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

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

Previous comments on Convention No. 81: Direct request and observation.

Previous comment on Convention No. 150: Direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

• Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Articles 10, 16 and 18. Sufficient number of inspectors. Inspections as frequent and thorough as necessary to ensure the effective application of the relevant legal provisions. Adequate penalties. the Committee notes the Government’s indication in its report that: (i) the number of staff in the labour inspection service decreased from 265 inspectors in 2015 to 223 inspectors in 2017; (ii) the number of inspections carried out rose from 266 in 2015 to 1,819 in 2017; (iii) the number of identified violations increased from 6,783 in 2015 to 7,573 in 2017; and (iv) the number of penalties imposed fell from 1,228 in 2015 to 1,085 in 2017. In this context, the Committee requests the Government to indicate the reasons which explain: (i) the increase in the number of inspections conducted between 2015 and 2017 despite the decrease in the number of inspection staff; and (ii) the decrease in the number of penalties imposed in this period despite the increase in the number of violations identified. The Committee also requests the Government to provide up-to-date information on the number of labour inspectors.

Article 13. Occupational safety and health prevention in high-risk activities. The Committee notes the Government’s indication, in reply to its previous comments, that: (i) in 2017, the National Labour Inspection Office (ONIT) carried out 1,819 inspections, in which it detected 2,978 infringements relating to occupational safety and health (OSH); (ii) the main infringements identified related to not ensuring safe and hygienic conditions for workers and violating the provisions regarding the supply of personal protective equipment where appropriate or providing it without meeting the relevant requirements; (iii) in these cases, the offender was notified in writing of the obligation to take action to put an end to the causes or effects of the infringement, with a deadline set for taking such action; orders were given to close four workplaces and immediately stop the operation of 21 items of equipment on account of their being dangerous and putting the health and safety of workers at risk; (iv) the 1,819 inspections carried out constituted not only a control operation but also an advisory exercise by the inspectors to resolve workplace issues, and this included prevention activities; and (v) in 2021, ONIT conducted 3,496 inspections (79 per cent of which focused on ensuring compliance with the measures adopted on account of the epidemiological situation) and detected 2,789 infringements, of which 13 per cent were OSH violations and the legally prescribed remedial measures were applied. The Committee requests the Government to continue providing information on any measures taken to order: (a) such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; and (b) the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 14. Industrial accidents and cases of occupational disease notified to the labour inspectorate. The Committee notes the information provided by the Government in the annual inspection reports for 2016, 2017 and 2018 on the number of registered industrial accidents and cases of occupational disease. It notes that the total number of accidents which occurred between 2015 and 2017 was 10,236, including 245 fatal accidents. The Committee also notes that during the same period registered cases of occupational disease increased from 93 in 2015 to 122 in 2017. The Committee requests the Government to provide up-to-date information on the number of industrial accidents and cases of occupational disease duly notified to ONIT, in accordance with Article 14 of the Convention.

Articles 16 and 18. Inspections of own-account workers. Infringements recorded and penalties imposed. The Committee notes the Government’s reference to the authorities which carry out inspections of own-account workers. The Committee requests the Government to provide information on the number of inspections carried out to ensure the enforcement of the legal provisions relating to workers employed under this regime and, if applicable, the infringements recorded and the penalties imposed.

Articles 20 and 21. Annual labour inspection report. The Committee notes that no copies of annual inspection reports have been received since 2018. The Committee urges the Government to take the necessary steps to ensure that annual inspection reports are published and transmitted regularly to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects listed in Article 21(a)–(g).

• Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Structure and operation of the labour administration system. Structure of the labour administration system. Further to its previous comments, the Committee notes the Government’s indication that Decision No. 7335 of 2012 of the Council of Ministers was cancelled by the entry into force of Decision No. 8332 of 2018 of the Council of Ministers, establishing the Directorate for the Control of Own-Account Work. The Government also indicates that Decision No. 9149 of 2021 approved the establishment of two directorates-general, 12 directorates, seven departments and one secretariat, giving a total of 22 organizational units, as the maximum possible number of organizational units in the central body of the Ministry of Labour and Social Security. The Committee requests the Government to indicate the functions of the Directorate for the Control of Own-Account Work and also of the organizational units of the central body of the Ministry of Labour.

Coordination and effective operation of the labour administration system. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken by the Ministry of Labour in 2021 to promote access to quality employment through flexible hiring and remuneration mechanisms. The measures included: (i) the adoption of the Regulations on remote work and telework; and (ii) flexible arrangements for labour hiring mechanisms and improvement of results-based payment systems; (iii) flexible arrangements for the wage scheme for workers in the business system; (iv) the application of piecework payment systems which stimulate individual contributions to units covered by special budget treatment; and (v) improvement of own-account work by establishing the operation of a digital platform for its control. The Committee requests the Government to continue providing information on the measures taken by the main labour administration services to ensure the coordination and effective operation of the labour administration system.

