Labour Code (Codigo de trabajo) (Law No 49/1984), amended by Law No 116/2014
Date:17 Jun 2014;
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Law on Civil, Administrative and Labour Procedures (Ley de Procedimiento Civil, Administrativo y Laboral No 7/1977)
Date:20 Aug 1977;
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Law of Organization and Functioning of Works Councils (Ley de Organización y Funcionamento de los Consejos del Trabalho) No 8/1977
Date:22 Aug 1977;
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Size of enterprises excluded (≤):
Article 10 of Labour Code - For the purposes of this Code, the organs, agencies, national entities, superior management organizations, companies, budgeted units, dependencies of the political and mass organizations are considered entities. Likewise, cooperatives and associative forms authorized by law are considered entities with respect to their workers submitted to salaries.
Workers' categories excluded:
actors/artistic sector workers, judiciary, managerial / executive positions, athletes, teachers
Article 4 of the New Labour Code provides that the Labour Code regulates the labour relations established between employers based in the national territory and national or foreign persons with permanent residence in the country, for the fulfillment of the reciprocal rights and duties of the parties. Likewise, it regulates the labour relations in Cuba of the people who, with prior authorization, work outside the national territory, except that in the special legislation or bilateral agreements another regime is established for them.
However, article 5 determines that the formalization, modification and termination of the employment relationship, as well as the discipline of the workers designated to occupy management positions, officials, controllers, auditors and others; those elected to occupy professional positions, of the workers of the People's Courts, the Attorney General of the Republic, General Customs of the Republic and others that are legally established, are governed by the specific legislation dictated for them. The regulations of the Labour Code and its complementary provisions are applicable to the mentioned subjects, as long as they do not oppose the provisions of its specific legislation.
Also, important to register that according to article 76 of the Labour Code, the heads of the organizations where the medical professionals and technicians, the teaching staff, the workers belonging to the artistic branch and the athletes work, establish, in consultation with the Ministry of Labour and Social Security and in accordance with the corresponding union organization, labour relations with its workers; for which they take into account the characteristics of these activities and the provisions established in this Law. As far as medical professionals and technicians are concerned, the aforementioned regulations refer to hiring, location, relocation, promotion and disqualification. In the case of teaching staff they regulate the evaluation of the work. For the artistic branch they establish the modalities of the employment contract, evaluation and forms of remuneration. For athletes, it establishes the recruitment system. The rest of the subjects are governed by the provisions of the Labour Code and its Regulations.