Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Cuba (Ratification: 1954)

Other comments on C100

Observation

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Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee requested the Government to take the necessary steps to complete the definition of remuneration set out in the Labour Code to align it with Article 1(a) of the Convention, in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment . The Government indicates in its report that there have been no legislative reforms on these issues. With reference to the Labour Code (Act No. 116 of 20 December 2013), the Government indicates that: (i) section 2 provides that work shall be remunerated in accordance with its quality and quantity; (ii) section 3 provides for equality between men and women; (iii) section 109 provides that payments considered to be wages shall be paid in cash, which excludes payment in kind or services; (iv) sections 124 and 125 establish other payments that are not considered to be wages as they are not related to the quantity and quality of the work carried out; and (v) section 125 provides that short-term benefits, such as benefits for illness, accident or maternity leave, do not constitute wages because they are paid by the State budget. The Committee recalls that a broad definition of remuneration is necessary due to the fact that if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). In this regard, the Committee once again requests the Government to take the necessary steps to establish a sufficiently broad definition of remuneration, required by Article 1(a) of the Convention in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee requests the Government to provide information on progress made in this regard.

Article 1(b). Work of equal value. Legislation. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 2(c) of the Labour Code, which provides that “work shall be remunerated without any form of discrimination in accordance with the products and services it generates, quality and the time actually worked, and shall be governed by the principle of socialist distribution of each according to his or her ability and each according to his or her work”, in order to give full expression to the principle of equal remuneration for men and women for work of equal value. In that regard, the Government indicates that jobs that give preference to men or to women do not exist in Cuba and that the basic wage is applied equally, so that differentiated wage scales are not required. It adds that women therefore enjoy full equality, and legislative reform is not justified. Furthermore, the Government indicates that women know their employment and social security rights. In that regard, the Committee observes that section 2(c) of the Labour Code contains a narrower definition than the principle set out in the Convention, as do the provisions of article 4 of the new Constitution (adopted in 2019) which sets out the principle of “each according to his or her capacity and each according to his or her work”. Article 65 of the Constitution defines remuneration as being in accordance with the quality and quantity of the work and provided in relation to the requirements of the economy and of society, the choice of the worker and his or her skills and ability. In addition, equality between men and women is guaranteed under articles 41, 42, 43 and 44 of the Constitution. The Committee notes that neither the Labour Code nor the Constitution include the concept of “equal value”, which would make it possible to compare jobs that, notwithstanding their differences, are of equal value. Similarly, it notes that the Committee on the Elimination of Discrimination against Women (CEDAW) of the United Nations observed with concern that the Code does not contain any provision on the principle of equal pay for work of equal value (CEDAW/C/CUB/CO/7-8, paragraphs 32 and 33(a) and (c)). In this regard, the Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee recalls that it is essential to acknowledge that no society is free from discrimination and, in particular, that occupational sex segregation in the labour market is a problem that affects almost all countries. The Committee once again requests the Government to: (i) adopt the necessary measures to amend section 2(c) of the Labour Code, so as to give full expression to the principle of equal remuneration for men and women for work of equal value set forth in Article 1(b) of the Convention; and (ii) provide information on all measures adopted to this end.

The Committee is raising other matters in a request addressed directly to the Government.