Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Employment Policy Convention, 1964 (No. 122) - Cuba (Ratification: 1971)

The Committee notes the observations made by the Independent Trade Union Association of Cuba (ASIC), received on 30 March 2021, and the Government’s replies to those, received on 7 May 2021.

Articles 1 and 2 of the Convention. Implementation of the employment policy as part of a coordinated economic and social policy. The Committee notes the adoption of the new Constitution of the Republic of Cuba on 10 April 2019, which in section 31 establishes that work is a fundamental value of society that constitutes a social duty and right. In addition, section 64 recognizes the right to work and provides that persons fit to work have the right to obtain a decent job, in accordance with their choice, qualifications, capabilities and the demands of the economy and society. The Committee notes, however, that the Government does not provide information on the specific measures taken to promote full, productive and freely chosen employment, especially for particular categories of workers, such as women, young persons and persons with disabilities.The Committee therefore requests the Government to provide detailed and up-to-date information on the nature, scope and impact of the specific measures taken to develop and adopt an active employment policy designed to promote full, productive and freely chosen employment in full compliance with the Convention. It also requests the Government to continue to provide detailed and up-to-date information on the impact of the employment policy and measures implemented, indicating to what extent they affect particular categories of workers, such as women, young persons, persons with disabilities and “available and interrupted workers” affected by the restructuring of the state sector.

Reassignment of workers. The Committee notes the information provided by the Government regarding the process of reassignment of state workers. The Government indicates that state sector workers may be declared “available” on several grounds established by law. In this regard, the Government indicates that alternatives to employment regulated by law are: permanent or temporary vacancies, both within and outside the enterprise, for which the worker meets the prerequisites and which need to be filled; own account activities; and the granting of land in usufruct and other forms of employment in the non-state sector. The Government indicates that the enterprise manager is responsible for finding other jobs for workers, but this does not preclude “available” workers from organizing their own transfers to another enterprise or activity. The Government also indicates that the enterprise manager prepares a written record of the proposal made to each worker, who has the right to accept it or not. The Government adds that when the workers consider that there have been breaches of the procedural formalities in determining their availability, they may submit complaints to the competent judicial bodies. Lastly, the Committee notes the Government’s reference to the adoption of several decrees concerning measures affecting labour and wages, aimed at addressing the impact of the COVID-19 pandemic on employment, such as transferring workers to other jobs and guaranteeing the wages of those who could not be transferred. The Committee notes that section 4 of Decree No. 65 of 2022 on labour and wage measures related to COVID-19 provides that an “interrupted” worker who does provide reasonable grounds for refusing a reassignment, in the view of the enterprise manager and after hearing the opinion of the trade union organization, shall not be afforded a wage guarantee during that period, without the termination of the employment relationship with the enterprise. In this respect, the Committee notes that, in its report under the Employment Service Convention, 1948 (No. 88), the Government indicates that in 2020, 74,147 workers were interrupted, 36 per cent of whom were reassigned (other jobs were found for 19 per cent and other jobs with different work were found for 17 per cent). The Government also states that 38,174 of these workers (51 per cent) were guaranteed their wages as they were not reassigned, while 9,064 workers were not guaranteed their wages as they refused the proposed reassignment without providing reasonable grounds.The Committee requests the Government to indicate how it is ensured that workers who are transferred to other jobs have been able to exercise their right to choose freely and without any pressure their new job, and how it is ensured that the new job enables them to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, pursuant to the principles set out in this Convention and to Article 1(5) of the Human Resources Development Convention, 1975 (No. 142). In addition, it requests the Government to provide detailed and up-to-date information on the application in practice of the legislation authorizing the reassignment of state workers, including Decree No. 65 of 2022, including information on the criteria used to determine that a worker’s refusal of a reassignment is justified or unjustified.

Labour market trends. The Committee notes the Government’s indication that, according to information from the National Statistics and Information Office, in 2020 there were 4,643,800 persons employed, 1,824,900 of whom were women. In the state sector, there were 3,094,400 persons employed (1,421,100 of whom were women), while in the non-state sector, there were 1,549,300 persons employed (403,800 of whom were women). The Government also indicates that in 2020 the unemployment rate was 1.4 per cent and that there was no underemployment in the country, as workers work the legally mandated hours and are paid in full in line with their performance.The Committee requests the Government to continue to provide up-to-date statistical information on the size and distribution of the labour force, in particular on the nature and extent of unemployment and underemployment, and trends thereof, disaggregated by age and sex.