Article 5. Tripartite consultation, cooperation and negotiations. Further to its previous comments, the Committee notes the Government’s indication that, in accordance with the legislative process in the country, all regulatory provisions are subject to a public consultation process with workers and employers and to specialist consultations with experts. The Committee requests the Government to indicate in what manner and in what areas the consultations on which it reports take place.

Article 6(2)(b). Performance of the labour administration services in the field of employment for certain vulnerable groups. The Committee notes that the Government, in reply to its previous comments, provides information on: (i) the National Programme for the Advancement of Women, adopted by Presidential Decree No. 198 of 2021, which includes the implementation of periodic evaluations of employment needs and possibilities for women; (ii) the Decent Work Programme implemented with the participation of the Ministry of Labour, which includes projects to promote and facilitate access to quality employment and the sustainability of the social security system; and (iii) the establishment of the National Committee for the Follow-Up and Monitoring of the Application of the Provisions of the 2006 Convention on the Rights of Persons with Disabilities, which comprises representatives of bodies of the central state administration coordinated by the Ministry of Labour and the corresponding labour directors (sections 2 and 4 of Decision No. 940 of 2021). The above-mentioned Committee is responsible for organizing, overseeing, guiding and coordinating the work of the bodies and entities of the central administration and entities that play a major role in catering for persons with disabilities. It is also responsible for promoting and coordinating studies and scientific research into disability (section 5). The Committee requests the Government to continue providing information on the methods proposed for remedying the unemployment of women and other unemployed or underemployed persons and to indicate the impact of these methods on the basis of the periodic studies and reviews which are carried out, in accordance with Article 6(2)(b) of the Convention.

Article 10. Training for labour administration staff. Further to its previous comments, the Committee notes that, according to the statistical information provided by the Government on training for labour administration staff, between 2014 and 2022 a total of 63,639 employees received training on various subjects, including, inter alia, employment policy, organization of work, Cuban labour legislation and standards, gender rights, occupational safety and health, wages structures and social security. The Committee requests the Government to continue providing information on training activities for the above-mentioned staff, including subjects covered and the bodies which give the training.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 3(2), 13, 14, 20, 21(f) and (g) of the Convention. Occupational safety and health prevention in high-risk activities, and the annual inspection report. In its previous comments, the Committee noted that in order to address the issue of negligence by workers which, according to the Government, is the main cause of occupational accidents, the National Labour Inspection Office (ONIT), in conjunction with the Occupational Safety Directorate of the Ministry of Labour and Social Security and the trade unions, had implemented measures to raise the awareness of workers and train them in the field of occupational safety and health (OSH). Further technical assistance had been received from the ILO for various occupational risks. The Committee requested that the Government provide information on these measures and the results achieved, and also on the technical assistance provided by the ILO with regard to occupational risks. The Government indicates in its report that an information campaign on occupational risks is carried out every year (focusing on training, promotional activities, participation and communication and a preventive culture). Moreover, an awareness-raising campaign is conducted annually, concentrated around the National Occupational Safety and Health Day, with the active participation of the central state administrative bodies, enterprises, trade unions and entities, in order to increase the level of information and awareness of prevention, accountability and requirements relating to occupational risks. National Occupational Safety and Health Day also involves a variety of activities, such as workshops, presentations by workers, technicians and specialists on good practice, and national and local publications. The Committee notes with interest that these measures, together with ILO technical assistance by the provision of courses on risks in the agricultural, construction and electrical safety sectors, in which several entities have participated, have contributed to the reduction of injuries resulting from employment accidents in all sectors from 4,214 in 2013 to 3,802 in 2014, and of fatal accidents from 86 in 2013 to 70 in 2014. The Committee also observes that, in accordance with the information contained in the 2013 and 2014 inspection reports, cases of occupational disease (in all sectors) have fallen significantly from 147 to 76 between 2011 and 2014. The Committee observes, however, that according to the data in these reports, the main violations reported concern the provision of insufficient training on OSH, failure to remain up to date in the field of preventing occupational risks, and the lack of personal protective equipment. The Committee requests the Government to supply statistical information on the preventive activities carried out by the labour inspectorate through the provision of technical information and advice to employers and workers in workplaces in sectors in which this type of violation is more serious. The Committee also once again requests the Government to provide information on the application in practice of the measures envisaged in Article 13 of the Convention, with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers. It also requests the Government to provide a copy of any legal text serving as a basis for these measures.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC), received on 1 September 2015, and the Government’s reply.

The CSIC alleges that no independent organization has been consulted by a labour inspectorate and that the fact that the Workers’ Central Union of Cuba (CTC) is legally authorized to carry out labour inspections independently, constitutes another mechanism of control and repression of workers. In the CSIC’s view, the statistics on occupational diseases and accidents are unreliable. Although the labour legislation defining and regulating labour inspection is in compliance with international standards, this conformity is far from being reflected in practice. The CSIC alleges that the inspections to which self-employed workers are subject are a mechanism for repression, financial and tax penalties, and corruption, as confirmed by countless testimonies.

