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Previous comments on Convention No. 81: Direct request and observation.

Previous comment on Convention No. 150: Direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.
  • Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 10, 16 and 18. Sufficient number of inspectors. Inspections as frequent and thorough as necessary to ensure the effective application of the relevant legal provisions. Adequate penalties. the Committee notes the Government’s indication in its report that: (i) the number of staff in the labour inspection service decreased from 265 inspectors in 2015 to 223 inspectors in 2017; (ii) the number of inspections carried out rose from 266 in 2015 to 1,819 in 2017; (iii) the number of identified violations increased from 6,783 in 2015 to 7,573 in 2017; and (iv) the number of penalties imposed fell from 1,228 in 2015 to 1,085 in 2017. In this context, the Committee requests the Government to indicate the reasons which explain: (i) the increase in the number of inspections conducted between 2015 and 2017 despite the decrease in the number of inspection staff; and (ii) the decrease in the number of penalties imposed in this period despite the increase in the number of violations identified. The Committee also requests the Government to provide up-to-date information on the number of labour inspectors.
Article 13. Occupational safety and health prevention in high-risk activities. The Committee notes the Government’s indication, in reply to its previous comments, that: (i) in 2017, the National Labour Inspection Office (ONIT) carried out 1,819 inspections, in which it detected 2,978 infringements relating to occupational safety and health (OSH); (ii) the main infringements identified related to not ensuring safe and hygienic conditions for workers and violating the provisions regarding the supply of personal protective equipment where appropriate or providing it without meeting the relevant requirements; (iii) in these cases, the offender was notified in writing of the obligation to take action to put an end to the causes or effects of the infringement, with a deadline set for taking such action; orders were given to close four workplaces and immediately stop the operation of 21 items of equipment on account of their being dangerous and putting the health and safety of workers at risk; (iv) the 1,819 inspections carried out constituted not only a control operation but also an advisory exercise by the inspectors to resolve workplace issues, and this included prevention activities; and (v) in 2021, ONIT conducted 3,496 inspections (79 per cent of which focused on ensuring compliance with the measures adopted on account of the epidemiological situation) and detected 2,789 infringements, of which 13 per cent were OSH violations and the legally prescribed remedial measures were applied. The Committee requests the Government to continue providing information on any measures taken to order: (a) such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; and (b) the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the workers.
Article 14. Industrial accidents and cases of occupational disease notified to the labour inspectorate. The Committee notes the information provided by the Government in the annual inspection reports for 2016, 2017 and 2018 on the number of registered industrial accidents and cases of occupational disease. It notes that the total number of accidents which occurred between 2015 and 2017 was 10,236, including 245 fatal accidents. The Committee also notes that during the same period registered cases of occupational disease increased from 93 in 2015 to 122 in 2017. The Committee requests the Government to provide up-to-date information on the number of industrial accidents and cases of occupational disease duly notified to ONIT, in accordance with Article 14 of the Convention.
Articles 16 and 18. Inspections of own-account workers. Infringements recorded and penalties imposed. The Committee notes the Government’s reference to the authorities which carry out inspections of own-account workers. The Committee requests the Government to provide information on the number of inspections carried out to ensure the enforcement of the legal provisions relating to workers employed under this regime and, if applicable, the infringements recorded and the penalties imposed.
Articles 20 and 21. Annual labour inspection report. The Committee notes that no copies of annual inspection reports have been received since 2018. The Committee urges the Government to take the necessary steps to ensure that annual inspection reports are published and transmitted regularly to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects listed in Article 21(a)–(g).
  • Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Structure and operation of the labour administration system. Structure of the labour administration system. Further to its previous comments, the Committee notes the Government’s indication that Decision No. 7335 of 2012 of the Council of Ministers was cancelled by the entry into force of Decision No. 8332 of 2018 of the Council of Ministers, establishing the Directorate for the Control of Own-Account Work. The Government also indicates that Decision No. 9149 of 2021 approved the establishment of two directorates-general, 12 directorates, seven departments and one secretariat, giving a total of 22 organizational units, as the maximum possible number of organizational units in the central body of the Ministry of Labour and Social Security. The Committee requests the Government to indicate the functions of the Directorate for the Control of Own-Account Work and also of the organizational units of the central body of the Ministry of Labour.
Coordination and effective operation of the labour administration system. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken by the Ministry of Labour in 2021 to promote access to quality employment through flexible hiring and remuneration mechanisms. The measures included: (i) the adoption of the Regulations on remote work and telework; and (ii) flexible arrangements for labour hiring mechanisms and improvement of results-based payment systems; (iii) flexible arrangements for the wage scheme for workers in the business system; (iv) the application of piecework payment systems which stimulate individual contributions to units covered by special budget treatment; and (v) improvement of own-account work by establishing the operation of a digital platform for its control. The Committee requests the Government to continue providing information on the measures taken by the main labour administration services to ensure the coordination and effective operation of the labour administration system.
Article 5. Tripartite consultation, cooperation and negotiations. Further to its previous comments, the Committee notes the Government’s indication that, in accordance with the legislative process in the country, all regulatory provisions are subject to a public consultation process with workers and employers and to specialist consultations with experts. The Committee requests the Government to indicate in what manner and in what areas the consultations on which it reports take place.
Article 6(2)(b). Performance of the labour administration services in the field of employment for certain vulnerable groups. The Committee notes that the Government, in reply to its previous comments, provides information on: (i) the National Programme for the Advancement of Women, adopted by Presidential Decree No. 198 of 2021, which includes the implementation of periodic evaluations of employment needs and possibilities for women; (ii) the Decent Work Programme implemented with the participation of the Ministry of Labour, which includes projects to promote and facilitate access to quality employment and the sustainability of the social security system; and (iii) the establishment of the National Committee for the Follow-Up and Monitoring of the Application of the Provisions of the 2006 Convention on the Rights of Persons with Disabilities, which comprises representatives of bodies of the central state administration coordinated by the Ministry of Labour and the corresponding labour directors (sections 2 and 4 of Decision No. 940 of 2021). The above-mentioned Committee is responsible for organizing, overseeing, guiding and coordinating the work of the bodies and entities of the central administration and entities that play a major role in catering for persons with disabilities. It is also responsible for promoting and coordinating studies and scientific research into disability (section 5). The Committee requests the Government to continue providing information on the methods proposed for remedying the unemployment of women and other unemployed or underemployed persons and to indicate the impact of these methods on the basis of the periodic studies and reviews which are carried out, in accordance with Article 6(2)(b) of the Convention.
Article 10. Training for labour administration staff. Further to its previous comments, the Committee notes that, according to the statistical information provided by the Government on training for labour administration staff, between 2014 and 2022 a total of 63,639 employees received training on various subjects, including, inter alia, employment policy, organization of work, Cuban labour legislation and standards, gender rights, occupational safety and health, wages structures and social security. The Committee requests the Government to continue providing information on training activities for the above-mentioned staff, including subjects covered and the bodies which give the training.