Small and medium-sized enterprises. Cooperatives. In its previous comments, the Committee requested the Government to provide information on the impact of the authorization to work on one’s own account and of the expansion of non-state modes of production to increase productivity. The Committee notes the Government’s indication that, in 2020, of the 4,643,800 persons employed, 602,400 worked on their own account and 532,100 worked in cooperatives in the non-state sector. The Government also indicates that the conditions of employment in the non-state sector are maintained: agricultural and non-agricultural production cooperatives, credit and service cooperatives, basic units of cooperative production, land usufructuaries and own-account work. The Government states that non-agricultural cooperatives operate in the sectors of, inter alia, restaurants, personal and technical services, transportation, construction, fishery, and food production. The Committee notes, however, the Government’s general indication that the results of these activities have an impact on the gross domestic product (GDP) but does not provide statistical information in this respect. Nor does the Government provide information on the impact of the expansion of non-state modes of production aimed at increasing the productivity of the agricultural cooperatives. The Committee notes, nonetheless, that ASIC, in its observations, refers to the publication on 10 February 2020 of a list of the Economic Activities Classification System (CNAE) under the Ministry of Labour, which includes 124 economic activities for which own-account work is not authorized. ASIC reports that the adoption of this list restricts the freedom of citizens to freely choose the form in which to carry out their economic activities. The Committee notes that the list includes activities in many sectors, such as construction; wholesale and retail trade; automobile and bicycle repair; sugarcane processing; extraction of crude oil and natural gas; legal, architectural and engineering activities, veterinary activities; and arts, entertainment and recreational activities. ASIC emphasizes that this situation, alongside the current monetary policy, is pushing thousands of own-account workers into informality. The Government indicates that the allegations of restrictions on the free development of non-state sector activities are false. It emphasizes that this list constitutes progress and indicates that own-account work is authorized in all activities not included in the list. It states that previously only 127 own-account activities could be performed, whereas currently over 2,000 are authorized. It adds that, with a view to improving the exercise of own-account work, measures are envisaged to streamline the administrative procedure for issuing approval for own-account work, and to remove limitations on the number of activities permitted. These measures include the establishment of a “one-stop-shop” to provide information and advice, and to process applications, suspensions, cancellations and permits. The Committee requests the Government to provide detailed and up-to-date information on the nature, scope and impact of the measures adopted with a view to streamlining the administrative procedure for issuing permits for own-account work, and removing the limitations on the number of activities that can be performed by own-account workers. It also requests the Government to provide a copy of the latest list of activities that own-account workers may not perform. In addition, the Committee once again requests the Government to provide up-to-date statistical information on the impact of the authorization to work on one’s own account on the GDP of the country, particularly the contribution of the non-state sector cooperatives, and other initiatives that have been tried out to increase agricultural production.

Education and training. Since 2014, the Committee has been requesting the Government to provide information on the coordination of educational and vocational training policies with employment policies. The Committee notes once again the Government’s general indication that measures are being maintained to coordinate education and training policies with employment. The Committee also notes the adoption of Legislative Decree No. 350 on vocational training, of 25 October 2017, aimed at introducing regulations for the improvement of the operation of sectoral schools and training centres under state bodies and various national entities with a view to responding to the current needs of the Cuban economic model. The Committee also notes the adoption on 8 October 2019 of Decree No. 364 of 2019 concerning training and developing a skilled workforce, which sets out the scope of the responsibilities of state bodies and agencies, the corporate system and non-state forms of management relating to vocational training, career guidance, as well as training and developing a skilled workforce. The Committee also notes the Government’s indication that in 2020, 48,121 graduates with varying levels of qualifications entered the workforce.The Committee refers to its comments on the application of the Human Resources Development Convention, 1975 (No. 142) and requests the Government to send more detailed and specific information on how educational and vocational training policies are coordinated with employment policies and, specifically, on how the provision of training is coordinated with the demand for knowledge and skills, and the changing labour market situation.

Mariel Special Development Zone (ZEDM). The Committee notes that the Government merely reiterates that the main source of employment in the ZEDM is the construction sector, particularly the establishment of infrastructure and logistical services.The Committee once again requests the Government to provide up-to-date and detailed statistical information, disaggregated by sex and age, on the contribution of the ZEDM to the creation of productive and freely chosen employment, and on how worker protection in the ZEDM is ensured, especially with regard to particular categories of workers, such as women and young persons.

Article 3. Participation of the social partners. The Committee notes the Government’s indication that the fundamental legal regulations are subject to tripartite consultation processes, with one such example being the promulgation of the Constitution of the Republic of 2019. It adds that representative workers’ and employers’ organizations are also consulted during legislative processes concerning labour and social security. In this regard, the Government indicates that all measures applied in the process of preventing and addressing the COVID-19 pandemic were subject to consultation with representative workers’ and employers’ organizations.The Committee requests the Government to send detailed and up-to-date information, including specific examples on how the employers’ and workers’ organizations were consulted, and their views taken into account, in the development and implementation of employment policies and programmes. The Committee also requests the Government to provide detailed and up-to-date information on the nature, scope and outcome of those consultations.