The Government indicates, in response to the allegations of the CSIC, that collaboration exists between officials of the labour inspectorate and employers and workers or their organizations, in accordance with the provisions of the Labour Code and its regulations, which demonstrates conformity with Article 5 of the Convention. It indicates that trade union organizations only conduct inspections to supervise and ensure compliance with occupational safety and health standards, as provided for in the Labour Code and supplementary legislation. They are not a mechanism for exercising repression of workers. The Government rejects the allegations that the statistics on occupational accidents and diseases are unreliable, and specifies that Legislative Decree No. 281 of 2011 establishes the principles for the organization and operation of the Government Information System. It also provides that the National Statistics and Information Office is responsible for the methodical management of information and application of the state policy on statistics. Information is updated on a quarterly and yearly basis. The Government also rejects the statement that it harasses self-employed workers. This form of non-state activity, which is a source of employment, was approved by the Guidelines for the Revolutionary Economic and Social Policy and, in 2013, Resolutions Nos 41 and 42, regulating this type of employment, were issued by the Ministry of Labour and Social Security. The Labour Code also contains regulations on this subject. Legislative Decree No. 315 of 2013 on individual violations of the regulations governing self-employment, specifies the violations, the measures applicable to offenders and the authorities empowered to impose them. The Committee requests the Government to provide information on the inspection visits concerning self-employed workers and where appropriate, on the violations reported and the penalties imposed.

Articles 12 and 15(c) of the Convention. Limitation of the principle of the right of labour inspectors to enter freely workplaces that are liable to inspection and the principle of confidentiality. In its previous comments, the Committee noted that sections 11 and 12 of the 2007 Regulations on the National Labour Inspection System require that, for all inspections employers must be provided with an inspection order containing certain information, including the purpose of the inspection. In this regard, the Committee requested the Government to adopt measures to ensure that the legislation is brought into conformity with Article 12(1), in conjunction with Article 15(c), of the Convention. The Committee notes with satisfaction that Decree No. 326 of 12 June 2014 issuing the Regulations under the Labour Code, repeals the above regulations.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 13, 14, 20 and 21(f) and (g) of the Convention. Occupational safety and health prevention in high-risk activities, and annual inspection report. The Committee notes the indication that (in order to tackle the issue of the negligence of workers who the Government claim to be the main cause of industrial accidents) the National Labour Inspection Office (ONIT), in conjunction with the Occupational Safety Directorate of the Ministry of Labour and Social Security and the trade unions, has implemented measures aimed at raising the awareness of workers and training them in the field of occupational safety and health, and that technical assistance has been received from the ILO with regard to various occupational hazards. The Committee requests the Government to send detailed information on the types of measures referred to above and on the results achieved, and also on the technical assistance provided by the ILO with regard to occupational hazards.

The Committee also requests the Government to supply statistics on injunctions which inspectors have imposed or have had imposed on the employer, in accordance with Article 13 of the Convention, including measures with immediate executory force, during the period covered by the Government’s next report.

With reference to its previous comments, the Committee also notes that the annual inspection report for 2011, as well as for 2010, both contain information on the sectors of activity in which a number of persons are employed who have been the victims of accidents but that such information is lacking with respect to many victims. The Committee requests the Government to supply the missing information regarding persons who were victims of occupational accidents in 2010 and 2011 and in respect of whom the sector of activity has not been specified in the annual inspection reports. The Committee also requests the Government to send information with its next report on cases of occupational disease for 2011, and to ensure that future annual reports include detailed information on the causes of occupational accidents and on the classification of cases of occupational disease.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report and the observations on the application of the Convention made by the Coalition of Independent Trade Unions of Cuba (CSIC) in a communication dated 30 August 2012. It also notes the Governments reply of 1 November 2012 to these observations.

The CSIC alleges that the labour inspectorate is more a mechanism of social control, intimidation and pressure than a mechanism for the protection of workers, and describes the lack of independence of the labour inspectorate vis-à-vis political pressure from the Communist Party, the Government and the Workers’ Union of Cuba (CTC). The CSIC considers that where the State is the sole employer it becomes impossible to apply the principle of independence laid down in Article 15(a) of the Convention and that, further to the recent possibility of working on a self-employed basis, labour inspectors have become the enemies of self-employed workers with a system of disproportionate fines which frequently gives rise to abuses that threaten the existence and further development of self-employment. The Government disputes the allegations made by the CSIC. The Government states that the CSIC is not a trade union organization and is not made up of Cuban workers. The Government also states that it fulfils its obligations strictly and that tripartite consultations are held before it sends its information. The Government declares that the labour inspectorate is not a mechanism for pressurizing or intimidating workers but, in accordance with section 296 of the Labour Code, it enforces the applicable legislation relating to labour, social security and occupational safety and health. The Government adds that self employed workers are not liable to inspection by this mechanism; it is a responsibility discharged by local government structures so that the provisions relating to aspects such as health, working conditions and transport in the branch of work concerned are observed. It points out that following long discussions involving the participation of Cuban citizens with diverse ideologies and religious beliefs from various sectors, a comprehensive process for the updating of the economic model of the country has been approved and this process recognizes and promotes, in addition to socialist state enterprises, other non-state modes of operation. The Government considers that it would therefore be contradictory, to say the least, to claim that the existence and development of the latter are under threat.

