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The National Assembly of People's Power of Cuba published the draft law for the new Labor Code, a document with over 500 articles that would replace Law 116, which has been in effect since 2014, and for the first time, includes a specific regulation for remote work from abroad.
Article 199 of the project establishes that "the worker who travels abroad for personal matters may continue working at the employer's interest during the authorized period, using telework, as long as the conditions and characteristics of the work to be performed allow it, in which case a supplement to the employment contract is made without suspending the employment relationship."
The provision legally recognizes a situation that already existed de facto: professionals who emigrate or travel temporarily while maintaining work ties with Cuban entities.
The supplement to the contract must include the conditions for the delivery of the work, the cybersecurity measures, the payment of compensation, and the control mechanisms that the employer will exercise from Cuba.
The explanatory memorandum of the project describes this figure as "remote work from abroad, at the employer's interest, as long as conditions permit under the employer's control," and lists it among the most innovative aspects of the text.
The potential impact is significant in the context of the massive Cuban emigration. State-owned companies could retain talent that has left the country, while professionals abroad would continue to generate income linked to entities on the island.
The project also standardizes the reduction of staff for economic, technological, and structural reasons, eliminating the status of "available worker." According to the statement of reasons, "if they do not secure employment through employer management or on their own, they receive income protection equivalent to six times the basic salary of the position they held, granted only once."
Another significant structural change is the full incorporation of the Cuban private sector into the labor framework. Small and medium-sized enterprises, cooperatives, and self-employed workers are no longer treated as exceptions and will now be governed by the same Code as the state sector.
The text also acknowledges the right to digital disconnection — workers cannot be contacted outside of working hours, during vacations or leaves, except in emergencies — and it expands protections for pregnant women, caregivers, and employees with dependent family members.
However, the project does not address the issues that are most concerning to Cuban workers: state salaries amount to between 15 and 20 dollars a month, far below the cost of living, and the text does not include mechanisms to bridge that gap. It also does not recognize independent unions or the right to strike; the Central Workers' Union of Cuba remains the only recognized union.
The project was developed following a public consultation held between September and November 2025, which included 40,591 meetings and the participation of 2,014,338 workers, or 87% of those anticipated. Out of the 96,250 proposals received, 41,403 (43%) were accepted, while 33,687 (35%) were rejected.
The new Code will come into effect 90 days after its publication in the Official Gazette, once the National Assembly formally approves it, a date that is not yet included in the published text.
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