CMNT_TITLE

Holidays with Pay Convention, 1936 (No. 52) - Cuba (RATIFICATION: 1953)

In earlier comments, the Committee noted that section 98 of the Labour Code of 1984 expressly permits the State Labour and Social Security Committee to authorize the replacement of holidays by supplementary remuneration with the worker’s agreement for reasons of production of goods or supply of services in a number of branches, activities or workplaces. The Committee pointed out that such replacement of holiday leave by cash remuneration contravenes Article 4 of the Convention, which prohibits any agreement to relinquish the right to an annual holiday. The Committee notes from the Government’s reply that section 95 of the Labour Code, which provides that an employer shall ensure not less than seven days’ paid leave during the working year, if it postpones a worker’s holiday, is also applicable in case of exceptional measures in accordance with section 98. It further notes that for several years the authority vested in the State Labour and Social Security Committee under section 98 has not been exercised in practice. It notes that research is under way in order to amend the Labour Code of 1984 in the area of working time and rest, taking into account the observations of the Committee, to bring it into conformity with the real situation of the country. It hopes that the Government continues to undertake all efforts to amend the Labour Code in the near future and asks the Government to convey the new text to the Office when adopted.