Articles 12 and 15(c). Restriction of the principle of inspectors’ freedom of access to workplaces liable to inspection and the principle of confidentiality. For a number of years the Committee has noted that sections 11 and 12 of the Regulations of 2007 on the national labour inspection system establish the requirement for inspectors, at the beginning of each inspection visit, to present to the employer a copy of a written inspection order indicating, among other things, the purpose of the inspection, and has asked the Government to adopt measures to ensure that the national legislation is brought into conformity with Article 12(1), in conjunction with Article 15(c) of the Convention. The Government reiterates that confidentiality with regard to complaints and their sources is maintained in practice and that no prior notification or order is presented to the employer in the case of surprise inspections resulting from a complaint or any other cause. However, the Committee points out that sections 12 and 13 of the abovementioned Regulations, which require inspectors, at the beginning of each inspection visit, to present the employer with a copy of a written inspection order indicating the purpose of the inspection (section 11), are contrary to the provisions of the Convention in this regard, namely Article 12(1)(a), which stipulates that labour inspectors must be empowered to enter freely any workplace liable to inspection, and Article 15(c), which establishes the principle of confidentiality with regard to complaints and their sources. The Committee further recalls that, according to Article 12(2), labour inspectors should be authorized to refrain from notifying the employer of their presence during an inspection visit if they consider that such notification may be prejudicial to the performance of their duties. The Committee therefore again requests the Government to ensure that measures are taken without delay to amend the legislation in such a way that it gives full effect to the Convention in this regard, and to send a copy of any legislative text adopted towards this end.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee draws the Government’s attention to the following points.

Article 7. Requirements for applicants to the inspection staff and for labour inspectors and supervisors. The Committee notes the information provided by the Government in relation to this provision. It indicates that section 23 of the Regulations on the system of national labour inspection supplemented or specified, in relation to the previous regulations, certain requirements to obtain and remain in the posts of inspectors and supervisors. Henceforth, applicants and officials will be required to have high-quality and professional experience and knowledge of the work to be performed (subsection (a)); organizational capacity, as well as the ability to plan and implement initiatives (subsection (c)); and proper labour discipline and optimal use of the working day (subsection (d)). The Committee requests the Government to provide information on the impact of increasing or specifying the requirements referred to on the recruitment of new labour inspectors and supervisors and on the situation of inspectors and supervisors who are in office, and on the effectiveness of inspection activities.

Articles 13, 20, and 21(f) and (g), and Part IV of the Labour Inspection Recommendation, 1947 (No. 81). Occupational safety and health prevention in high-risk activities, and annual report on the activities of the inspection services. Noting with interest the efforts made to gather the information contained in the annual inspection report, the Committee observes that of the total of 4,919 persons injured in 2010 in employment accidents, 688 worked in the manufacturing industry (with the exception of the sugar industry), 426 in construction and 256 in the sugar industry. The number of deaths caused by employment accidents over the same period was 13 in the manufacturing industry (with the exception of the sugar industry), 14 in construction and five in the sugar industry. The Committee observes that it is not clear in which sectors the 2,660 persons worked who suffered employment accidents during the course of 2010 and who were not included in the sectors referred to above, or in the other sectors mentioned in the annual labour inspection report (namely, the public health and social assistance sector, agriculture, stock-raising, hunting and forestry, and mining and quarries). The Committee requests the Government to provide clarification on this subject. It would also be grateful if the Government would indicate whether measures have been adopted or are envisaged to prevent the occurrence of employment accidents in the worst affected sectors and, if so, if it would indicate the role assigned to labour inspectors and supervisors in this context. Finally, the Committee invites the Government to ensure the inclusion in future annual reports of detailed information on the causes of employment accidents and the factors underlying the classification of cases of occupational diseases.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 6 of the Convention. The Committee notes with interest the information contained in the annual inspection report according to which, during 2010, priority was given to training and educational activities for labour inspection personnel through masters’ degrees, diplomas, postgraduate courses, communication, information technology and languages. The Committee would be grateful if the Government would provide information on the number of labour inspection staff who benefited from such training, the areas and educational institutions concerned, and the impact of these training activities on the operation of the labour inspection system.

