Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Cuba (Ratification: 1936)

Article 6 of the Convention. Working hour limits – Exceptional cases. The Committee notes that, under section 3 of Resolution No. 187/2006 issuing regulations on working hours and periods, which applies to all branches of activity, the heads of work units are not limited by the normal hours of work (namely, eight hours per day and, on average, 44 hours per week) in a number of cases, particularly temporary, cyclical or seasonal activities, subject to approval from the Ministry of Labour and Social Security (clause (a)). It notes that such exceptions may also be established in “other cases provided for by law” (clause (f)). The Committee recalls that, under Articles 6 and 8 of the Convention, the limits fixed by Article 3 may only be exceeded in exceptional cases in which such limits have been recognized as inapplicable. The hours of work must then be fixed by regulations adopted after consultation of the employers’ and workers’ organizations concerned. In any case, average hours of work may not exceed 48 hours per week and the daily hours of work may not in any case exceed ten hours. It requests the Government to supply information on any exceptions granted on the basis of section 3 of Resolution No. 187/2006 in the commercial sector. The Government is also requested to indicate whether Resolution No. 128/83 of 10 December 1983 concerning opening hours of retail shops is still in force.

Article 7, paragraph 2. Temporary exceptions. The Committee notes that section 72 of the Labour Code allows the performance of additional work, in the form of a double day’s work, additional hours, or work during weekly rest days. It also notes that, under section 77 of the Labour Code, a worker may not be forced to work more than four additional hours for two consecutive days or work more than two double days in one week. However, the State Committee for Labour and Social Security may set other limits in the light of the nature of the work performed in certain sectors of activity. The Committee draws the Government’s attention to the fact that, under Article 7, paragraph 2, of the Convention, temporary exceptions may only be granted in specific cases, including in the event of an accident, to prevent the loss of perishable goods, to allow for special work such as stocktaking or to deal with cases of abnormal pressure of work. Furthermore, under Article 8 of the Convention, these exceptions must be provided for by regulations adopted after consultation of the workers’ and employers’ organizations concerned. The Committee requests the Government to indicate whether other legal provisions specify the cases in which the performance of additional hours is authorized. The Government is also requested to indicate whether a maximum number of additional hours per year has been established.

Article 7, paragraph 4. Remuneration of additional hours. The Committee notes that section 78 of the Labour Code provides that additional hours are to be remunerated in cash or compensated by extra time off at a rate to be determined by law. In this regard, the Committee recalls that Article 7, paragraph 4, of the Convention prescribes a rate of pay of at least 25 per cent extra for the additional hours, except in the case of accident, actual or threatened, force majeure, or urgent work to machinery. It requests the Government to indicate the measures taken to give effect to section 78 of the Labour Code.

Part V of the report form. The Committee requests the Government to give a general description of the way in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services indicating the number and nature of contraventions reported, and further details on the number of workers covered by the legislation.