Cuba

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Cuba’s overall score is 60.5 out of 100. The overall score for Cuba is lower than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Cuba ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1952 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1952.

Question

Answer

Score

Legal Basis

More Info

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)

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

Does the law provide for the right to strike?

No

0

USDOS CRHRP 2023 (Cuba)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

No prohibitions found because the strike is explicitly prohibited

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §12-19 of Cuba’s Labour Code, 2013; CEACR C87 Obs, 2023; ITUC Global Rights Index 2024 (Cuba Profile); USDOS CRHRP 2023 (Cuba)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"The Committee also notes that, according to ASIC, the Government severely restricts freedom of association by prohibiting the organization of independent trade unions, as well as restricting the exercise of the right to strike, while constraining workers to join the official trade union - the Worker’s Central Union of Cuba (CTC) - which results in systematic repression of members of the independent trade unions and a widespread failure to defend labour rights."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The government explicitly prohibits independent trade unions, though it claims there is no legal requirement for workers to join the Central de Trabajadores de Cuba (CTC). The ILO governing bodies have been stressing for several years the need to remove the reference to the CTC in the Labour Code of 1985, since the law law must not institutionalise a factual monopoly by referring to a specific trade union confederation."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law severely restricted worker rights by recognizing only the PCC-controlled Central Union of Cuban Workers (CTC) as the paramount trade union confederation. To operate legally, a trade union was required to belong to the CTC."

Information

Source: §181-183 of Cuba’s Labour Code, 2013; USDOS CRHRP 2023 (Cuba); CEACR C87 Obs, 2023

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law does not provide for the right to strike. The law also does not provide for collective bargaining; instead, it has a complicated process for reaching collective agreements. The International Labor Organization (ILO) raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including giving government authorities and CTC officials the final say on all such agreements."

Information

Source: USDOS CRHRP 2023 (Cuba)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law does not provide for the right to strike. The law also does not provide for collective bargaining; instead, it has a complicated process for reaching collective agreements. The International Labor Organization (ILO) raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including giving government authorities and CTC officials the final say on all such agreements."

Information

Source: No prohibitions found because the strike is explicitly prohibited

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law does not provide for the right to strike. The law also does not provide for collective bargaining; instead, it has a complicated process for reaching collective agreements. The International Labor Organization (ILO) raised concerns regarding the trade union monopoly of the CTC, the prohibition on the right to strike, and restrictions on collective bargaining and agreements, including giving government authorities and CTC officials the final say on all such agreements."