Observación (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre las plantaciones, 1958 (núm. 110) - Cuba (Ratificación : 1958)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations formulated by the Independent Trade Union Association of Cuba (ASIC) of 28 August 2018. It also notes the Government’s response to those, received on 22 November 2018, and reproduced in the supplementary report received this year.

Part IV. Wages. Articles 24 to 35. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given to these provisions of the Convention, which contemplate the establishment of procedures and mechanisms to fix and ensure minimum wages for plantation workers. The Committee notes the Government’s indication that in Cuba the minimum wage is fixed by legal provision, and is established in line with the level of economic and social development, further to the opinion of the corresponding organizations. The Government refers, inter alia, to section 109 of the Labour Code, promulgated through Act No. 116 of 20 December 2013, which establishes the elements constituting the wage. In addition, the Government refers to section 126 of the Labour Code Regulations, promulgated through Decree No. 326 of 12 June 2014, which, when read together with section 113 of the Labour Code, establishes the wage system and provides that the minimum wage must correspond with the wage of the first degree of labour complexity on the wage scale. The Government also refers to various payment methods available, such as pay for performance, which aims to increase labour productivity, and pay for time, where the wage is paid in accordance with the time worked. The Government adds that, according to the National Statistics and Information Office, in 2017 the average monthly wage in State bodies in agricultural, farming and forestry activities was 834 pesos. The Committee recalls its previous comments on the Minimum Wage Fixing Convention, 1970 (No. 131), in which it noted that that Article 4(2) of that Convention provides for the consultation, in connection with the operation of the minimum wage-fixing machinery, of both the representative organizations of workers concerned and of employers or, where no such organizations exist, representatives of the workers and employers concerned. Likewise, Article 24 of Convention No. 110 provides specifically for consultation with the social partners in fixing the minimum wage in the plantations sector. The Committee requests the Government to provide detailed and updated information on the manner in which the representatives of the relevant workers’ and employers’ organizations were consulted in the context of the determination of the minimum wage, as required under Article 24 of the Convention. The Committee also requests the Government to provide information on the manner in which it is ensured that workers in the plantations sector receive at least the established minimum wage, including information on the number and outcomes of the inspections conducted relating to payment of the minimum wage in plantations.

Part V of the Convention (annual holidays with pay). Articles 36 to 42. In its previous comments, the Committee noted that section 107 of the Labour Code, allows for the employer to require the presence of the worker in exceptional circumstances, and allows for the employer to postpone or reduce the worker’s holidays and to pay him or her the reduced proportion of the accumulated holidays. In this respect, the Committee requested the Government to indicate the manner in which it is ensured that this section of the Labour Code gives full expression to Article 41 of the Convention, which provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. The Committee notes the Government’s indication that section 107 of the Labour Code sets forth that any postponement of holidays is exceptional as provided for in Article 41 and is not systematic. Referring to the emergence of “exceptional” circumstances, the Government indicates that this does not imply a regular occurrence, but only those circumstances that directly or decisively affect the performance of a task assigned to the worker that cannot be postponed. The Government adds that the law stipulates that upon expiry of the cumulated holiday period, enjoyment of the holiday can be postponed, which does not mean that the accumulated holidays will not be granted. The Government also indicates that, if it is agreed to simultaneously pay the accumulated holidays and the wages for the work performed, guaranteeing an effective period of leave of at least seven days in the year, this does not exclude longer periods being granted during the year. The Committee reiterates that Article 41 of the Convention provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. It therefore requests the Government to take the necessary measures to give full effect to Article 41 of the Convention.