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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.

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With reference to its observation, the Committee requests the Government to provide information on the following points.

Articles 1, 4 and 6, paragraph 1, of the Convention and Part IV of the report form. Development and operation in practice of the system of labour administration. Further to its previous comments, the Committee notes with interest Decision No. 4085/2001 of the Executive Committee of the Council of Ministers establishing the objective, functions and responsibilities of the Ministry of Labour and Social Security; Legislative Decree No. 220/2001 establishing the National Social Security Institute; and Resolution No. 47/2001 establishing the National Labour Inspection Office. The Committee reminds the Government that the level of application of the Convention is not only assessed on the basis of the relevant legislative texts, but also through documented information on the operation in practice of the system of labour administration. It therefore requests it to provide information on the measures adopted to ensure that the system of labour administration functions effectively, and that its functions and responsibilities are properly coordinated.

The Committee would be grateful if the Government would also provide extracts from any reports or other periodical information provided by the principal labour administration services, as indicated in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), including reports on the activities of the labour inspection services. It also requests the Government to provide information on any difficulties of a practical nature which may have been encountered in the application of the Convention.

Article 10. Improving the qualifications of the staff of the system of labour administration. Noting the explanations provided concerning the role of the National Centre for the Training and Development of Managerial Staff in the Labour Administration, the Committee requests the Government to indicate the number and categories of officials trained in this Centre during the period covered by the next report, and to provide information on the content and duration of the training provided.

Article 5. Tripartite consultation, cooperation and negotiations. The Committee would be grateful if the Government would indicate the matters covered by tripartite consultation, cooperation and negotiation during the period covered by the next report and the results achieved. It requests the Government to provide copies or extracts from any relevant reports, and copies of any legal texts adopted as a result of these consultations, cooperation and negotiations.

