Minimum Wage Fixing Convention, 1970 (No. 131) - Cuba (RATIFICATION: 1972)

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Article 4(1) of the Convention. Adjustment of minimum wages. In relation to its previous comments, the Committee notes the indication in the Government’s report that Decision No. 11 of 2005 of the Ministry of Labour and Social Security, establishing the minimum wage, has been repealed by Decision No. 29 of 2020 of the same Ministry, which establishes the new minimum wage applicable in the country with the aim of implementing the approved increases, resulting from the transformation process in the distribution of the population’s income. The Committee takes note of this information, which responds to its previous request.

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Article 4(2) and (3) of the Convention. Consultations with organizations of employers or representatives of employers. With regard to its earlier comments, the Committee notes the Government’s indication that throughout the process of drawing up Decision No. 29 of 2020, approving the minimum wage in force in the country, consultations were held with the Confederation of Workers of Cuba (CTC) as the most representative organization of workers. In this context, the Committee requests the Government to take the necessary steps, within the framework of the functioning of the minimum wage fixing machinery, to ensure in future full compliance with the obligation to consult fully with the representative organizations of employers and workers concerned or, where no such organizations exist, representatives of employers and workers concerned, as provided by Article 4(2) and (3) of the Convention.

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

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

The Committee notes the Labour Code, issued by Act No. 116 of 20 December 2013, and the Regulations of the Labour Code, issued by Decree No. 326 of 12 June 2014.

Minimum wage

Article 4(1) of Convention No. 131. Adjustment of minimum wages. In its previous comment, the Committee noted the adoption of Resolution No. 11 of 23 April 2005 of the Ministry of Labour and Social Security determining the level of the minimum wage. The Committee notes the Government’s indication in its report that this Resolution is still in force. Recalling that the Convention requires that the minimum wage system allow the adjustment from time to time of minimum wages, the Committee requests the Government to provide information on the most recent studies conducted to assess the need to adjust the minimum wage with a view to maintaining its level in accordance with the socio-economic situation of the country.

Article 4(2) and (3). Consultations with organizations of employers or representatives of employers. The Committee notes that section 113 of the Labour Code provides for consultation of the relevant trade union organizations for the fixing of minimum wages. The Committee recalls that the Convention provides for the consultation, in connection with the operation of the minimum wage-fixing machinery, of both the representative organizations of workers concerned and of employers or, where no such organizations exist, representatives of workers and employers concerned. The Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to these provisions of the Convention.

Protection of wages

Article 3(1) of Convention No. 95. The Committee notes that neither the Labour Code nor its Regulations contain provisions prohibiting the payment of wages in the form of promissory notes, vouchers, coupons or in any other form alleged to represent legal tender. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this provision of the Convention.

Conditions respecting the payment of wages agreed in the employment contract or collective agreement. The Committee notes that section 114 of the Labour Code provides that wages shall be paid in Cuban pesos at least once a month, at specified periods, with the exception of those components of remuneration conditional on increased efficiency, which shall be paid under the terms and conditions agreed by the parties in the employment contract or collective labour agreement. The Committee requests the Government to provide detailed information on the terms and conditions that may be agreed by the parties in accordance with section 114 of the Labour Code.

Article 6. Freedom of workers to dispose of their wages. The Committee notes that neither the Labour Code nor its Regulations prohibit employers from limiting in any manner the freedom of workers to dispose of their wages. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention.

Article 8. Deductions from wages. The Committee notes that section 85 of Ministerial Resolution No. 27/06, to which it referred in its previous comments, was repealed by Decree No. 326 of 2014 (the Regulations of the Labour Code).

Article 9. Prohibition of any deduction from wages with a view to obtaining or retaining employment. The Committee notes that neither the Labour Code nor its Regulations prohibit deductions from wages with a view to ensuring a direct or indirect payment made by a worker to the employer for the purpose of obtaining or retaining employment. Recalling that the Convention requires this prohibition, the Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention.

Article 11. Protection of workers’ claims in the event of bankruptcy or judicial liquidation. The Committee notes that neither the Labour Code nor its Regulations contain provisions covering this matter. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to this Article of the Convention.

Article 13. Place where wages shall be paid. The Committee notes that neither the Labour Code nor its Regulations specify the place where wages shall be paid. The Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Article 13 in this regard.

Article 15(d). Records of wages. The Committee notes that neither the Labour Code nor its Regulations establish the requirement to keep a record of wages. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to this provision of the Convention.

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The Committee notes the information provided in the Government’s report, in particular the adoption of Ministerial Resolutions Nos. 11/2005 of 23 April 2005 and 30/2005 of 25 November 2005 on minimum wage fixing and the establishment of a single pay scale for all occupational categories, respectively.

The Committee notes that, following the most recent adjustments, the national minimum wage has more than doubled and currently stands at 225 pesos (approximately US$10) per month. The Committee also notes the statistics indicating that, for the 11,925 inspections carried out in 2005, 28,989 violations of the labour law were recorded, 775 of which concerned the wage payment system.

With regard to collective bargaining, the Committee notes the Government’s explanations according to which collective labour agreements may contain clauses on payment conditions, possible allowances and wage supplements or other exceptional conditions of work, but may not provide for rates of pay lower than the minimum wage or will be deemed null and void.

The Committee would be grateful if the Government would continue providing general information on how the Convention is being applied, in particular extracts from official reports, statistics on the number of workers covered by the minimum wage system, details of the number and nature of infringements recorded and any other information relating to the application of the Convention in practice.

 

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The Committee notes the information contained in the Government’s report and requests it to provide additional information on the following points.

Article 1, paragraph 1, and Article 4, paragraph 1, of the Convention. The Committee notes the information provided by the Government on the minimum wage rates currently in force by occupational category, including the agricultural sector. The Committee requests the Government to indicate in its next report the laws and regulations establishing these rates and to transmit a copy thereof. It also requests the Government to provide statistics on the evolution of minimum wage rates by occupational category, and in particular on the frequency of their adjustment over recent years.

Article 2, paragraph 2. The Committee notes the Government’s statement that the provisions of collective agreements that are in violation of the law are null and void. In this regard, it requests the Government to explain whether this in any way detracts from the authority of collective labour agreements to fix rates of minimum wages higher than those fixed by decision of the Council of Ministers, in accordance with the provisions of this Article of the Convention which stipulates that the freedom to collective bargaining shall be fully respected.

Article 5 and Part V of the report form. The Committee notes the statistics provided by the Government on the number of inspections carried out and the violations reported in 2001 relating to wage payments. The Committee requests the Government to continue providing information on the application of the Convention in practice, in particular regarding methods of enforcement and sanctions imposed to ensure compliance with minimum wage rates.

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The Committee notes the information contained in the Government's report. It requests the Government to provide, in accordance with Article 2, paragraph 1, of the Convention read in conjunction with Article 5 and point V of the report form, general information relative to the practical application of the Convention, including its application in the agricultural sector, for example: (i) adjustments to the minimum wage rates in force; (ii) the relevant statistical data in respect of the number and different categories of workers who are subjected to regulations governing minimum wage rates; (iii) the reports of inspection visits (for example, the violations observed, the sanctions imposed, etc.).