ITUC 2008 Cuba report

Cuba
Population: 11,400,000 / Capital: Havana
ILO Core Conventions Ratified: 29 - 87 - 98 - 100 - 105 - 111 - 138

There was no change in Cuba where the single trade union system
persists, there is still no freedom of association and collective
bargaining and the right to strike are not recognised in law. Trade
unionists sentenced to lengthy prison terms in 2003 remained behind bars.
Trade union rights in law

A single union: In Cuba the requirements for forming a union are
contained in legal instruments, such as the Constitution, which grants
full powers to the Central de Trabajadores Cubanos (CTC), which is the
only trade union organisation that is recognised by the state and that
workers can join. The Labour Code also refers to the organising of
workers in trade unions, however only in branch unions of the CTC, which
is regarded as the organiser of the masses. Article 88 of the
Constitution (revised in 1992) grants the CTC national committee
competence to initiate legislation, along with other powers. All workers
in companies and labour units must join the CTC so as to engage in trade
union activities. The government explicitly prohibits independent trade
unions, though it claims there is no legal requirement for workers to
join the CTC.

Earlier, the government told the ILO that it was undergoing a
comprehensive revision of its Labour Code. According to the Cuban
authorities "Freedom of association, protected in Convention 87, does
not translate into the false concept of 'trade union pluralism' imposed
by the main centres of capitalist and imperial power."

Collective bargaining: The legal requirement to join a union is implicit
in the employment contracts governing all employment relationships;
although there is no express requirement, once that relationship has
started the worker is expected to join a union by filling in the
appropriate document. The Labour Code stipulates that in order to be
valid legally, collective agreements must be discussed and approved in
workers' meetings and be formally declared in writing and signed by the
parties, i.e. the employing body as well as the trade union
organisation. Any modifications or additions must be approved in
workers' meetings and signed by the parties.

The State controls the labour market and decides on pay and working
conditions in the State sector. In the private sector, the 1995 Foreign
Investment Law requires foreign investors to contract workers through
State employment agencies. The investors pay the agencies in dollars,
but the agencies pay the workers the equivalent figure in pesos,
pocketing up to 95% of their salaries.

There is no legislation covering the right to strike. According to the
government there is no need to call strikes since the demands of
official trade union organisations will always be heard by the authorities.
Trade union rights in practice and Violations in 2007

Background: The relinquishing of power by Fidel Castro was confirmed
after his long physical recuperation following an operation in 2006.
Raúl Castro, his designated successor, took over almost all the former
president's powers, whilst announcing the opening of a procedure for
consulting the people on possible changes to the regime.

No independent trade union activity possible: Anyone who engages in
independent trade union activity runs the risk of being persecuted and
losing their job. Workers are required to keep an eye on their
colleagues and report any "dissident" activity.

Independent organisations were set up by dissidents opposed to the
Castro regime, and though they do defend union rights, their main
concern is fighting the regime and promoting respect of general human
rights, which has frequently led to their being classified as
instruments of external interference. Some of these unions have been
infiltrated by State security agents.

Trade union prisoners: March 2007 marked the end of the third full year
of imprisonment of nine members of the CUTC, who had been sentenced to
lengthy prison terms, ranging from 13 to 26 years, including Pedro Pablo
Alvarez Ramos, the General Secretary (subsequently released in February
2008). Two others, Oscar Espinoza Chepe and Carmelo Díaz Fernández, were
granted "conditional release" ("licencia extrapenal") owing to health
problems, however this is only a temporary form of release. There was
speculation that some of the dozens of political prisoners, including
union leaders, might be released to signal a change of policy following
the accession of Raúl Castro Ruz to the post of Head of State.

Annual Survey of violations of trade union rights 2008 - ITUC

http://survey08.ituc-csi.org/survey.php?IDContinent=2&IDCountry=CUB&Lang=EN