Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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, for reasons of production of goods or supply of services, with the workers' agreement, in a number of branches, activities or workplaces, the replacement of holidays by supplementary remuneration. 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 the Government's reply that regulations on working time and holidays continue to be drafted. It requests the Government to indicate, in its next report, any progress made in this respect and to supply copies of any relevant legislative texts if enacted.

The Committee also observes that section 95 of the Labour Code provides that an employer shall ensure, if it postpones a worker's holiday, that the worker takes not less than seven days' paid leave during the working year. It requests the Government to supply copies of state labour inspection reports containing information and statistics on the enforcement of holiday provisions.