Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cuba (Ratification: 1952)

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The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC) received on 4 March 2021, the Government’s reply received on 7 May 2021, as well as the observations of ASIC received on 22 September 2023 and the Government’s reply received on 29 November 2023. The Committee notes that, in its latest observations, ASIC alleges that: (i) there are obstacles to the recognition of collective bargaining agents, insofar as the approval of the National Labour Inspection Office is legally required for the registration of collective agreements; (ii) in the event of a disagreement between the parties involved in collective bargaining, the legal framework imposes compulsory arbitration and provides for the intervention of the authorities and the Workers’ Central Union of Cuba (CTC); and (iii) collective bargaining is not promoted as a result of the trade union monopoly of the CTC, overly detailed legal provisions on the process of concluding agreements and other limitations in practice. Noting that the Government’s latest communication does not provide answers to these questions, the Committee requests the Government to provide its comments in this respect.

Article 4 of the Convention. Collective bargaining in practice. In its previous comment, the Committee requested the Government to continue providing statistical information on the number of collective agreements concluded in the country, indicating the sectors of activity and the number of workers covered. The Committee notes the information provided by the Government, according to which 244 collective agreements have been concluded in the country in the following sectors of activity: public administration (12); agriculture, forestry and tobacco (25); sugar (14); food and fisheries (19); civilian defence (16); commerce, gastronomy and services (3); communications, IT and electronics (9); construction (17); culture (8); energy and mining (20); industry (43); health (4); transport and ports (39) and hotels and tourism (15). The Committee notes that the Government has not provided the number of workers covered by the above-mentioned agreements. Taking due note of the information provided, the Committee requests the Government to provide the requested information on the number of workers covered by such agreements and to continue providing statistical information on the number of collective agreements concluded in the country, indicating the sectors of activity and the number of workers covered.