Articles 12 and 15(c) of the Convention. Restrictions on the principle of the freedom of access of labour inspectors to workplaces liable to inspection and the principle of confidentiality. The Committee recalls that its previous comments related to sections 11 and 12 of the Regulations of 2007 on the system of national labour inspection, which establish the requirement for inspectors, at the beginning of each inspection visit, to present to the employer a copy of a written inspection order by the National Inspection Office, indicating the subjects and purpose of the inspection. In its report, the Government indicates that confidentiality with regard to complaints and their source is maintained in those provisions and that notification is not given prior to surprise inspections, for which reason it considers that the legislation is not contrary to the Convention, and that the inspection order does not constitute prior notice, but only notification of the presence of the inspector at the time that the inspection begins. The Committee reiterates that the obligation of labour inspectors to present to the employer, when they enter the establishment, not only the corresponding credentials, as provided for in Article 12(1), but also an order to conduct the inspection, is in total contradiction with Articles 12(1) and (2) and 15(c) of the Convention, and makes it impossible to guarantee the confidentiality of complaints and their sources (Articles 12 and 15(c)). Moreover, the Committee draws the Government’s attention once again to Article 12(2), according to which labour inspectors should be authorized to abstain from notifying the employer of their presence during an inspection visit if they consider that such notification may be prejudicial to the performance of their duties. The Committee therefore urges the Government to ensure the adoption without further delay of the necessary measures to bring the national legislation into conformity with Articles 12(1) and (2) and 15(c) of the Convention in this respect. The Committee would be grateful if the Government would provide a copy of any relevant legal text as soon as it is adopted.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Article 12(1) and (2) of the Convention. Restrictions on the freedom of action of labour inspectors in relation to the inspection of workplaces. In its previous comment, the Committee noted that the Regulations on the System of National Labour Inspection of 2007 maintain the requirement of the communication to the employer of a written inspection order specifying the purpose of any inspection (sections 11 and 12), which is contrary to Article 12(1) and (2). In its report, the Government refers to section 10 of the Regulations, which provides that information on inspections, as a general rule, is not communicated to the entities to be inspected before starting to carry out the inspection visit. It also reports that labour inspectors may, after having presented their identity papers and handed in the order for inspection, enter at any time of the day or night any establishment subject to inspection. While taking due note of section 10 of Resolution No. 20/2007 referred to by the Government, according to which in general the inspections are not notified in advance to the bodies concerned or the body they depend on in case of unexpected inspections, the Committee notes with concern that labour inspectors are still required, once at the workplace, to present to the employer not only proper credentials as provided by Article 12(1), but also, an order for inspection, which is in total contradiction with the Convention, as it makes it impossible to guarantee the confidentiality relating to the complaints and their authors (Article 15(c)).

The Committee also draws the Government’s attention once again to Article 12(2), pursuant to which labour inspectors should be even authorized to refrain from notifying the employer or his representative of their presence on the occasion of an inspection if they consider that such a notification may be prejudicial to the performance of their duties.

Referring the Government to its previous request on this issue, the Committee once again requests the Government to take measures rapidly to bring the legislation into full conformity with the provisions of Article 12 in connection with Article 15(c) and keep the ILO duly informed of the progress made.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes the Government’s report for the period ending 31 May 2008 and the information provided in reply to its previous comments, as well as the attached copy of Resolution No. 20/2007 issuing new regulations governing the national labour inspection system. It also notes the adoption on 29 May 2007 of Legislative Decree No. 246 respecting violations of the labour legislation concerning protection, occupational safety and social security.

Article 3, paragraph 1(a) and (b), of the Convention. Scope of the competence and functions of the labour inspectorate. The Committee notes with interest that the legislation respecting wages has now been entrusted explicitly to the labour inspectorate under the terms of the regulations adopted by Resolution No. 20/2007 referred to above (section 1). It also notes that the labour inspectorate is no longer entrusted with competence in relation to self-employed workers and other persons who work outside a relationship of subordination, but that the scope of the inspectorate could be extended by supplementary legislation to other areas (section 3). Legislative Decree No. 246 respecting violations, measures for their elimination and the penalties applicable to those committing them, excludes from its scope of application Cuban commercial societies covered by Legislative Decree No. 166 of 15 July 1996. The Committee requests the Government to indicate the reasons for entrusting enforcement of the legislation respecting wages to the labour inspectorate and to specify the extent of its powers in this area.

Article 7. Requirements for applicants to the profession of labour inspector. The Committee notes with interest the new requirements established by section 23 of Regulation No. 20/2007 to exercise the profession of labour inspector and hopes that the Government will be able to report in due time their impact on the effectiveness of inspection activities.

