Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection Convention, 1947 (No. 81) - Cuba (Ratification: 1954)

The Committee notes the Government’s report containing information in response to its previous request, and the annual inspection report for 2005. It also notes the regulations of 11 September 2002 on the national labour inspection system and the article on labour inspection which appeared in the Gaceta Laboral (Labour Gazette) of the Ministry of Labour and Social Security.

1.  Articles 20 and 21 of the Convention. Annual inspection report. The Committee notes with interest the indication, in response to its previous comments, that the annual inspection report is published and circulated to employers, workers and any other persons concerned. However, the Committee draws the Government’s attention to the guidelines set forth in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), which supplements the Convention, concerning the manner in which to present and group together the information required under Article 21, paragraphs (a) to (g), so as to facilitate its use for the purposes of assessing and improving the functioning of the labour inspection system.

2. Articles 3, 6, 12 and 15. The Committee notes with interest section 21 of the regulations of 2002 on the national labour inspection system, pursuant to which it is forbidden for the labour and social security inspector and supervisor to perform any other work or activities liable to affect directly or indirectly the interests or the public image of the National Labour Inspection Office (ONIT). Pursuant to this text, inspectors and supervisors may, however, perform activities on their own account or other activities which do not involve their subordination, or occupy another post and engage in other remunerated employment, providing they have the express authorization of the service in which they are employed.

The Committee also notes that, pursuant to section 26 of the abovementioned regulations, labour inspectors may be appointed on a provisional basis if they do not fulfil the requirements in respect of competency, qualifications, and skill set forth in paragraphs (a), (b) and (c) of section 24. The Committee would be grateful if the Government would indicate the scope of the powers and obligations of these agents and indicate the manner in which it envisages putting an end to the provisional nature of their duties.

The Committee notes with interest the introduction, in section 30 of the same text, of a provision classifying as an infringement of discipline, for inspection staff, the act of accepting or requesting, in the exercise of their duties, or because of these, presents, donations, offers or promises. It notes that acts or behaviour defined by the internal discipline regulations of the ONIT are also considered as infringements of discipline. The Committee asks the Government to provide a copy of this text.

The Committee notes that, pursuant to sections 12 and 13 of the same regulations, the inspector shall be authorized to carry out an inspection by an inspection order issued by the competent authority and containing full information, including the reason for the inspection, and present this written order to the employer or his representative at the start of the visit. The Committee considers that these provisions restrict the right of inspectors to enter freely and without any previous notice any workplace liable to inspection, as envisaged in Article 12, paragraph 1(a), of the Convention. The Committee emphasizes that the inspector’s right to enter freely may extend, in accordance with paragraph 2 of the same Article of the Convention, to the point of giving him the choice of not notifying the employer or his representative of his presence in the workplace if he considers that such a notification may be prejudicial to the performance of his duties. Moreover, the obligation to reveal the reason for the visit runs counter to Article 15(c) of the Convention, under which labour inspectors shall treat as absolutely confidential the source of any complaint and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee therefore requests the Government to take swift measures to ensure the full application of these provisions by making appropriate amendments to the relevant legislation.

With regard to Article 27(b) of the regulations, which limits the right of entry of inspectors to the working hours of the establishment, the Committee would be grateful if the Government would indicate the manner in which it is ensured that inspectors are authorized to carry out inspections relating to machinery and installations when such inspections cannot be carried out for security reasons in the presence of workers.

3. Parts IV and VI of the report form. The Committee notes the information contained in the Gaceta Laboral on the functioning and shortcomings of the labour inspection system and the outlook therefore. It would be grateful if the Government would continue to communicate the press articles published by the Ministry concerning any developments in this regard, in particular on any steps taken to correct the dysfunctions observed. Moreover, the Government is requested to indicate any comments that may have been made in this regard by employers’ and workers’ organizations.