The right to strike is still not included in the new Labor Code in Cuba

The new draft of the Labor Code in Cuba, currently under national discussion, incorporates some measures deemed modern, such as “digital disconnection” and telecommuting, but it maintains the prohibition of the right to strike and restricts labor representation to the Workers' Central of Cuba (CTC), the sole union controlled by the Communist Party.

The information was disseminated by the agency EFE, which had access to the 48-page document.

According to the media, the text began to be discussed this Monday and will be in "consultation" until November 30 in mandatory assemblies within workplaces, with designated speakers and the presence of the CTC as the governing body.

After this process, the draft proposal must be reviewed and approved by the National Assembly of People's Power, after receiving validation from the Central Committee of the Communist Party of Cuba, which reinforces the political nature of the procedure and reduces the possibility of substantial changes.

Among the new features, the code establishes for the first time the mandatory requirement for unemployment insurance in the private sector, which must be purchased and funded by employers of micro, small, and medium-sized enterprises, cooperatives, and private businesses.

These forms of non-state management have grown since the 2021 reform and now employ more than 250,000 people across the country.

However, the text does not clarify whether the benefits will be equivalent to those received by state workers, nor which entity will manage the insurance, raising doubts about its actual scope.

Another development is the legalization of teleworking, even from abroad under certain conditions.

The law requires that contracts stipulate who covers the expenses, how the work is supervised, and under what conditions the agreement can be reversed.

The draft proposal suggests that this arrangement could benefit family reconciliation, particularly in cases of workers who have dependents to care for.

The project also introduces the concept of "digital disconnection," which guarantees employees the right not to be contacted outside of working hours, on days off, or during vacations.

This principle will apply to both those who work on-site and those who work remotely.

The mandatory social service for recent graduates of higher education is reduced from three to two years, with the possibility of fulfilling it in the private sector or suspending it under certain conditions.

Regarding decent employment, the text proposes principles of equal pay for work of equal value, protection against harassment, non-discrimination, and family responsibility, which extends maternity benefits to fathers and other family members.

It also acknowledges multiple jobs and limits the workday to a maximum of thirteen hours per day across all jobs of a worker.

However, although the document refers to "sufficient remuneration to meet basic needs," it does not set forth mandatory mechanisms to ensure that objective.

Salaries are not linked to macroeconomic indicators such as inflation or the cost of living, nor is there an obligation to review them periodically through collective bargaining.

The minimum wage continues to be set centrally by the Council of Ministers.

The collective bargaining section formally expands the participation spaces for employees, but in practice, it reinforces the central role of the CTC in all processes, including the General Assembly of Workers and the mechanisms for labor complaints.

Historically, the leaders of the CTC have belonged to the Central Committee of the Communist Party, and the union has not been known for advocating labor demands against the government.

Like the 2019 Constitution, the draft bill does not recognize the right to strike or the freedom of association.

Cuban workers continue to be unable to join independent organizations outside of the State, which places the island at a clear disadvantage compared to international standards regarding labor rights.

The new Labor Code will be submitted to the National Assembly in its next session, following the prior approval of the Communist Party.

If it remains unchanged, the reform will consolidate a model that blends some concepts of labor modernization with a strict political control over trade union movements and economic activity on the island.

Recently, the Government of Havana published on its official Facebook profile more details about the draft legislation, including the establishment of a minimum hiring age of 18 years, the reduction of social service to two years, and the extension of the travel permit abroad to up to one year.

Additionally, the initiative includes the recognition of unpaid leave as a right of the worker, the express prohibition of dismissals or limitations due to pregnancy, the possibility to appeal disciplinary measures and to challenge material liability in court, as well as the inclusion of the figure of the self-employed worker without subordinates.

It was also announced that a special insurance would be created for non-state employees in situations of epidemics, disasters, or prolonged power outages, the definition of the concept of negligence, paid leave for caregivers, and the replacement of the criterion of "demonstrated suitability" with "demonstrated capacity."

Similarly, the text acknowledges the prohibition of temporary contracts for permanent work, new protections for people with disabilities, the reaffirmation of the role of the workers' assembly in company decision-making, and the transfer of special regimes to the judicial pathway, except in the cases of the Armed Forces and the Ministry of the Interior.

Despite the regime seemingly "caring" about Cuban workers, daily life reveals a different reality. In May, independent organizations reported on the first day the systematic labor repression in Cuba, especially against professionals in the cultural and educational sectors, within a context where the only permitted union, the CTC, operates under state control.

The Cultural Rights Observatory (ODC) warned that the right to work and labor guarantees on the Island are being violated through "paralegal subterfuge" and with the complicity of the CTC, which, according to the organization, acts as a "collaborator of political power" instead of representing the workers.

Similarly, in July, the Independent Trade Union Association of Cuba (ASIC) submitted an extensive list of demands to the National Assembly of People's Power that calls for profound reforms in the labor, economic, and political spheres of the country.

Under the title "Platform of Demands for Trade Union Freedom, Economic Justice, and Democracy in Cuba," the document denounces the systematic violations of labor rights and questions the legitimacy of the current political model on the Island.

According to the organization's post on their X account, the demands seek "union freedom, economic justice, and democracy, in the face of a regime that represses rights and blocks labor reforms."

Frequently Asked Questions about the New Labor Code in Cuba