In light of the changes driven by the 2019 Constitution, the Cuban regime is working on updating the Labor Code, which has been in effect since 2013, to better align with the country's evolving economic and social landscape. This development comes as Cuba faces an increasingly severe systemic crisis. The proposed updates are set to be presented at the upcoming regular session of the National Assembly of People's Power, as announced by Yiseilis Ferrer Mariño, the legal and international relations director of the Ministry of Labor and Social Security (MTSS), in a statement to the state-run media outlet Cubadebate.
The updated Labor Code aims to ensure greater equity and inclusivity in labor relations, addressing various aspects ranging from non-state sector employment to remote work options, which have gained prominence following the Covid-19 pandemic. Among the notable changes is the introduction of the term “working person” to replace “worker,” promoting an inclusive approach that considers gender diversity, sexual orientation, race, and other personal characteristics.
Expanded Protections and Rights
The proposed legislation will also oversee the rights and benefits of vulnerable groups such as youth, women, individuals with disabilities, and those involved in domestic caregiving, offering solutions like telecommuting and negotiated leave with unions. According to Ferrer Mariño, the project guarantees the protection of fundamental labor rights, including vacation, employment, social security, and the prohibition of child labor, with the minimum working age remaining at 18.
Additionally, terms like “interruption” and “availability” will be removed to reflect the current labor reality. It will also include the possibility of resolving disciplinary disputes through the judicial system, aligning with the Process Code. Employers will have expanded authority to assess job candidates' competencies, considering not only technical qualifications but also relevant skills and values.
An Inclusive and Protective Approach
The updated Code proposes new guidelines for collective agreements, workplace safety and health, as well as for evaluating educators and material responsibility. Ferrer Mariño also highlighted ongoing work on a new social security law to complement this legislation, with a particular focus on the rights of working mothers.
This initiative is part of the broader Human Development, Equity, and Social Justice program, and is linked to projects such as the "Advancement of Women" and "Decent Work" programs.
Frequently Asked Questions About Cuba's Labor Code Reform
Why is Cuba updating its Labor Code?
Cuba is updating its Labor Code to adapt to economic and social transformations and to address the systemic crisis the country is facing, in alignment with the 2019 Constitution.
What are some key changes in the new Labor Code?
Key changes include a more inclusive definition of workers, expanded protections for vulnerable groups, and updated terms to better reflect the current labor environment.