Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Cuba

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1952)
Convention (n° 131) sur la fixation des salaires minima, 1970 (Ratification: 1972)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

The Committee notes the Labour Code, issued by Act No. 116 of 20 December 2013, and the Regulations of the Labour Code, issued by Decree No. 326 of 12 June 2014.

Minimum wage

Article 4(1) of Convention No. 131. Adjustment of minimum wages. In its previous comment, the Committee noted the adoption of Resolution No. 11 of 23 April 2005 of the Ministry of Labour and Social Security determining the level of the minimum wage. The Committee notes the Government’s indication in its report that this Resolution is still in force. Recalling that the Convention requires that the minimum wage system allow the adjustment from time to time of minimum wages, the Committee requests the Government to provide information on the most recent studies conducted to assess the need to adjust the minimum wage with a view to maintaining its level in accordance with the socio-economic situation of the country.

Article 4(2) and (3). Consultations with organizations of employers or representatives of employers. The Committee notes that section 113 of the Labour Code provides for consultation of the relevant trade union organizations for the fixing of minimum wages. The Committee recalls that the 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 workers and employers concerned. The Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to these provisions of the Convention.

Protection of wages

Article 3(1) of Convention No. 95. The Committee notes that neither the Labour Code nor its Regulations contain provisions prohibiting the payment of wages in the form of promissory notes, vouchers, coupons or in any other form alleged to represent legal tender. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this provision of the Convention.

Conditions respecting the payment of wages agreed in the employment contract or collective agreement. The Committee notes that section 114 of the Labour Code provides that wages shall be paid in Cuban pesos at least once a month, at specified periods, with the exception of those components of remuneration conditional on increased efficiency, which shall be paid under the terms and conditions agreed by the parties in the employment contract or collective labour agreement. The Committee requests the Government to provide detailed information on the terms and conditions that may be agreed by the parties in accordance with section 114 of the Labour Code.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that neither the Labour Code nor its Regulations prohibit employers from limiting in any manner the freedom of workers to dispose of their wages. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention.

Article 8. Deductions from wages. The Committee notes that section 85 of Ministerial Resolution No. 27/06, to which it referred in its previous comments, was repealed by Decree No. 326 of 2014 (the Regulations of the Labour Code).

Article 9. Prohibition of any deduction from wages with a view to obtaining or retaining employment. The Committee notes that neither the Labour Code nor its Regulations prohibit deductions from wages with a view to ensuring a direct or indirect payment made by a worker to the employer for the purpose of obtaining or retaining employment. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention.

Article 11. Protection of workers’ claims in the event of bankruptcy or judicial liquidation. The Committee notes that neither the Labour Code nor its Regulations contain provisions covering this matter. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to this Article of the Convention.

Article 13. Place where wages shall be paid. The Committee notes that neither the Labour Code nor its Regulations specify the place where wages shall be paid. The Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Article 13 in this regard.

Article 15(d). Records of wages. The Committee notes that neither the Labour Code nor its Regulations establish the requirement to keep a record of wages. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to this provision of the Convention.