Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

In previous observations, the Committee has commented that section 98 of the Labour Code of 1979 permits the State Labour and Social Security Committee to authorise, with the agreement of the workers, the replacement of holidays by cash in a number of branches or activities or for reasons of production or services. This is in conflict with Article 4 of the Convention, under which any agreement to relinquish the right to an annual holiday should be void.

The Committee notes from the Government's report that regulations on working time and holidays are being drafted, that they will take into account the Committee's comments, and that the Government will advise the Committee as soon as they have been approved.

The Committee hopes that the Government will soon take the measures necessary and that it will supply full particulars.