Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the information provided by the Government in reply to its direct request.

Article 4 of the Convention. Nullity of agreements to relinquish the right to an annual holiday with pay. In its previous comments, the Committee concluded that section 98 of the Labour Code was not in conformity with Article 4 of the Convention, under which any agreement to relinquish the right to an annual holiday with pay shall be considered null and void. Under section 98 of the Labour Code, the State Labour and Social Security Committee may authorize the administration, on an exceptional basis and in certain sectors or activities, to grant one or more workers, with their consent, cash remuneration in lieu of their holiday leave and without any other period of rest. The Government indicates in its report that section 98 of the Labour Code remains formally in force pending the outcome of the procedure to amend the Code but that it is no longer applied in practice. The Committee hopes that the Government will include a provision, in the context of the reform of the Labour Code, for any agreement to relinquish an annual holiday with pay to be declared null and void. It requests the Government to provide information on any new developments in this regard.