Parts IX and X (right to organize and collective bargaining –freedom of association). Articles 54 to 70. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure that workers in plantations do not suffer discrimination or prejudice in their employment for having peacefully exercised the right to strike, as well as information on the exercise of this right in practice. It also requested the Government to provide statistical data on the number of collective agreements concluded in plantations, with an indication of the sectors of activity and the numbers of workers covered. In its reply, the Government indicates that the agricultural sector includes: (i) the National Association of Small Farmers (ANAP), which is the grass-roots association for members of cooperatives, farmers and their families; and (ii) the Cuban Association of Agricultural and Forestry Technicians (ACTAF), which comprises forestry and livestock technicians and professionals. The Government also indicates that there is no law or legal provision in the country prohibiting the right to strike. It adds that, while there is no legal text regulating the right to strike, provisions are in place protecting the right to equality at work without discrimination whatsoever. Lastly, the Committee notes the statistical data provided by the Government, which indicates that, in 2018, the number of state sector workers who were affiliated with the agricultural, forestry and tobacco workers’ trade union stood at 307,469 and the number of non-state workers affiliated was 17,122. The Committee also notes that a total of 273,867 workers are protected by collective work agreements and that 7,159 collective agreements are in force, covering more than 2,800,000 workers. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure in practice that plantation workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. It also requests the Government to continue providing statistical information on the number of collective agreements concluded in the area of plantations, indicating the number of workers covered.

Part XI (labour inspection). Articles 71 to 84. In its previous comments, the Committee noted the observations of ASIC, in which it denounced alleged cases of prisoners subjected to forced labour in plantations, and cases of child labour during school holidays. ASIC also denounced the employment of secondary school students in state farms during the harvest period, who are not paid for their work, but receive academic credits and a favourable recommendation for entry into university. The Committee notes the Government’s reply to ASIC’s observations. The Government indicates that the National Inspection Office has not identified any cases of forced labour in agriculture and that the Public Welfare Office at the Ministry of Labour and Social Security has not received complaints or reports in this respect. With regard to work performed by prisoners, the Government indicates that such persons are not victims of forced labour, since their involvement in work is essentially voluntary and, in addition, they enjoy the labour and social security rights established in the legal framework. The Committee notes, however, that the Government has not provided specific information on the number, age, and type and conditions of work of the prisoners and of the secondary school students who work in the plantations during the harvest period. Furthermore, the Government indicates that section 2(d) of the Labour Code sets out the prohibition of child labour and the special protection of young people between the ages of 15 and 18 who enter the workforce, in order to ensure their full development. The Government adds that, within the framework of the basic secondary education system, there are plans to establish a foundation for the allocation of time for occupational training, aimed at developing values such as application, community and responsibility in students, and enabling the provision of activities of the vocational training and occupational guidance process. In this respect, the Committee requested the Government to provide detailed information on the number of prisoners and secondary school students who work in state farms, disaggregated by age and type of work. The Committee also requested the Government to indicate the manner in which they are compensated, as well as their conditions of work, and the manner in which it is ensured that the students have the freedom to choose whether or not to work. It also requested the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers. The Committee notes the statistical information provided by the Government on the number of labour inspections conducted in the agricultural sector and the violations identified during these inspections. In particular, the Government indicates that, in 2018, the National Labour Inspection Office conducted 141 inspections, in which it detected 898 violations, 347 of those relating to occupational safety and health. According to the Government, the principal violations detected consisted of the failure to guarantee safe and healthy conditions for workers and the violation of rules respecting the provision of personal protective equipment. The Committee therefore requests the Government to indicate the manner in which the Labour Inspectorate monitors and ensures that the activities of the vocational training and occupational guidance process in the plantations comply with Article 6 of the Minimum Age Convention, 1973 (No. 138). The Committee also once again requests the Government to provide detailed information on the number, age, type and conditions of work, compensation, and the manner in which it is ensured that the secondary school students and prisoners who work in the plantations have the freedom to choose whether or not to work. Lastly, the Committee requests the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers, particularly on the inspections conducted in the plantations, violations of the labour legislation identified and the penalties imposed.

Part IV of the report form. Application in practice. The Committee notes that the Government has not provided information concerning the application in practice of the Convention. The Committee therefore reiterates its request to the Government to provide detailed and up-to-date information on the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistical data, disaggregated by sex and age, on the number of plantations and workers to whom the Convention applies; (iii) copies of the collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations established in the plantations sector, and any other information which enables the Committee to assess the situation of workers in plantations in relation to the provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]