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Referring to its observation, the Committee notes the annual report on labour inspection for 2009. It would be grateful if the Government would provide additional information on the following points.

Article 7 of the Convention. Requirements for applicants to the profession of labour inspector. Noting that the Government has not provided any information in reply to its previous request on this point, the Committee once again requests it to report the impact of the new requirements established by section 23 of Regulation No. 20/2007 to exercise the profession of labour inspector on the effectiveness of inspection activities.

Article 13. Measures to remedy violations. The Committee notes that the copy of Legislative Decree No. 246 sent by the Government upon the request of the Committee does not include subsections (b) and (c) of section 8, referred to in sections 52 and 54 of Decree No. 246 as relating to powers of injunction entrusted to labour inspectors. The Committee requests the Government either to provide a complete copy of Legislative Decree No. 246 or to take measures to correct the relevant provisions of the latter, if necessary.

Articles 20 and 21. Content of the annual report on labour inspection. Availability of basic information essential to evaluate the implementation of the Convention in practice. In its response to the general observation of 2009, the Government reports that in Cuba no sector of labour is excluded from the domain of the National Labour Inspection Office, in light of which no difficulties are encountered with regard to the coverage of the labour inspection system. Inter-institutional cooperation for the improvement of a register of workplaces liable to labour inspection is ensured by the system for the relations and exchange of information between the institutions. The Government also indicates that through the National Statistics Office (ONS), the body formally responsible for statistics in the country, the information on entities, on their organization, types and location in the various sectors of the economy is available, which is also accessible by the labour inspection service to ensure the effective discharge of its functions. The Committee would be grateful if the Government would take measures to ensure that more detailed information is included in future reports on labour inspection, to the extent possible, in accordance with the guidance provided in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), so as to allow it to evaluate the level of application of the Convention. The Government is also requested to describe the nature of the system of relations and the exchange of information between the institutions that ensures inter-institutional cooperation for the improvement of a register of workplaces liable to inspection.

The Government is also requested to ensure that the annual report is published in accordance with Article 20 and to inform the ILO of the measures taken and the results achieved to this end. The Committee draws the Government’s attention to paragraph 331 of its General Survey of 2006 relating to the objectives of the publication of the annual report.

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Article 12(1) and (2) of the Convention. Restrictions on the freedom of action of labour inspectors in relation to the inspection of workplaces. In its previous comment, the Committee noted that the Regulations on the System of National Labour Inspection of 2007 maintain the requirement of the communication to the employer of a written inspection order specifying the purpose of any inspection (sections 11 and 12), which is contrary to Article 12(1) and (2). In its report, the Government refers to section 10 of the Regulations, which provides that information on inspections, as a general rule, is not communicated to the entities to be inspected before starting to carry out the inspection visit. It also reports that labour inspectors may, after having presented their identity papers and handed in the order for inspection, enter at any time of the day or night any establishment subject to inspection. While taking due note of section 10 of Resolution No. 20/2007 referred to by the Government, according to which in general the inspections are not notified in advance to the bodies concerned or the body they depend on in case of unexpected inspections, the Committee notes with concern that labour inspectors are still required, once at the workplace, to present to the employer not only proper credentials as provided by Article 12(1), but also, an order for inspection, which is in total contradiction with the Convention, as it makes it impossible to guarantee the confidentiality relating to the complaints and their authors (Article 15(c)).

The Committee also draws the Government’s attention once again to Article 12(2), pursuant to which labour inspectors should be even authorized to refrain from notifying the employer or his representative of their presence on the occasion of an inspection if they consider that such a notification may be prejudicial to the performance of their duties.

Referring the Government to its previous request on this issue, the Committee once again requests the Government to take measures rapidly to bring the legislation into full conformity with the provisions of Article 12 in connection with Article 15(c) and keep the ILO duly informed of the progress made.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2011.]

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The Committee notes the Government’s report for the period ending 31 May 2008 and the information provided in reply to its previous comments, as well as the attached copy of Resolution No. 20/2007 issuing new regulations governing the national labour inspection system. It also notes the adoption on 29 May 2007 of Legislative Decree No. 246 respecting violations of the labour legislation concerning protection, occupational safety and social security.

