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Cuba - Working time - 2011


LAST UPDATE

20 October 2011
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SOURCES


Name of Act

Law No.49 promulgating the Labour Code, of 28 December 1984 (Gaceta Oficial, No. 2, 23 Febaruary 1985, p. 17), as amended up to Law-Decree No. 268 modifying the labour regime, of 26 June 2009.
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Name of Act

Political Constitution of February 1976, as amended 26 June 2002

Name of Act

Resolution No. 19/2008 issuing the arrangements on part time work, of 11 March 2008.

Name of Act

Resolution No. 187/2006 on working time of 21 August 2006.

Name of Act

Law-Decree No.189 promulgating the 25th of December a public holiday, of 4 December of 1998.

Name of Act

Law-Decree No.254 promulgating the 31st of December and the 2nd of January of each year a public holiday, of 18 September 2007.

Name of Act

Resolution No.177/67 issuing an emergency leave in case of a family member death, of 13 October 1967

Name of Act

Resolution No.1/66 issuing an emergency leave in case of rendering services of first aid in the occasion of agricultural seasonal works, of 1 January 1966.

Name of Act

Resolution No.1121/82 issuing an special leave in the occasion of blood donation, of 21 January 1982

Name of Act

Resolution No.1/91 of the CETSS promulgating the schedules of 1991 for undertakings working in alternative saturdays, of 2 January of 1991.

Name of Act

Resolution No.8/2005 promulgating the general regulation on labour relations, of 1 March of 2005.

LEGAL DEFINITIONS


Working time/working hours

Working time is the period of time during which the worker is carrying out his labour duties of production and rendering of services.
Labour Code Art.66 (a)
Resolution No. 187/2006 Art.1

Employer

"Labour Entity" shall mean:
a. the central state administration, state organizations and where applicable their administrative branch offices and other units financed by the national budget;
b. state undertakings or unions thereof;
c. the undertakings and units responsible to political, social, and mass organizations;
d. farming and stockbreeding production co-operatives and their organizations, as regards non-member workers;
e. private-sector undertakings and proprietors, as regards employees;
f. any other body having legal capacity to establish labour relations.
Labour Code Art.7

Overtime/overtime work

Overtime is the time exceeding the ordinary working time authorized by the labour administration.
Labour Code Art.72

Night work(er)

"Night work" shall mean the work performed in the interval between 10pm and 6am.
Resolution No.1/91 Footnote

Young worker

Young workers are workers over 15 or 16 up to 17 years old, who are exceptionally authorised to perform work, with the purpose of increasing their skills for a better adaption to the labour life and contributing to the continuous development of the proffesional training and cultural improvement.
Labour Code Art.220
Resolution No.8/2005 Art.14

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal duration of the day work is 8 hours.
Labour Code Art.67
Resolution No. 187/2006 Art.1
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

The heads of labor entities may impose different working hours than the normal, in the following cases and conditions:
a) in the case of seasonal work and work involving conditions that may affect to the health and safety of workers, upon approval of the Ministry of Labour and Social Security.
b) young people from 15 or 16 years old, exceptionally authorized to work by the Director of Municipal Labour.
c) to persons with disabilities, upon authorization of the Provincial Director of Labour.
d) workers who have partial disability, prior medical opinion.
e) working mothers during leave for stomatology care and nursing, as set out in the maternity protection legislation.
f) other cases provided by law.
Labour Code Art.69
Resolution No. 187/2006 Art.3

Special categories


» Young workers

Young Workers shall not perform work for more than 7 hours per day, unless the nature of the work is in the public interest and under exceptional circumstances.
Labour Code Art.222

Weekly hours limit


General limit

The normal duration of the workweek is 44 hours.
Labour Code Art.67
Resolution No. 187/2006 Art.1
Historical data (year indicates year of data collection)
  • 2009: 44 hours on average
  • 2007: 44 hours on average
  • 1995: 44 hours.

Exceptions

The heads of labor entities may impose different working hours than the normal, in the following cases and conditions:
a) in the case of seasonal work and work involving conditions that may affect to the health and safety of workers, upon approval of the Ministry of Labour and Social Security.
b) young people from 15 or 16 years old, exceptionally authorized to work by the Director of Municipal Labour.
c) to persons with disabilities, upon authorization of the Provincial Director of Labour.
d) workers who have partial disability, prior medical opinion.
e) working mothers during leave for stomatology care and nursing, as set out in the maternity protection legislation.
f) other cases provided by law.
Labour Code Art.69
Resolution No. 187/2006 Art.3

Special categories


» Young workers

Young Workers shall not perform work for more than 40 hours per week, unless the nature of the work is in the public interest and under exceptional circumstances.
Labour Code Art.222

