Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Cuba (Ratification: 1952)

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC), received on 1 September 2016, which refer to the impossibility of individual or collective bargaining in the Mariel Special Development Zone (ZEDM) as set out in Act No. 118 on foreign investment of 29 March 2014 and the decrees establishing and regulating that ZEDM. The Committee notes that, in reply to these observations, the Government indicates that ZEDM workers have the right, in the same way as other Cuban workers in other areas, to join a trade union and to collective bargaining, and that they exercise those rights fully. The Government adds that trade union organizations have existed since the creation of the Zone, at all levels grouped into chapters, intermediate level organizations and a general organization in the various economic branches, which address the workers’ claims and actively participate in collective bargaining. There are also collective labour agreements and disciplinary rules, which are reviewed and approved in workers’ meetings. In addition, the labour justice bodies are established. The Government adds that these entities are not excluded from the scope of labour inspection. The Committee requests the Government to provide examples of collective agreements concluded in the ZEDM.

The Committee welcomes the adoption of Act No. 116 of 2013, containing the new Labour Code, and Decree No. 236, containing the regulations of the Labour Code.

Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls that for several years it has been referring to the need either to repeal or to amend various provisions of Legislative Decree No. 229 of 1 April 2009 on collective labour agreements to bring them into line with the Convention. The Committee notes with satisfaction that, according to the Government, with the entry into force of the new Labour Code, Legislative Decree No. 229 and its regulations, and Resolution No. 78 of 25 November 2008 of the Ministry of Labour were repealed. The Committee notes that chapter XIV of the new Labour Code contains provisions on collective labour agreements and notes that, with respect to the comments it has been making for some years:

• -section 187 of the new Labour Code provides that in the case of disputes which arise during the process of the formulation, amendment or revision of a collective labour agreement, or concerning the interpretation of its provisions or failure to comply with its clauses, the parties may agree, after the conciliation procedure has been exhausted, to submit the case for arbitration. The Government indicates that, therefore, arbitration is not binding but is instead an agreement between the parties;
• -the new Labour Code does not contain references to specific trade unions;
• -the new Labour Code does not contain any reference to the National Labour Inspection Office as responsible for approving the conclusion of collective labour agreements.

In addition, the Committee notes that the regulations of the Labour Code provide that disputes between parties may be referred to the National Labour Inspection Office for arbitration. In this respect, the Government indicates that the Office has not settled any disputes of this kind.

The Committee also notes that, according to the Government, prior to the entry into force of the new Labour Code, a number of training sessions were conducted on collective bargaining and that, as a result of those, some 7,000 collective labour agreements were adopted. The Committee notes that collective labour agreements in the country cover around 3 million public employees. The Committee requests the Government to provide information on the number of collective agreements signed in the country, indicating the sectors and the number of workers covered.