Article 3, paragraph 1(a) and (b), of the Convention. Scope of the competence and functions of the labour inspectorate. The Committee notes with interest that the legislation respecting wages has now been entrusted explicitly to the labour inspectorate under the terms of the regulations adopted by Resolution No. 20/2007 referred to above (section 1). It also notes that the labour inspectorate is no longer entrusted with competence in relation to self-employed workers and other persons who work outside a relationship of subordination, but that the scope of the inspectorate could be extended by supplementary legislation to other areas (section 3). Legislative Decree No. 246 respecting violations, measures for their elimination and the penalties applicable to those committing them, excludes from its scope of application Cuban commercial societies covered by Legislative Decree No. 166 of 15 July 1996. The Committee requests the Government to indicate the reasons for entrusting enforcement of the legislation respecting wages to the labour inspectorate and to specify the extent of its powers in this area.

Article 7. Requirements for applicants to the profession of labour inspector. The Committee notes with interest the new requirements established by section 23 of Regulation No. 20/2007 to exercise the profession of labour inspector and hopes that the Government will be able to report in due time their impact on the effectiveness of inspection activities.

Article 12, paragraphs 1 and 2. Restrictions on the freedom of action of labour inspectors in relation to the inspection of workplaces. With reference to its previous comment on this subject, the Committee notes that the 2007 Regulations maintain the requirement of the existence of a written inspection order specifying the purpose of any inspection, and the communication of this document to the employer (sections 11 and 12). The Committee is bound to emphasize once again that these conditions are contrary to the Convention, which envisages, following the introductory phrase of Article 12, paragraph 1(a), that inspectors shall be empowered to enter freely any workplace liable to inspection and, in accordance with paragraph 2, that they should be able to refrain from notifying the employer or his representative of their presence on the occasion of an inspection. Although it notes the Government’s explanations that the freedom of entry and investigation of inspectors is not hindered by the provisions in force, the Committee requests the Government to take measures rapidly to bring the legislation into conformity with the Convention in this respect.

The Committee notes the content of section 32 of the repealed text, under the terms of which those liable to inspection shall be informed of the date of the inspection where it is not a surprise inspection, has not been reproduced in the 2007 Regulations in the corresponding section 31. The Committee would be grateful if the Government would indicate the reasons for the removal of this provision.

Article 13. Measures to remedy violations. The Committee notes with interest that, under the terms of section 15(b) of the 2007 Regulations, those responsible for violations identified by the labour inspectorate are required, in addition to the same obligations as those set out in the repealed Regulations (of 2002), to send a copy of the measures planned to the National Labour Inspection Office (ONIT). It notes that sections 52 and 54 of Legislative Decree No. 246 refer respectively to section 8, subsections (b) and (c), but the text available in the ILO does not include the subsections indicated on the requirement to take measures (injunctions), but does include those repeating the principal and auxiliary sanctions applicable in the case of violations. The Committee would be grateful if the Government would keep the ILO informed of the impact in practice of section 15(b) of the 2007 Regulations and the action taken by the labour inspector competent in technical or territorial terms in respect of employers that are in default. It requests the Government to provide a complete copy of Legislative Decree No. 246.

Article 17, paragraph 2. Discretion of labour inspectors on the action to be taken on relation to a violation. The Committee notes with interest that effect is given to this provision by section 12 of Legislative Decree No. 246. It would be grateful if the Government would provide information on the manner in which effect is given in practice to this provision by all labour inspectors, and on its impact in relation to the objectives of the Convention.

Articles 20 and 21. Annual report on labour inspection. The Committee notes the Government’s commitment to ensuring that the guidance provided in Recommendation No. 81 is taken into consideration in future for the preparation of the annual inspection report. Noting that the last annual inspection report received covered the year 2005, the Committee reminds the Government that such a report should be published and communicated by the central authority within the time limits set out in Article 20, and it would be grateful if the Government would take the necessary measures for this purpose.

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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.

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Publication of the annual inspection report. The Committee notes the Government’s report and the useful information contained within in response to its previous request. It notes, however, that the Government does not state whether the annual report that it provides and which contains all of the information required under Article 21 of the Convention has been published, in accordance with Article 20. The Committee recalls the importance attached to the information contained in this report being accessible to all interested parties, in particular to organizations of employers and workers. It yet again urges the Government to indicate the measures taken or envisaged in order to ensure that the annual inspection report is published within the prescribed deadlines and transmitted to the ILO, in accordance with this important provision of the Convention.