OVERTIME WORK


Criteria for overtime


General

Workers cannot be obliged to perform overtime work unless in emergency situations and in specific cases of double shifts.
These situations include a) important tasks for the defense of the country, or to eliminate the consequences of a public disaster or accident of production; b) implement urgent repair work or move property, when the bad state of the same endanger life or health of workers or the population; c) perform urgent works to avert the shutdown of production or services or their implementation; d) perform urgent tasks for the restoration of public services or repair the consequences of natural disasters affecting such services; e) in double shifts to meet the unforeseen absence of workers whose work could not be discontinued in those occupations where so agreed in the collective agreement; j) intense or seasonal work that must be satisfied by a given date, where it is impossible to increase the number of workers, for technical reasons or due to lack of workforce.
Labour Code Art.76 (a)(b)(c)(ch)(d)(e)(j); Art.77

Limits on overtime hours


General limits

No worker may be required to perform more than 4 overtime hours over a two day period and 160 hours per year.
Labour Code Art.77
Historical data (year indicates year of data collection)
  • 2009: 4 hours over a two day period and 160 hours per year.
  • 2007: 4 hours per day every 2 consecutive days and 160 hours per year Individual workers cannot be required to work overtime more than twice a week.
  • 1995: 4 hours in 2 consecutive days. 160 hours per year.

Restrictions/exceptions

The Labour and Social Security State Committee, considering the opinion of the Central of workers, can establish different limits to overtime work.
Labour Code Art.77

Compensation for overtime work


Overtime rate(s)

Overtime work may be remunerated in cash or with a compensatory rest.
Labour Code Art.78
Historical data (year indicates year of data collection)
  • 2009: Cash payment or compensatory rest.
  • 2007: Cash payment or compensatory rest
  • 1995: At the same rate as normal hours of work.
  • 1995: At the same rate as nromal hours of work..

Exceptions

Managers and workers holding responsible positions are excluded from the compensation for overtime work.
Labour Code Art.78

Compensatory rest

Workers who perform overtime work may be entitled to enjoy a compensatory rest, but in that case a compensation in cash is not applicable.
Labour Code Art.77

Special categories


Pregnant workers/recent birth

Pregnant workers or mothers with children up to one year old cannot be obliged to perform overtime work.
Labour Code Art.215

SCHEDULES


General

The schedule of working hours is an organizational measure taken to comply with the working day in which it shall be expressed the start and finish of such hours, as well as the breaks for lunch or dinner, as applicable.

Different working hours may be scheduled in the same labour entity, according to the different areas, departments or posts in relation to the technical, technological or organizational requirements of the production or the services.

Working hours are generally scheduled by the State Committee for Labor and Social Security and by the provincial bodies of People’s Power. However, in some cases, it can be also scheduled by the head of the labour entity, after authorization of the administrative State body and with the participation of the trade unions.

The administration of a labour entity, may exceptionally authorise the workers who so request to leave the working place within the working hours for doing any formality in a service entity to the public, if this cannot be done in other moment. This leave is not paid.
Resolution No. 187/2006 Art.5,6,7,11
Labour Code Art.71

REST PERIODS


Rest breaks


General provisions

Every worker is entitled to enjoy half an hour of rest per day that they can use for their own rest or personal needs.
Labour Code Art.80
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to half an hour of rest per day that they can use for their own rest or personal needs. They are also entitled to a weekly rest period of at least 24 consecutive hours
  • 2007: Workers are entitled to half an hour of rest in every 8 working hours that they will use for their own rest or personal needs.
  • 1995: 30 minutes during the 8-hour working day.

Daily rest periods

Relevant provisions on daily rest periods have not been identified.

Weekly rest periods


Duration


» General

Every worker is entitled to enjoy a weekly rest period of at least 24 consecutive hours.
Labour Code Art.82
Political Constitution of 1976 Art.46
Historical data (year indicates year of data collection)
  • 1995: 24 consecutive hours.

Day specified


» General

The weekly rest day is normally the Sunday.
Labour Code Art.82

» Exceptions

In those labour entities in which work cannot be interrupted due to the technical and organizational conditions of the production activity, or if they are required to render permanent services to the population or to other entities, the weekly rest day may be set out in another day different than Sunday.
Labour Code Art.82

Work on weekly rest day


» Criteria

In exceptional circumstances in which work cannot be interrupted due to the technical or organizational conditions of the production activity or both, the worker is entitled to enjoy the weekly rest day accumulated once these circumstances have finished.
Labour Code Art.82

Special categories


» Young workers

Young Workers shall not perform work during any rest day, unless the nature of the work is in the public interest and under exceptional circumstances.
Labour Code Art.222

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Workers are entitled to enjoy annual leave after 11 months of effective work.
Labour Code Art.88
Political Constitution of 1976 Art.46

Duration


» General

Every worker is entitled to enjoy one month of paid annual leave after 11 months of effective work.
Labour Code Art.88
Historical data (year indicates year of data collection)
  • 2009: 30 paid days.
  • 2007: Workers are entitled to 30 paid days.
  • 1995: 30 calendar days for a period of 11 months actually worked.

