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

Minimum Age Convention, 1973 (No. 138) - Cuba (Ratification: 1975)

Article 3, paragraphs 1 and 2, of the Convention. Determination of hazardous types of work prohibited for young persons under 18 years of age.  In its previous comments, the Committee noted that, although the provisions of section 225 of the Labour Code prohibit young persons under 18 years of age from carrying out certain hazardous work, the scope of this provision is not sufficiently broad to cover all types of hazardous employment or work within the meaning of the Convention. The Committee however noted that, under section 192 of the draft Labour Code, young persons under 18 years of age may not be engaged in work which: exposes them to physical and psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to hazardous substances or conditions of temperature, noise or vibration harmful to their health and development.

The Committee also noted with interest that, under section 15(1) of Resolution No. 8/2005 issuing general regulations on labour relations of 1 March 2005 (hereinafter the General Labour Relations Regulations), young persons under 18 years of age may not be engaged in work which: exposes them to physical or psychological risks; is performed at night, underground or underwater; is performed at dangerous heights or in confined spaces; involves heavy loads, exposes them to hazardous substances or to conditions of temperature, noise or vibration harmful to their health and development. In this respect, the Government indicated that section 15(1) of the General Labour Relations Regulations reiterates the provisions of section 192 of the draft Labour Code. It added that employers’ and workers’ organizations, as well as the central state bodies, were examining the draft Labour Code. The Committee notes the Government’s indication that consultations are still being held concerning the draft Labour Code. The Committee once again hopes that the draft Labour Code will be adopted in the near future and requests the Government to provide information in this respect.

Article 9, paragraph 1. Penalties. The Committee noted that, although section 15(1) of the General Labour Relations Regulations prohibits the employment of young persons under 18 years of age on hazardous work, it does not establish penalties for the violation of these provisions. It requested the Government to indicate whether any violations of the provisions of section 15(1) of the Regulations had been reported by the labour inspectorate and, if so, to indicate the penalties served and the legal basis for such penalties. The Committee notes the adoption of Resolution No. 20/2007 issuing regulations respecting the national labour inspection system (hereinafter National Labour Inspection System Regulations). It also notes the information provided by the Government that, under sections 14 and 15 of the National Labour Inspection System Regulations, labour inspectors have to take the necessary measures where violations or situations contrary to the legislation are identified. Furthermore, under section 16 of the Regulations, the notification to the administration and the person found by the inspection to be in contravention of the labour legislation shall set out the requirement to take measures for the immediate rectification of the situation, without prejudice to penal or administrative liability.

The Committee also notes the Government’s indication that no infringement of section 15(1) of the General Labour Relations Regulations was observed during the labour inspections carried out in 2007. The Committee however reminds the Government that, under Article 9, paragraph 1, of the Convention, the competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. It observes in this respect that, to be in a position to take the necessary measures in the event that an infringement of the legislation is identified, including the imposition of penalties, it is necessary for penalties to be established in the legislation. The Committee therefore requests the Government to take the necessary measures to determine in the national legislation the penalties envisaged in the event of violations of section 15(1) of the General Labour Relations Regulations. It requests it to provide information in this respect.