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

Protection of Wages Convention, 1949 (No. 95) - Cuba (Ratification: 1952)

The Committee notes the information provided in the Government’s report, in particular the adoption of Ministerial Decision 27/06 of 12 January 2006 issuing general regulations concerning the organization of wages.

The Committee notes that most of the new regulations reiterate the principles laid down in the 1984 Labour Code, such as the principle of payment in legal tender and at regular intervals (section 81) and the principle of payment at the workplace and on working days (sections 83 and 84). Other provisions introduce new principles that are consistent with the Convention, such as the possibility of paying wages by bank transfer (section 82) or the possibility for a third party to receive the wages in lieu of and on behalf of the worker, on the basis of written authorization (section 84). The Committee also notes that, contrary to section 125 of the Labour Code which refers to wage deductions solely by attachment, section 85 of the new regulations also provides for deductions by voluntary assignment, practically without limits since, according to the regulations, the amount of the deduction is set by the interested party. In this regard, the Committee is obliged once again to remind the Government that the Convention requires measures aimed at protecting wages against assignment to the extent deemed necessary for the maintenance of the worker and his/her family. The Committee therefore hopes that the Government will not fail to adopt appropriate provisions so as to ensure full compliance with the Committee’s requirements in this regard.

The Committee would also be grateful if the Government would continue providing general information on how the Convention is applied, in particular, extracts of official reports, details of the number and nature of infringements reported and any other information concerning the application of the Convention in practice.