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The Committee notes the Government’s report and the annual inspection report for 2000. It requests the Government to provide additional information on the following points.

Articles 3, 10 and 16 of the Convention. The Committee notes that the staff of the inspection services fell for the first time between 1998 and 2000 from 701 to 670. According to the annual inspection report for 2000, this reduction is to be explained by a better geographical distribution of inspection activities. However, the staff reached 700 persons in 2001. The Committee also notes that in 2001 emphasis was placed in particular on inspections in the field of occupational safety and health, which almost doubled in relation to 1998, while inspections targeting self-employed workers were reduced by around two-thirds over the same period. The Committee would be grateful if the Government would provide information on the nature and purpose of inspections of self-employed persons, and the reasons for their substantial decrease during the period under consideration.

Article 4. The Committee notes that as from 2000, the former National Directorate of Labour Inspection and Protection has been divided into two distinct structures: the National Bureau of Labour Inspection (ONIT), responsible for labour inspection duties and reporting directly to the Ministry of Labour and Social Security, with offices in all the provinces, and the National Directorate of Occupational Safety and Health Policy. Noting that this restructuring was to result in a revision of the legislation that is in force, the Committee requests the Government to provide copies of any relevant text, as it has undertaken to do.

Article 7. The Committee notes with interest that the staff of the labour inspectorate receive training during 20 per cent of their working time in such fields as human resources management, occupational safety and health and informatics. It also notes the desire of the ONIT for the ILO to continue providing technical support, particularly for the training of inspection personnel. The Committee hopes that the Government will take this wish duly into account and that it will not fail to take the necessary steps for this purpose and to avail itself of international cooperation where necessary.

Article 18. With reference to its previous comments, the Committee notes that, according to the Government, the financial penalties applicable to self-employed workers for violations of the legal provisions, and the procedure for their revision, are appropriate in view of the economic situation of this category of workers. The Government is requested to provide information on the procedure for adjusting the amount of these penalties, and a copy of Legislative Decree No. 166 of 1996 respecting the fines which may be imposed on persons responsible for violations of the legislation in private sector enterprises.

Article 20. With reference to its previous comments, the Committee notes that the annual reports on the activities of the inspection services are broadly disseminated and that the media have published many analyses based on these reports. The Government is requested to provide copies of these documents.

Article 21(g). The Committee notes that the annual inspection report for 2001 shows a general decrease of 9.7 per cent in cases of occupational disease in relation to 2000. However, noting a substantial increase in the number of cases of certain occupational diseases over the same period which, according to the report, can be explained by negligence in wearing personal protective equipment provided free of charge to workers, the Committee requests the Government to indicate the measures which have been taken or are envisaged to encourage workers to be more aware of the need to take responsibility in this respect.

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The Committee notes the detailed information provided by the Government in its reports in reply to the Committee’s previous comments, as well as the attached documentation. In particular, it notes with interest that women constitute around 33 per cent of the total staff of the labour inspection services; that the wages of labour inspectors are higher than those of other workers in the public administration; that training is provided to each of them in relation to the branches of activity which they supervise within their specialization; and that the premises, means of transport and transport facilities, as well as compensation for expenditure on transport, meals and accommodation made available to labour inspectors are satisfactory.

The Committee notes that Legislative Decree No. 174 of 9 June 1947, determining offences against the legal provisions governing self-employed workers, sets the amount for the penalties applicable in the event of such offences, although a special provision provides that their amount may be revised by the Executive Committee of the Council of Ministers. The Committee emphasizes the value of establishing a rapid procedure for revising the monetary value of penalties with a view to ensuring that, even in a situation of monetary inflation, such sanctions remain sufficiently dissuasive, and it would be grateful if the Government would provide information and a copy of any relevant official text showing that the arrangement for the revision of penalties by the Executive Committee of the Council of Ministers meets this objective.

