60.5
60.5
-
Limited Access to Decent Work
40
100
40
25
60
100
80
60
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §30, 64 & 65 of the Constitution of Cuba, 2019; §74 & 113 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law require regular and timely payment of wages? | No | 0 | §109 & 114 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §122 of the Cuba's Labour Code, 2013 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §93, 118 & 122 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §87, 92, 120 ,121& 122 of Cuba’s Labour Code, 2013 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §121 of the Cuba's Labour Code, 2013 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §93 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §94 of the Cuba’s LabourLabour Code, 2013 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §101 & 107 of the Cuba’s Labour Code, 2013 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §20, 23-25 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §25 of Cuba’s Labour Code, 2013 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §32 of the Cuba’s Labour Code, 2013; §21 of the Cuba’s VI State Construction Agreement (2017-21) | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | § 45-52 of Cuba’s Labour Code, 2013 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §52 of the Cuba’s Labour Code, 2013 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | §8 & 42 of the Law on Maternity at Workers and Family Responsibilities, 2021 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §40 of the Law on the Maternity of Workers and Family Responsibilities, 2021 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §5 & 6 of the Law on the Maternity of Workers and Family Responsibilities,2021; ISSA Country Profile for Cuba | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | Decree Law no. 339, of December 8, 2016, "Of the Maternity of the Worker"; Law no. 105 of Social Security | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | Decree Law no. 339, of December 8, 2016, "Of the Maternity of the Worker"; Law no. 105 of Social Security | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §137 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §135 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §60-62 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §55 of the Cuba’s Labour Code, 2013; ISSA Country Profile for Cuba | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §11, 19 & 22 of the Social Security Law, 2012; ISSA Country Profile for Cuba | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §81 of the Social Security Law, 2012; ISSA Country Profile for Cuba | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §8, 11, 41, 42 & 43 of Social Security Law 2012; ISSA Country Profile for Cuba | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §62 of the Social Security Law, 2012; ISSA Country Profile for Cuba | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §2 of the Cuba Labour Code, 2013 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §301-303 of the Penal Code, 1987 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §42 of the Constitution of Cuba, 2019; §2 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §64 of Constitution of Cuba, 2019; §2 of the Cuba’s Labour Code, 2013 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §6 of Social Security Law 2012; ISSA Country Profile for Cuba | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §64-67 of the Cuba’s Labour Code , 2013 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §64-67 of the Cuba’s Labour Code , 2013; §5 of the Law of the First Comprehensive Education Reform, 1959 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §68 of the Cuba’s Labour Code , 2012 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §120 of the Penal Code, 1987 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §12-19 of Cuba’s Labour Code, 2013; CEACR C87 Obs, 2023; ITUC Global Rights Index 2024 (Cuba Profile); USDOS CRHRP 2023 (Cuba) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §181-183 of Cuba’s Labour Code, 2013; USDOS CRHRP 2023 (Cuba); CEACR C87 Obs, 2023 | No Change |
| Does the law provide the right to strike? | No | 0 | USDOS CRHRP 2023 (Cuba) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | No prohibitions found because the strike is explicitly prohibited | No Change |