Payment


» Amount

Annual leave is paid.
Labour Code Art.88

» Date of payment

The vacation pay is to be made before the last working day before the beginning of its enjoyment.
Labour Code Art.93

Work during annual leave

The Labour and Social Security State Committee may exceptionally authorise that in case of production needs, in special sectors, subsectors or workplaces, one or several workers, if they voluntarily accept it, might work during annual leave.
The worker who performs work in his annual leave shall be paid doubled remuneration for these days.
Labour Code Art.98

PUBLIC HOLIDAYS


Number and dates

1 January-Revolution Day, 2nd of January-Victory of Armed Forces, 1 May- Worker’s day, 25 of July-Day before the Commemoration of the Assault of the Moncada garrison, 26 July- National Rebel’s day, 27 of July-Day after the Commemoration of the Assault of the Moncada garrison, 10 October-Begining of the War of Independence Day, 25th of December-Christmas Day, and 31st of December.
Labour Code Art.83
Law-Decree No.254 Art.1
Law-Decree No.189 Art.1

Payment

Public holidays are paid with the normal payment established in the scale of salary in case of workers employed in normal schedules of work.
For those workers employed in piece-rate basis, the payment of public holidays are calculated on the basis of the average payment.
Labour Code Art.112(a)(b)

Work on Public Holidays


» Criteria

On the mentioned public holidays, no work shall be carried out except for the following sectors: sugar cane and urgent agricultural work, continuous processes, any of the work in the port-transport-economy chain, transport and their essential technical support, hospitals, pharmacies, gas stations, funeral homes, funeral gardens, cemeteries, hotels, communications, radio and television, attractions for tourists, milk distribution, and any other basic public services determined by law.
Labour Code Art.85

» Compensation

Those workers who, by the nature of their work or following a decision of the labour entity, have the obligation of perform work on a public holiday, shall be remunerated at 200% rate, or may enjoy a compensatory rest in lieu.

However, if the worker opted for non performing work on a public holiday will lose the right to receive pay.
Labour Code Art.112(c)(d)

EMERGENCY FAMILY LEAVE

Every worker is entitled to 2 days of emergency leave in the event of death of the father, mother, spouse, child or sibling.

Workers may leave their working places for half a day or an entire day of work for voluntary donations of blood and this absence shall be be paid.
Resolution No.177/67 Art.1
Resolution No.1121/82 Art.1,2

PART-TIME WORK


General provisions

In indefinite contracts of work it can be agreed shorter daily, weekly and monthly hours of work with a limit of not more than the 50% of the normal hours of work.

Workers enrolled in secondary or university studies may perform part time work according to the characteristics and the needs of the labour entity, in productive activities or rendering useful and neccesary services which results may be quantified.
Resolution 8/2005 Art.51
Resolution No. 19/2008 Art.1,2

Limits


Daily hours limit

Workers with part-time contracts may perform up to 50% less of the normal daily hours of work.

The hours of work for part time workers shall be at least 4 hours per day for workers enrolled into a graduated or undergraduated program.
Resolution No. 19/2008 Art.3
Resolution 8/2005 Art.51

Weekly hours limit

Workers with part-time contracts may perform up to 50% less of the normal weekly hours of work.
Resolution No.8/2005 Art.51

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 10pm and 6am.
Resolution No.1/91 Footnote

Special categories


Young workers

Young workers shall not be employed in any activity which could damage their health or their comprehensive development. To this respect young workers are expressly excluded from performing night work
Labour Code Art.224, 225

SHIFT WORK


Limits


Weekly limit

Workers cannot perform more than two shifts in the same week.
Labour Code Art.77

Schedule

As provided in the Resolution No.1 of 1991, for this year, it can be scheduled the performance of shift work on alternate saturdays in the labour undertakings which provides services to the population.
Resolution No.1/91 Art.3

ON-CALL WORK

Relevant provisions on on-call work have not been identified.

FLEXITIME

Relevant provisions on flexitime have not been identified.

CASUAL WORK


General provisions

The contract of employment for a specific term or for the execution of a specific task is agreed between the parties for the performance of casual or emerging work and for the training of graduate or undergraduate workers.

The type of contracts shall specify the date of termination of the labour relation that cannot exceed three years, with the exception of the cases determined by the Ministry of Labour and Social Security.
Resolution No.8/2005 Art.58

SHORT-TIME WORK/WORK-SHARING


General provisions

The contract of employment for a specific term or for the execution of a specific task is agreed between the parties for the performance of casual or emerging work and for the training of graduate or undergraduate workers.

The type of contracts shall specify the date of termination of the labour relation that cannot exceed three years, with the exception of the cases determined by the Ministry of Labour and Social Security.
Resolution No.8/2005 Art.58

Limits

The limit of time for this kind of employment shall not exceed three years.
Resolution No.8/2005 Art.58

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION

Working hours are generally scheduled by the State Committee for Labor and Social Security and by the provincial bodies of People’s Power. However, in some cases, it can be also scheduled by the head of the labour entity, after authorization of the administrative State body and with the participation of the trade unions.
Resolution No. 187/2006 Art.6
Labour Code Art.71

Results generated on: 23rd October 2014 at 10:02:35.
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