Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Industry) Convention, 1919 (No. 1) - Cuba (Ratification: 1934)

Article 2 of the Convention. Weekly limit on hours of work. The Committee recalls its previous comment in which it noted that section 67 of the Labour Code sets the weekly limit on hours of work at 44 hours on average without however defining the reference period (that is, the number of weeks) over which these weekly hours should be averaged. The Committee recalls that the Convention permits the averaging of hours of work in either shift work (Article 2(c)) or in exceptional cases where the normal hours of work would be inapplicable (Article 5). The Committee therefore requests the Government to clarify whether section 67 of the Labour Code should be understood, in its literal meaning, as authorizing the variable distribution of working hours over a period longer than a week, in which case steps should be taken to ensure that the averaging of hours of work is authorized only in the limited cases provided for in the Convention and also that the applicable reference period is clearly established.

Article 6(2). Remuneration of overtime. In its previous comments, the Committee noted that section 78 of the Labour Code, which provides that overtime hours may be compensated either in the form of extra time off or in cash, is not fully consistent with the requirement of Article 6(2) of the Convention. In its latest report, the Government indicates that, in practice, overtime work is compensated by extra time off. The Committee again recalls that the Convention requires the payment of an extra 25 per cent overtime premium in all cases, irrespective of any compensatory rest. The Committee accordingly requests the Government to take all necessary action in order to bring the national law and practice into line with this Article of the Convention.

Article 7. List of exceptions to daily and weekly limits on hours of work. The Committee notes the Government’s explanations concerning the scope and purpose of Resolution No. 187/2006 which allows for exceptions to normal hours of work, particularly in the case of temporary, cyclical or seasonal activities, subject to approval from the Ministry of Labour and Social Security and prior agreement with the workers’ organization concerned. The Committee requests the Government to provide an updated list of all exceptions (categories of workers and types of establishments concerned and applicable working time arrangements) which may have been so far authorized pursuant to Resolution No. 187/2006.