Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Cuba (Ratification: 1954)

Referring to its observation, the Committee notes the annual report on labour inspection for 2009. It would be grateful if the Government would provide additional information on the following points.

Article 7 of the Convention. Requirements for applicants to the profession of labour inspector. Noting that the Government has not provided any information in reply to its previous request on this point, the Committee once again requests it to report the impact of the new requirements established by section 23 of Regulation No. 20/2007 to exercise the profession of labour inspector on the effectiveness of inspection activities.

Article 13. Measures to remedy violations. The Committee notes that the copy of Legislative Decree No. 246 sent by the Government upon the request of the Committee does not include subsections (b) and (c) of section 8, referred to in sections 52 and 54 of Decree No. 246 as relating to powers of injunction entrusted to labour inspectors. The Committee requests the Government either to provide a complete copy of Legislative Decree No. 246 or to take measures to correct the relevant provisions of the latter, if necessary.

Articles 20 and 21. Content of the annual report on labour inspection. Availability of basic information essential to evaluate the implementation of the Convention in practice. In its response to the general observation of 2009, the Government reports that in Cuba no sector of labour is excluded from the domain of the National Labour Inspection Office, in light of which no difficulties are encountered with regard to the coverage of the labour inspection system. Inter-institutional cooperation for the improvement of a register of workplaces liable to labour inspection is ensured by the system for the relations and exchange of information between the institutions. The Government also indicates that through the National Statistics Office (ONS), the body formally responsible for statistics in the country, the information on entities, on their organization, types and location in the various sectors of the economy is available, which is also accessible by the labour inspection service to ensure the effective discharge of its functions. The Committee would be grateful if the Government would take measures to ensure that more detailed information is included in future reports on labour inspection, to the extent possible, in accordance with the guidance provided in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), so as to allow it to evaluate the level of application of the Convention. The Government is also requested to describe the nature of the system of relations and the exchange of information between the institutions that ensures inter-institutional cooperation for the improvement of a register of workplaces liable to inspection.

The Government is also requested to ensure that the annual report is published in accordance with Article 20 and to inform the ILO of the measures taken and the results achieved to this end. The Committee draws the Government’s attention to paragraph 331 of its General Survey of 2006 relating to the objectives of the publication of the annual report.