Labour Code (Codigo de trabajo) (Law No 49/1984), amended by Law No 116/2014
Date:17 Jun 2014; voir le site internet »
Law on Civil, Administrative and Labour Procedures (Ley de Procedimiento Civil, Administrativo y Laboral No 7/1977)
Date:20 Aug 1977; voir le site internet »
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; voir le site internet »
Taille des entreprises exclues (≤): aucune
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.
Catégories de travailleurs exclues: acteurs/travailleurs du secteur artistique, magistrature, directeurs /cadres dirigeants, athlètes, enseignants
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.
CDD reglementés: Oui
Article 25 of Labour Code provides that the employment contracts might be concluded for: a) for an indefinite time, which is arranged to carry out permanent work and does not express the termination date; and b) for a specified time or for the execution of a job or work, which is arranged to carry out eventual or emergent work, as well as the fulfillment of the social service, for the trial period, to temporarily replace absent workers for justified reasons covered by legislation, training courses for new workers and others that require it.
Motifs autorisés de recours au CDD: raisons matérielles et objectives
See article 25 of Labour Code.
Nombre maximum de CDD successifs: aucune limitation
There is no indication of limitation in the law.
Durée cumulée maximum de CDD successifs: aucune limitation
The new Labour Code excluded the provision concerning limitation of FTC's.
Durée maximale de la période d'essai (en mois): 180 jour(s)
Article 32 of Labour Code: The trial period is the time in which the worker demonstrates possessing the suitability required for the performance of the position that the worker aspires to occupy and verifies that the conditions and characteristics of the workplace correspond to the worker´s interests and the employer guarantees the information, the means, the necessary conditions and determines the demonstrated suitability of the worker. During the same, either party may terminate the employment relationship. Compliance with the trial period is not required for those hired for a specified time or for the execution of a job or work, for the fulfillment of social service and by decision of the employer in other cases. The trial period is established between thirty and up to one hundred and eighty days; Its duration is determined in correspondence with the complexity of the position and is agreed in the Collective Labor Agreement. If after this, the parties do not express their will to the contrary, the employment relationship is formalized for an indefinite period. For seafarers, the trial period can be extended to the length of the first campaign or voyage
Excluded from protection against dismissal: Non
Article 32 of Labour Code provides that during the trial period, either party may terminate the employment relationship.
Obligation d'informer le travailleur des raisons du licenciement Non Motifs autorisés (licenciement justifié): capacité du travailleur, conduite du travailleur, motifs économiques, tout motif légitime
Article 45 provides that the employment contract may end due to: a) agreement of the parties; b) initiative of any of the parties; c) retirement of the worker; d) death of the worker; e) extinction of the entity, when there is no other subrogated in its place; and f) expiration of the fixed term or the conclusion of the agreed work, in the case of fixed-term contracts or for the execution of a job or work.
Moreover article 49 of Labour Code provides that the employment contract might be terminated by the employer due to: a) loss of proven suitability; b) definitive relocation outside the entity of the available worker, or when the proposed employment is not unjustifiably accepted by the worker, or when the salary guarantee period expires without having been employed; c) definitive relocation outside the entity of the worker who is declared a person with a partial disability; non-suitability of the partial disability fo a job offer according to the worker´s capacity inside or outside the employer or disapproved requalification, in both cases, for unjustified reasons; d) application of the definitive separation measures of the entity or sector or activity, when appropriate, due to the non-observance of the disciplinary norms established in the legislation and in the disciplinary regulations; e) Compliance with the term of the maternity leave or, where appropriate, the social benefit or unpaid maternity leave, in the terms and conditions established in the legislation, without the worker who has enjoyed it being reinstated to the job; f) Sanction of deprivation of liberty by final sentence or security measure, in both cases when it exceeds six months, if the employer so decides; g) non-reinstatement upon expiration of the unpaid leave granted by the employer; and h) other causes provided for in the legislation.
According to article 50, the employer, in the case of contracts for indefinite time, cannot notify the worker of the decision to terminate the contract, for the reasons indicated in paragraphs a), b) and c) of article 49, in the following cases: a) during the enjoyment of the worker or, as the case may be, the worker, the periods of maternity leave, paid or not, and the social benefit; b) during the period of temporary disability of the worker due to illness or accident of common origin or work; c) during the execution of military mobilizations; d) during the enjoyment of annual paid vacations; e) during the periods of suspension of the legally established employment relationship; and f) other situations expressly authorized by law.
Also article 63 also provides during pregnancy and after childbirth, the worker has the right to enjoy paid leave in the form and amount established with respect to the worker's maternity for the general regime or special social security, as appropriate
Concerning trade union activities, article 16 of Labour Code provides that the leaders of the union organizations have the necessary guarantees for the exercise of their management and consequently, the employers cannot transfer them, impose disciplinary measures, affect them in their working conditions, or end their employment relationship due to the performance of their union functions, when these are carried out in accordance with the law.
Article 2 (b) of Labour Code also provides that every citizen in conditions to work, without distinction of race, color, sex, religion, political opinion or national or social origin, has the opportunity to obtain a job with which the citizen can contribute to the ends of society and to the satisfaction worker´s needs. However, there is no specific provision dealing dismissals due to discrimination.
See above article 50 of Labour Code.
Forme de la notification du licenciement au travailleur: aucune forme particulière requise
Indemnité compensatrice de préavis: Non
Notification à l'administration publique: Non
Notification aux représentants des travailleurs: Non
The only provision concerning communication of dismissals to workers'representatives is related to redundancy. Article 56 of Labour Code provides that the employer, from the corresponding authorization, is obliged to previously inform the trade union organization at its level and the workers, about the application of the redundancy process (redundancy), its organization and control.
Autorisation de l'administration publique ou d'un organe judiciaire: Non
Accord des représentants des travailleurs: Non
The new Labour Code excluded the provisions concerning prior notice for dismissals by employer´s initiative, except for the cases concerning fixed-term contracts in the situation of termination before the agreed term.
There is no indication of severance payment or redundancy payment of such kind, however according to article 52 of Labour Code, the worker, at the time of termination of the employment relationship, has the right to receive the salary for the work performed, the amount of the accumulated for annual paid vacations, as well as that corresponding to the provision of security social that had been perceiving. In the event of the worker's death, this right is exercised by the relatives with the right to a social security pension or, failing that, by the heirs who prove such condition.