Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Administration Convention, 1978 (No. 150) - Cuba (Ratification: 1980)

Articles 1 and 4 of the Convention. Application of the Convention in practice. Structure and operation of the labour administration system. 1. Structure of the labour administration system. The Committee notes the Government’s indication that the Council of Ministers Agreement No. 7335 of 19 December 2012 establishes the Ministry of Labour and Social Security (MTSS) as the central state administrative body responsible for proposing, implementing and monitoring policy on labour, protection, occupational health and safety, social security and prevention as well as social assistance and social work. The Committee asks the Government to provide a copy of the aforementioned Agreement and identify any changes that it introduces into the labour administration system, in terms of the structure and operation of the system.

2. Coordination and effective operation of the labour administration system. Further to its previous comments on the measures adopted to ensure the effective operation of the labour administration system and the appropriate coordination of the assigned tasks and responsibilities, the Government states that all independent departments and directorates of the aforementioned Ministry, that is, the National Institute of Social Security, the National Office for Labour Inspection, and the Training, Information and Archive Centre, report on their activities and the performance of their duties to the Ministry. In turn, the Ministry reports on the results of this work to the National Assembly of People’s Power. The labour directorates at provincial and municipal level report to the relevant government bodies. Furthermore, employment and social security legislation is submitted for consultation, during the drafting phase, to the social partners. The labour legislation is disseminated to the different central administration bodies and offices, and social partners. For its part, the National Office of Statistics and Information provides official statistics for the country. The Committee once again asks the Government to provide extracts from reports or other periodical information submitted by the main labour administration services.

Article 5. Tripartite consultation, cooperation and negotiations. In reply to the Committee’s previous comments on the procedures for tripartite consultation, cooperation and negotiation, the Government states that Act No. 105 of 27 December 2008 (Social Security Act) was the result of a public consultation process. Moreover, the preliminary draft of the new Labour Code was discussed with the workers, prior to approval by the National Assembly of People’s Power. The Committee asks the Government to provide information on any other measures that are envisaged or have been adopted with a view to ensuring consultation, cooperation and negotiation with the most representative organizations of employers and workers, particularly in different sectors of economic activity and at regional and local level.

Article 6(2)(b). Performance of the labour administration services in the field of employment for certain vulnerable groups. With regard to the Committee’s previous observations on the examination and resolution of the unemployment situation for women and persons with disabilities, the Government mentions the principle of equal rights and opportunities for women and men, pregnancy and maternity protection, and the prohibition of discrimination, established in the National Constitution and in labour law. The Government also refers to the provisions in the Labour Code concerning the conditions of work and the rights granted to workers with disabilities. Furthermore, the Government highlights the ratification and application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the 2011 regulations on the employment of persons with disabilities, the National Action Plan for the Assistance of Persons with Disabilities and the National Council for the Assistance of Persons with Disabilities (CONAPED), which, together with the MTSS and the Ministry of Education, ensure that persons with disabilities receive training to develop the skills required for their profession. The Committee once again requests the Government to specify whether it is planned to study and submit proposals to resolve the issue of unemployment for certain categories of workers, such as women and persons with disabilities, and, if applicable, to provide a copy of any relevant documents.

Findings of surveys undertaken during the period 2006–08. In its previous comments, the Committee noted that, according to the table included in the Government’s report, several investigations were scheduled between 2006 and 2008, with a view to facilitating the achievement of the strategic objectives of the labour administration system. The Committee asks the Government to provide a summary of the most significant findings of this research and any recommendations, in addition to information on any action taken to follow up the surveys, and on their impact on the operation of the labour administration system.

Article 10. Training for labour administration staff. The Committee notes the tables containing statistical information on the training activities implemented at the MTSS Training, Information and Archive Centre between 2010 and 2013, including for labour administration staff. Different types of activities were implemented, covering a wide range of topics including: occupational safety and health; communication and self-monitoring; wage system indicators and concepts; English; labour law on HIV; integrated productivity management; accounting and financial management software; integrated social security management; Cuban regulations and auditing; and social work. The Committee asks the Government to continue providing information on the training activities organized for labour administration staff, and also on the impact of such activities on the objectives of the Convention.