Article 12, paragraphs 1 and 2. Restrictions on the freedom of action of labour inspectors in relation to the inspection of workplaces. With reference to its previous comment on this subject, the Committee notes that the 2007 Regulations maintain the requirement of the existence of a written inspection order specifying the purpose of any inspection, and the communication of this document to the employer (sections 11 and 12). The Committee is bound to emphasize once again that these conditions are contrary to the Convention, which envisages, following the introductory phrase of Article 12, paragraph 1(a), that inspectors shall be empowered to enter freely any workplace liable to inspection and, in accordance with paragraph 2, that they should be able to refrain from notifying the employer or his representative of their presence on the occasion of an inspection. Although it notes the Government’s explanations that the freedom of entry and investigation of inspectors is not hindered by the provisions in force, the Committee requests the Government to take measures rapidly to bring the legislation into conformity with the Convention in this respect.

The Committee notes the content of section 32 of the repealed text, under the terms of which those liable to inspection shall be informed of the date of the inspection where it is not a surprise inspection, has not been reproduced in the 2007 Regulations in the corresponding section 31. The Committee would be grateful if the Government would indicate the reasons for the removal of this provision.

Article 13. Measures to remedy violations. The Committee notes with interest that, under the terms of section 15(b) of the 2007 Regulations, those responsible for violations identified by the labour inspectorate are required, in addition to the same obligations as those set out in the repealed Regulations (of 2002), to send a copy of the measures planned to the National Labour Inspection Office (ONIT). It notes that sections 52 and 54 of Legislative Decree No. 246 refer respectively to section 8, subsections (b) and (c), but the text available in the ILO does not include the subsections indicated on the requirement to take measures (injunctions), but does include those repeating the principal and auxiliary sanctions applicable in the case of violations. The Committee would be grateful if the Government would keep the ILO informed of the impact in practice of section 15(b) of the 2007 Regulations and the action taken by the labour inspector competent in technical or territorial terms in respect of employers that are in default. It requests the Government to provide a complete copy of Legislative Decree No. 246.

Article 17, paragraph 2. Discretion of labour inspectors on the action to be taken on relation to a violation. The Committee notes with interest that effect is given to this provision by section 12 of Legislative Decree No. 246. It would be grateful if the Government would provide information on the manner in which effect is given in practice to this provision by all labour inspectors, and on its impact in relation to the objectives of the Convention.

Articles 20 and 21. Annual report on labour inspection. The Committee notes the Government’s commitment to ensuring that the guidance provided in Recommendation No. 81 is taken into consideration in future for the preparation of the annual inspection report. Noting that the last annual inspection report received covered the year 2005, the Committee reminds the Government that such a report should be published and communicated by the central authority within the time limits set out in Article 20, and it would be grateful if the Government would take the necessary measures for this purpose.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report containing information in response to its previous request, and the annual inspection report for 2005. It also notes the regulations of 11 September 2002 on the national labour inspection system and the article on labour inspection which appeared in the Gaceta Laboral (Labour Gazette) of the Ministry of Labour and Social Security.

1.  Articles 20 and 21 of the Convention. Annual inspection report. The Committee notes with interest the indication, in response to its previous comments, that the annual inspection report is published and circulated to employers, workers and any other persons concerned. However, the Committee draws the Government’s attention to the guidelines set forth in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), which supplements the Convention, concerning the manner in which to present and group together the information required under Article 21, paragraphs (a) to (g), so as to facilitate its use for the purposes of assessing and improving the functioning of the labour inspection system.

2. Articles 3, 6, 12 and 15. The Committee notes with interest section 21 of the regulations of 2002 on the national labour inspection system, pursuant to which it is forbidden for the labour and social security inspector and supervisor to perform any other work or activities liable to affect directly or indirectly the interests or the public image of the National Labour Inspection Office (ONIT). Pursuant to this text, inspectors and supervisors may, however, perform activities on their own account or other activities which do not involve their subordination, or occupy another post and engage in other remunerated employment, providing they have the express authorization of the service in which they are employed.

The Committee also notes that, pursuant to section 26 of the abovementioned regulations, labour inspectors may be appointed on a provisional basis if they do not fulfil the requirements in respect of competency, qualifications, and skill set forth in paragraphs (a), (b) and (c) of section 24. The Committee would be grateful if the Government would indicate the scope of the powers and obligations of these agents and indicate the manner in which it envisages putting an end to the provisional nature of their duties.

The Committee notes with interest the introduction, in section 30 of the same text, of a provision classifying as an infringement of discipline, for inspection staff, the act of accepting or requesting, in the exercise of their duties, or because of these, presents, donations, offers or promises. It notes that acts or behaviour defined by the internal discipline regulations of the ONIT are also considered as infringements of discipline. The Committee asks the Government to provide a copy of this text.

