Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Cuba (Ratification: 1975)

The Committee notes the information provided by the Government in its report.

Article 3, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that section 225 of the Labour Code prohibits the admission of persons under 18 years of age to certain types of hazardous employment, namely underground work or work involving the handling of substances which may harm their health. It noted that the scope of this provision is not sufficiently broad to cover all the types of employment or work likely to jeopardize the health, safety or morals of young persons, as required by the Convention. The Committee notes the information provided by the Government in its report, according to which the health, safety and morals of young persons, as well as general and specific instruction and training in the corresponding branches of activity, in accordance with the principles of the Convention, are adequately protected in both law and practice. Sections 225 and 12 of the Labour Code, and supplementary provisions respecting workers’ technical training, comply with the essential objectives of the Convention. The Committee also notes that a revision of the Labour Code should take into account the comments made. In this respect, a preliminary draft text, which was submitted to the XVIIth Congress of the Workers’ Central of Cuba, will be submitted to the workers’ assemblies convened by national trade unions with a view to obtaining the opinion of each central organization, before its submission to Parliament for approval. The Committee hopes that, in the context of this legislative reform, the Government will take the necessary measures to ensure that persons under 18 years of age are prohibited from performing all types of unhealthy and hazardous work, including types of work which are likely to jeopardize their morals. It also requests the Government to keep it informed of any progress achieved in this respect.

Part V of the report form. The Committee notes with interest the information provided by the Government, including the statistics concerning the education system in the country.