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.
Remarks: The provisions of this Code regulates all the labour law relations between the the entities located in the country and Cuban citizens or foreigners with permanent residence in the country. This Code also regulate the relations of Cuban workers who work outside of the country, subject to prior authorization, except those who have a special regulation in which is laying down a different scheme for them. Art.6
Name of Act
Resolution No.20/2007 on the National Labour Inspection System (Reglamento del Sistema de Inspeccion Nacional del Trabajo), of 6 April 2007
Resolution No. 22/2004 on Working conditions of disabled workers (Resolución N. 22/2004 Sobre las relaciones laborales de las personas con discapacidad), dated 30 June 2004
Resolution No.30/2008 setting the Wages System for the personnel of the Court and Resolution No.35/2008 on Wages for the Prosecuter’s Office personnel.
Resolution No.96/2009 setting the Wages System for the personnel of the Ministry of Education, Resolution No.97/2009 on Wages for the personnel in the education sector, and Resolution No.98/2009 setting the Wages System for the managerial personnel and civil servants in the Central Institution of the Ministry of High Education.
"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
Wage
The wage is the remuneration that, in accordance with the principle of socialist distribution, is fixed as follows; from each according to his ability, to each according to his work. Workers, without distinction of race, color, sex, age or national origin, receive equal pay for equal work.
However the legislation provides that the wage shall be paid in accordance with the quality and quantity of the work performed, and so the work done efficently and with higher quality shall be remunerated better.
Labour Code Art.99 Resolution No.27/2006 Art.2
Minimum wage
Minimum wage is the minimum remuneration that the socialist State shall provide to every worker employed full time. Those workers employed part time shall earn an amount proportionally calculated to the number of hours performed.
Labour Code Art.100
MINIMUM WAGE FIXING
Procedure
Government decides after consultation of the social partners
The setting of the general rate of payment and wages corresponding to specific occupations, as well as all the decision on wages shall be exercised by the Council of Ministers in consultation with the workers’ central union and taking into account the national level of economic and social development.
Labour Code Art.103
Minimum wage set through decentralized collective bargaining
Wages can be fixed by collective agreement, however these rates can not be lower than the relevant minimum wage rates set by the Council of Ministers.
Labour Code Art. 25, 235-240
Criteria
Economic development
In order to fix the rates of payment and wages in Cuba, the Council of Ministers shall take into account the economic and social development of the country.
Labour Code Art.103
Other provisions
Wages shall be fixed in conformity with the principle of socialist distribution, namely "to each according to his ability, to each according to his work". Workers shall receive equal pay for equal work without discrimination on grounds of race, colour, sex, age or national origin.
Labour Code Art.99
Coverage
Scope
The legislation provides a minimum wage rate which shall apply to all categories of workers in Cuba.
In addition, the legislation provides an organizational system of wages, by which specific categories of workers shall be remunerated at a specific rate according to the grade of complexity of the work and the occupational activity (High qualified positions).
Labour Code Art.99 Resolution No.27/2006 Art.1,8,9 Resolution No.31/05 Resolution No.96/2009,Resolution No.97/2009, Resolution No.98/2009 Resolution No.30/2008 and Resolution No.35/2008
Specific minimum wage rates
» Specific minimum wage by occupation
Specific rates of payment are fixed for categories of workers according to the grade of complexity of the work and the occupational activity (qualified positions such as administrative and service workers, technicians, managers among others).
Resolution No.27/2006 Art.11
» Minimum wage levels for specific categories of workers
» Disabled
A minimum wage rate is set for disabled workers undergoing a specific training.
Resolution No. 22/2004, dated June 30, 2004, Art. 23
» Piece-rate workers
In the labour entities where appropriate conditions exists, piece-rate wages system shall apply with preference. This system of remuneration consists in linking the wage of the workers with the related costs of production under a specific procedure.
Resolution No.9/2008 Art.8,9
» Other categories
Minimum wage rates are applicable to part-time workers on a pro-rata basis.
Labour Code Art.100 Resolution No. 11/2005 Art.1
Level
Minimum wage level(s) in national currency
The minimum wage rate for the scale of all categories of workers in the different occupations is fixed in 225 pesos per month. For those workers employed per hours, the minimum wage rate is fixed in 1 peso and 18 cents.
Resolution No. 11/2005 Art.1
Last minimum wage update
The minimum wage rate for the scale of all categories of workers in the different occupations was last revised in 2005.
Resolution No. 11/2005 Art.1 Human Rights Report
In-kind allowances
Wages shall be paid in legal currency. However other components of the remuneration may be paid in other manner. The labour entity shall provide food and accomodation or payment in lieu, to those workers who are requested to perform work in places implicating a variation of their normal place of living.
Labour Code Art.123, 129
Rate of payment
» Monthly
Yes. The legislation provides a monthly minimum wage rate for all categories of workers.
Resolution No. 11/2005 Art.1
» Other
Wages are paid at least once per month, except those components of the remuneration for which a longer rate of payment is established.
Labour Code Art.123
Specific provisions
A minimum wage rate of 106 pesos per month is set for disabled workers undergoing a specific training.
Resolution No. 22/2004 on Working conditions of disabled workers Art.23
Scheduled frequency of adjustment
The legislation does not provide how frequently the minimum wage is revised or adjusted.
Human Rights Report
Enforcement mechanisms
Labour inspection
The National Labour Inspection through the National Labour Inspection Office (ONIT) have the mission of ensure the compliance with labour and wages legislation, safety and labour protection and social security rights. For this purpose, authorized labour inspectors may carry out inspections, make requests of information they may consider relevant, and take all the neccesary measures to safeguard workers’ rights.
Resolution on the National Labour Inspection System Art.1,2,3
Fines in national currency for non-respect of legislation
An infraction of the labour standards committed by the civil servants or state administrative employees may result in fines of between 5% and 100% of a monthly salary, depending on the according to the importance and seriousness of such infraction, its circumstances, consequences, intentionality, behavior and reincidence.
Labour Code Art.175
Other penalties
Additional penalties may also apply and may vary from private reprimands to temporal or permanent demotions.
Labour Code Art.175
Results generated on: 23rd April 2024 at 11:46:37.
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