The Committee notes that, pursuant to sections 12 and 13 of the same regulations, the inspector shall be authorized to carry out an inspection by an inspection order issued by the competent authority and containing full information, including the reason for the inspection, and present this written order to the employer or his representative at the start of the visit. The Committee considers that these provisions restrict the right of inspectors to enter freely and without any previous notice any workplace liable to inspection, as envisaged in Article 12, paragraph 1(a), of the Convention. The Committee emphasizes that the inspector’s right to enter freely may extend, in accordance with paragraph 2 of the same Article of the Convention, to the point of giving him the choice of not notifying the employer or his representative of his presence in the workplace if he considers that such a notification may be prejudicial to the performance of his duties. Moreover, the obligation to reveal the reason for the visit runs counter to Article 15(c) of the Convention, under which labour inspectors shall treat as absolutely confidential the source of any complaint and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee therefore requests the Government to take swift measures to ensure the full application of these provisions by making appropriate amendments to the relevant legislation.

With regard to Article 27(b) of the regulations, which limits the right of entry of inspectors to the working hours of the establishment, the Committee would be grateful if the Government would indicate the manner in which it is ensured that inspectors are authorized to carry out inspections relating to machinery and installations when such inspections cannot be carried out for security reasons in the presence of workers.

3. Parts IV and VI of the report form. The Committee notes the information contained in the Gaceta Laboral on the functioning and shortcomings of the labour inspection system and the outlook therefore. It would be grateful if the Government would continue to communicate the press articles published by the Ministry concerning any developments in this regard, in particular on any steps taken to correct the dysfunctions observed. Moreover, the Government is requested to indicate any comments that may have been made in this regard by employers’ and workers’ organizations.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Publication of the annual inspection report. The Committee notes the Government’s report and the useful information contained within in response to its previous request. It notes, however, that the Government does not state whether the annual report that it provides and which contains all of the information required under Article 21 of the Convention has been published, in accordance with Article 20. The Committee recalls the importance attached to the information contained in this report being accessible to all interested parties, in particular to organizations of employers and workers. It yet again urges the Government to indicate the measures taken or envisaged in order to ensure that the annual inspection report is published within the prescribed deadlines and transmitted to the ILO, in accordance with this important provision of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the annual inspection report for 2000. It requests the Government to provide additional information on the following points.

Articles 3, 10 and 16 of the Convention. The Committee notes that the staff of the inspection services fell for the first time between 1998 and 2000 from 701 to 670. According to the annual inspection report for 2000, this reduction is to be explained by a better geographical distribution of inspection activities. However, the staff reached 700 persons in 2001. The Committee also notes that in 2001 emphasis was placed in particular on inspections in the field of occupational safety and health, which almost doubled in relation to 1998, while inspections targeting self-employed workers were reduced by around two-thirds over the same period. The Committee would be grateful if the Government would provide information on the nature and purpose of inspections of self-employed persons, and the reasons for their substantial decrease during the period under consideration.

Article 4. The Committee notes that as from 2000, the former National Directorate of Labour Inspection and Protection has been divided into two distinct structures: the National Bureau of Labour Inspection (ONIT), responsible for labour inspection duties and reporting directly to the Ministry of Labour and Social Security, with offices in all the provinces, and the National Directorate of Occupational Safety and Health Policy. Noting that this restructuring was to result in a revision of the legislation that is in force, the Committee requests the Government to provide copies of any relevant text, as it has undertaken to do.

Article 7. The Committee notes with interest that the staff of the labour inspectorate receive training during 20 per cent of their working time in such fields as human resources management, occupational safety and health and informatics. It also notes the desire of the ONIT for the ILO to continue providing technical support, particularly for the training of inspection personnel. The Committee hopes that the Government will take this wish duly into account and that it will not fail to take the necessary steps for this purpose and to avail itself of international cooperation where necessary.

Article 18. With reference to its previous comments, the Committee notes that, according to the Government, the financial penalties applicable to self-employed workers for violations of the legal provisions, and the procedure for their revision, are appropriate in view of the economic situation of this category of workers. The Government is requested to provide information on the procedure for adjusting the amount of these penalties, and a copy of Legislative Decree No. 166 of 1996 respecting the fines which may be imposed on persons responsible for violations of the legislation in private sector enterprises.

Article 20. With reference to its previous comments, the Committee notes that the annual reports on the activities of the inspection services are broadly disseminated and that the media have published many analyses based on these reports. The Government is requested to provide copies of these documents.

Article 21(g). The Committee notes that the annual inspection report for 2001 shows a general decrease of 9.7 per cent in cases of occupational disease in relation to 2000. However, noting a substantial increase in the number of cases of certain occupational diseases over the same period which, according to the report, can be explained by negligence in wearing personal protective equipment provided free of charge to workers, the Committee requests the Government to indicate the measures which have been taken or are envisaged to encourage workers to be more aware of the need to take responsibility in this respect.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the detailed information provided by the Government in its reports in reply to the Committee’s previous comments, as well as the attached documentation. In particular, it notes with interest that women constitute around 33 per cent of the total staff of the labour inspection services; that the wages of labour inspectors are higher than those of other workers in the public administration; that training is provided to each of them in relation to the branches of activity which they supervise within their specialization; and that the premises, means of transport and transport facilities, as well as compensation for expenditure on transport, meals and accommodation made available to labour inspectors are satisfactory.