The Committee notes with interest that the annual inspection reports for 1996 and 1998 contain information on each of the subjects enumerated in Article 21, including statistics on cases of occupational disease, and it hopes that such complete reports will continue to be issued by the central inspection authority. However, the Committee notes that the annual report for 1997 has not been received by the ILO and that there is nothing to show that the reports which are transmitted have been published, and it reminds the Government that the publication of such reports is a requirement under the terms of Article 20, which also sets out the relevant time limits. The Committee would be grateful if the Government would take all appropriate measures relating to the requirements of this provision so that the information contained in these reports is accessible to any interested party and may give rise to reactions and comments, particularly by employers’ and workers’ organizations, in a constructive spirit. The Government is requested to provide information on any progress achieved in this respect.

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The Committee notes the Government's report for the period from 1 July 1995 to 31 May 1997 as well as the adoption of Joint Resolution No. 2/96 of the Ministry of Public Health and the Ministry of Labour and Social Security, dated 18 December 1996. The Committee notes with interest that this resolution includes the Director of the Inspection and Protection of Labour of the Ministry of Labour and Social Security of Cuba among the authorities that shall be mandatorily informed of cases of occupational disease.

The Committee requests the Government to provide in its next report information on the following points:

Article 6 of the Convention. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Cuba.

Article 8. Please indicate the percentage of women appointed to the inspection staff in general and to each of the levels indicated in the annual report of the National Labour Inspection (municipal inspectors, provincial supervisors, national supervisors) in particular.

Article 9. The Committee asks the Government to indicate the measures taken or envisaged in order to secure that qualified technical experts and specialists are associated in the work of the labour inspection.

Article 10. The Committee asks the Government to provide information on the actual number of labour inspectors and their distribution among the capital and particular regions.

Article 11. The Committee asks the Government to indicate the geographical distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors.

Article 15. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a) of the Convention and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee notes that according to the annual report of the National Labour Inspection 1,455,681 inspection visits took place during 1996. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of initial and second inspection visits made and the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace.

Article 20. The Committee notes the copy of the annual report of the National Labour Inspection for 1996. The Committee asks the Government to indicate whether this report was officially published and what is the procedure for access to such report by an interested party.

Article 21. The Committee notes that the annual report of the National Labour Inspection for 1996 contains information about industrial accidents in 1996. The Committee hopes that the next annual report of the National Labour Inspection will contain information on the number of industrial accidents not only in comparison with the previous period, but also in absolute figures.

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Article 14 of the Convention. The Committee notes the information provided in the Government's report to the effect that it is the responsibility of the State Health Inspectorate to undertake inspections relating to the application of health and anti-epidemic provisions, including investigations of cases of occupational diseases and any deficiencies and offences that are detected. In view of the fact that the objective of this provision of the Convention is the prevention of occupational risks, it is of fundamental importance that cases of occupational diseases are duly notified to the competent inspection services. The Committee would be grateful if the Government would indicate how such notification is carried out in practice.

Article 21(g). The Committee notes the information provided by the Government to the effect that work is continuing on the adaptation of the statistical system to the requirements of the Convention with regard to statistics of occupational diseases. The Committee trusts that, as a result of the negotiations between the Ministry of Public Health and the Ministry of Labour and Social Security, to which the Government referred previously, the necessary measures will be adopted so that future annual inspection reports contain statistics of occupational diseases.

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Articles 14, 20 and 21 of the Convention. The Committee notes the report communicated by the Government and the annual reports on inspection for the years 1989 and 1990. It points out that the purpose of notifying the labour inspectorate of occupational diseases is to enable the inspectors to carry out investigations in order to determine the causes of those diseases and arrange for the necessary measures to be taken to prevent similar cases arising. The Committee trusts that the negotiations between the Ministry of Public Health and the State Committee on Statistics will be fruitful, so that diagnosed cases of occupational disease may be notified; and that the next annual report on labour inspection will include the appropriate statistics.

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Articles 20 and 21 of the Convention. The Committee takes note of the 1987 and 1988 annual inspection reports. It requests the Government to state whether these reports have been published and made available to the authorities, organisations and persons concerned. Furthermore, the Committee requests the Government to indicate whether progress has been made in introducing the statistical information system (referred to by the Government in its 1987 report) which would enable statistical data on occupational diseases to be included in the annual inspection reports (Article 21(g)).