Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 30) sur la durée du travail (commerce et bureaux), 1930 - Cuba (Ratification: 1936)

Article 3 of the Convention. Weekly hours of work. The Committee notes that, under section 67 of the Labour Code, the length of the normal working day is eight hours and the average normal working week is 44 hours. It also notes that the Labour Code does not define a reference period on the basis of which the length of the average working week may be calculated. Nor does the Code lay down an absolute limit on the length of the working week. The Committee recalls that Article 3 of the Convention sets the maximum length of the working week at 48 hours. Calculation of the average working week with the 48-hour limit exceeded in certain weeks is only permitted in the exceptional cases referred to in Article 6 of the Convention. Hence the Committee is bound to conclude that section 67 of the Labour Code, which permits the averaging of weekly hours of work without any restriction, is not in line with the provisions of the Convention. The Committee trusts that the Government will soon take the necessary steps to amend its legislation to allow the 48-hour working week to be exceeded, in the context of averaging of the weekly hours of work, only in the exceptional circumstances laid down by the Convention. It requests the Government to supply information on any further developments in this regard.

The Committee is also addressing a direct request to the Government with regard to a number of other points.