The Committee notes that Legislative Decree No. 174 of 9 June 1947, determining offences against the legal provisions governing self-employed workers, sets the amount for the penalties applicable in the event of such offences, although a special provision provides that their amount may be revised by the Executive Committee of the Council of Ministers. The Committee emphasizes the value of establishing a rapid procedure for revising the monetary value of penalties with a view to ensuring that, even in a situation of monetary inflation, such sanctions remain sufficiently dissuasive, and it would be grateful if the Government would provide information and a copy of any relevant official text showing that the arrangement for the revision of penalties by the Executive Committee of the Council of Ministers meets this objective.

The Committee notes with interest that the annual inspection reports for 1996 and 1998 contain information on each of the subjects enumerated in Article 21, including statistics on cases of occupational disease, and it hopes that such complete reports will continue to be issued by the central inspection authority. However, the Committee notes that the annual report for 1997 has not been received by the ILO and that there is nothing to show that the reports which are transmitted have been published, and it reminds the Government that the publication of such reports is a requirement under the terms of Article 20, which also sets out the relevant time limits. The Committee would be grateful if the Government would take all appropriate measures relating to the requirements of this provision so that the information contained in these reports is accessible to any interested party and may give rise to reactions and comments, particularly by employers’ and workers’ organizations, in a constructive spirit. The Government is requested to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period from 1 July 1995 to 31 May 1997 as well as the adoption of Joint Resolution No. 2/96 of the Ministry of Public Health and the Ministry of Labour and Social Security, dated 18 December 1996. The Committee notes with interest that this resolution includes the Director of the Inspection and Protection of Labour of the Ministry of Labour and Social Security of Cuba among the authorities that shall be mandatorily informed of cases of occupational disease.

The Committee requests the Government to provide in its next report information on the following points:

Article 6 of the Convention. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Cuba.

Article 8. Please indicate the percentage of women appointed to the inspection staff in general and to each of the levels indicated in the annual report of the National Labour Inspection (municipal inspectors, provincial supervisors, national supervisors) in particular.

Article 9. The Committee asks the Government to indicate the measures taken or envisaged in order to secure that qualified technical experts and specialists are associated in the work of the labour inspection.

Article 10. The Committee asks the Government to provide information on the actual number of labour inspectors and their distribution among the capital and particular regions.

Article 11. The Committee asks the Government to indicate the geographical distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors.

Article 15. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a) of the Convention and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee notes that according to the annual report of the National Labour Inspection 1,455,681 inspection visits took place during 1996. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of initial and second inspection visits made and the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace.

Article 20. The Committee notes the copy of the annual report of the National Labour Inspection for 1996. The Committee asks the Government to indicate whether this report was officially published and what is the procedure for access to such report by an interested party.

Article 21. The Committee notes that the annual report of the National Labour Inspection for 1996 contains information about industrial accidents in 1996. The Committee hopes that the next annual report of the National Labour Inspection will contain information on the number of industrial accidents not only in comparison with the previous period, but also in absolute figures.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 14 of the Convention. The Committee notes the information provided in the Government's report to the effect that it is the responsibility of the State Health Inspectorate to undertake inspections relating to the application of health and anti-epidemic provisions, including investigations of cases of occupational diseases and any deficiencies and offences that are detected. In view of the fact that the objective of this provision of the Convention is the prevention of occupational risks, it is of fundamental importance that cases of occupational diseases are duly notified to the competent inspection services. The Committee would be grateful if the Government would indicate how such notification is carried out in practice.

Article 21(g). The Committee notes the information provided by the Government to the effect that work is continuing on the adaptation of the statistical system to the requirements of the Convention with regard to statistics of occupational diseases. The Committee trusts that, as a result of the negotiations between the Ministry of Public Health and the Ministry of Labour and Social Security, to which the Government referred previously, the necessary measures will be adopted so that future annual inspection reports contain statistics of occupational diseases.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 14, 20 and 21 of the Convention. The Committee notes the report communicated by the Government and the annual reports on inspection for the years 1989 and 1990. It points out that the purpose of notifying the labour inspectorate of occupational diseases is to enable the inspectors to carry out investigations in order to determine the causes of those diseases and arrange for the necessary measures to be taken to prevent similar cases arising. The Committee trusts that the negotiations between the Ministry of Public Health and the State Committee on Statistics will be fruitful, so that diagnosed cases of occupational disease may be notified; and that the next annual report on labour inspection will include the appropriate statistics.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. The Committee takes note of the 1987 and 1988 annual inspection reports. It requests the Government to state whether these reports have been published and made available to the authorities, organisations and persons concerned. Furthermore, the Committee requests the Government to indicate whether progress has been made in introducing the statistical information system (referred to by the Government in its 1987 report) which would enable statistical data on occupational diseases to be included in the annual inspection reports (Article 21(g)).