Surveys undertaken during the period 2006–08. Noting the programming of various surveys intended to facilitate the achievement of the strategic objectives of the system of labour administration, the Committee would be grateful if the Government would provide the most significant conclusions and recommendations of such surveys, as well as information on the action taken to give effect to them.

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Article 6, paragraph 2(b), of the Convention. Improvement in the performance of the labour administration in the fields of employment, social protection and occupational safety and health. The Committee notes with interest the detailed information provided concerning the positive developments in the operation of the labour administration system during the period covered by the report.

The Government indicates that at the end of 2008, as a result of the improvement of employment capacities and the continuous training of human resources, vocational adaptation courses and other specific programmes, the unemployment rate was reduced to 1.6 per cent. The programme of assistance to young persons is reported to have promoted the integration of a large number of persons in work, with the action being undertaken in cooperation between the Ministry of Labour and Social Security, training institutes and other public bodies through various employment arrangements (direct employment, partial employment, on-the-job training and employment rehabilitation courses).

The level of minimum pensions is also reported to have been increased over recent years and, under the terms of Act 105 of December 2008 respecting social security, the annuities and benefits provided by the social security system have been extended to cover 100 per cent of workers, with entitlement to total or partial invalidity pensions being guaranteed.

The Government adds that greater vigilance in the implementation of occupational safety and health measures has resulted in a reduction in the number of employment accidents. The Committee would be grateful if the Government would indicate whether it is planned to examine and find solutions for the issue of the unemployment of certain categories of workers, such as women and persons with disabilities, and if it would provide information and documentation on this subject.

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

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With reference to its observation, the Committee notes that the Council of Ministers approved the objectives, functions and competences of the Ministry of Labour and Social Security by Decree (acuerdo) No. 4085 of 2 July 2001, in accordance with Legislative Decree No. 147 of 21 April 1994 on the reorganization of the central administration of the State. The Committee would be grateful if the Government would provide a copy of Decree No. 4085 and of any other text adopted on the matters covered by the Convention, including, where appropriate, the organization of the central administration of the State.

The Committee also notes with interest the establishment of the National Social Security Institute (Legislative Decree No. 220 of 21 June 2001) and the National Labour Inspection Office (Decision No. 47 of 19 December 2001). It would be grateful if the Government would provide a copy of these two texts and of any texts relating to the competence and organization of the National Training and Development Centre and the Institute of Labour Studies and Research, to which it refers in its report.

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The Committee notes the Government’s report for the period ending 31 May 2004 and the information provided in reply to its previous comments.

According to the Government, the economic, financial and trade difficulties that the country has been confronted with for more than four decades are the principal obstacle to the purchase of the materials and equipment necessary for the computerization and systematic operation of social security and other fields covered by the Ministry of Labour, and to the establishment of a computer network. With reference to its previous comments, the Committee however notes with interest that the establishment of the Ministry of Labour and Social Security improved the operation of the labour administration system, particularly in the field of employment policy; the coverage of the social security system; the provision of guidance and social prevention for families, young persons and the disabled; and the extension of social protection to working mothers. The Committee hopes that the Government will be in a situation to provide information in its next report on further progress achieved in the operation of the labour administration system.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the Government’s report for the period up to 31 May 1999. It notes that in accordance with article 10 of Decree-Law No. 147 of 21 April 1994 the State Committee of Labour and Social Security was transformed into the Ministry of Labour and Social Security. The Committee also notes the information concerning the organizational structure of this Ministry that currently consists of the Directorate of Labour Resources; of Salaries; of Social Security; of Assistance and Social Prevention; of Inspection and Labour Protection; of Legal Affairs and International Relations; of Personnel and Cadres; of Internal Administration; and the Institute of Labour Studies and Research. The Committee would be grateful if the Government could indicate whether the creation of the Ministry of Labour and Social Security has resulted in a more efficient operation of a system of labour administration (Article 4 of the Convention) and whether any practical difficulties have been encountered in the process of implementation of this reform.

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The Committee notes the Government's most recent report and the information contained therein regarding the adoption of Decree-Law No. 147 of 21 April 1994 on the reorganization of the central administration of the State. The Committee would be grateful if the Government would send a copy of the said Decree-Law which has not yet reached the Office. Please communicate, as promised in the Government's report a copy of the official text providing for the structure and functions of the Ministry of Labour and Social Security as soon as it is adopted. The Committee would also be grateful if the Government would provide more particulars regarding these changes and how they affect the effective functioning of labour administration in practice.

[The Government is asked to report in detail in 1996.]

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