Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Cuba (Ratification: 1952)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which responds to the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government in its report in relation to the promulgation of Act No. 116 of 20 December 2013 issuing the Labour Code and Decree No. 326 of 12 June 2014 issuing regulations for implementing the Labour Code. The Government indicates that section 20 of the Labour Code establishes that any contractual clause contrary to the law shall be considered null and void. Moreover, the Committee refers to its comments regarding the Employment Policy Convention, 1964 (No. 122), in which it noted recent developments in the country’s social and economic system as a result of the updating of the economic model. The Committee nevertheless once again notes that the Convention continues to be practically without effect. The Committee requests the Government to provide general information on the manner in which the Convention is being applied, including cases in which the conclusion of public contracts with private employers has been authorized, and the manner in which effect is given to Article 2 of the Convention in such cases. The Committee also requests the Government to send summaries of inspection reports, information on the number and nature of infringements reported and any other information relating to the application in practice of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the situation with regard to the application of the Convention hardly appears to have changed since its last comment in 1966, in which it noted that, according to the information provided by the Government, under the existing economic and social system, no public contracts were concluded with private employers. The Committee also noted that the administrative agreements concluded between public authorities and public bodies for public works or services merely dealt with technical matters, without affecting the conditions of work laid down in national legislation, and that these agreements did not include clauses of the kind provided for in Article 2 of the Convention. The Committee requested the Government to keep the situation under review and to report any development in regard to the application of the Convention.

The Committee is bound to note that the Convention continues to be practically without effect under the present conditions. The Committee understands that the economic and social system of the country has not been subject to change since the Committee’s last comment in 1966 in a way that would affect the application of the Convention. The Committee requests the Government to re-examine the possibility of adopting legislation that gives effect to the Convention in the event that the conclusion of public contracts with private employees is authorized and to keep it informed of any development in this respect.