties in any other form of international economic association or to an enterprise funded totally by foreign capital, provided that they are not permanent residents in the Republic of Cuba, have the right to transfer their earnings abroad, within the amount decided by the Central Bank of Cuba and in conformity with the Bank’s other regulations”. Paragraph 1 of Resolution No. 47/2014 of 18 April 2014, of the Minister President of the Central Bank of Cuba, provides that these persons “may at their convenience, remit abroad up to 66 per cent of the earnings they receive in the national territory”. The Committee recalls that Article 9 applies to all migrant workers, irrespective of the period of time they remain in the host country. The Committee requests the Government to indicate the reasons why Resolution No. 47/2014 only covers temporary residents and limits the percentage of their earnings which may be sent as remittances.

Annexes I and II. Private employment agencies. The Committee notes the Government’s reiteration that there are no private employment agencies in reply to its previous request regarding the possible emergence of such agencies in the country and any plans to regulate their activities.