Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Cuba (Ratification: 1954)

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Observation

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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.