Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and recalls that its previous comments referred to: (1) the need to delete from the Labour Code of 1985 the reference to the "Confederation of Workers" (sections 15 and 16); (2) the need to amend Legislative Decree No. 67 of 1983 (section 61), which confers on the above Confederation of Workers the monopoly of representing the country’s workers on government bodies; and (3) various recommendations by the Committee on Freedom of Association requesting the Government to ensure that recognition of certain trade unions was allowed by law.

1.  Articles 2, 5 and 6 of the Convention.  Regarding the need to delete from the Labour Code of 1985 the reference to the Confederation of Workers, the Committee notes that the Government reports once again that the matter is being studied in the context of the draft revision of the Labour Code which involves broad consultations with the social partners. The Committee regrets, however, that the above draft has still not been adopted despite the Committee’s numerous requests to delete these references. The Committee emphasizes yet again that trade union pluralism must remain possible in all cases. Therefore, the law should not institutionalize a de facto monopoly; even in a situation where at some point all workers have preferred to unify the trade union movement, they should still remain free to choose to set up unions outside the established structures should they so wish (see General Survey on Freedom of Association and Collective Bargaining, 1994, paragraph 96). The Committee therefore expresses the firm hope that the draft revision of the Labour Code will be adopted in the very near future and that account will be taken of this principle.

2.  Article 3.  With regard to the need to amend Legislative Decree No. 67 of 1983, which confers on the Confederation of Workers the monopoly of representing the country’s workers on government bodies, the Committee notes the Government’s observation to the effect that the abovementioned legislation has been amended by the sixth provision of Legislative Decree No. 147 of 1994. The Committee points out that the latter: (1) does not expressly repeal or amend section 61 of Legislative Decree No. 147; and (2) confirms, in its first provision, that "the organizational and operational bases established in ... Legislative Decree[s] No. 67 of 19 April 1983 ... shall remain in force in so far as they are not contrary to the provisions of this legislative Decree". The Committee also notes the Government’s statement that Agreement No. 2820 of 1995 is now in force and approves the functions of the Ministry of Labour and Social Security (formerly the State Committee for Labour and Social Security). The Committee observes, however, that the Confederation of Workers of Cuba is again referred to in the final provision of the abovementioned Agreement. The Committee urges the Government to amend the provision in question in order to guarantee the possibility of trade union pluralism, for instance by replacing the reference to the Confederation of Workers with the "most representative organization".

3.  With regard to the recommendations of the Committee on Freedom of Association in Case No. 1961 (see 320th Report, March 2000), in which the Government was asked to ensure that the law allow recognition of the Single Council of Cuban Workers (CUTC), the Committee notes the Government’s statement that in fact no such trade union organization exists and that the trade union officers referred to have not been elected. The Committee reiterates that the freedom, de facto and de jure, to establish organizations is the foremost among trade union rights and is the essential prerequisite without which the other guarantees enunciated in Conventions Nos. 87 and 98 would remain a dead letter (see General Survey, op. cit., paragraph 44). The Committee hopes that the necessary measures will be taken to ensure that all workers enjoy this right, both in law and in practice.