By Lic. Dora Mesa Crespo* and Lic. Odalina Guerrero Lara **
*Coordinator for the Cuban Association for the Development of Infant Education
**Attorney for the Cuban Law Association
ARTICLE 59 of the Preliminary Plan of Labor Law [1] (CHAPTER V. SPECIAL PROTECTION IN THE WORK OF YOUTH OF FIFTEEN AND SIXTEEN YEARS) regulates the working day for working teenagers 15 and 16 years old.
ARTICLE 59: The working day of youths of fifteen (15) and sixteen (16) years of age cannot exceed seven (7) hours daily, nor forty (40) weekly, and they are not allowed to work on days of rest, save that the work carried out for reasons of exceptional social interest or force majeure.
We have expressed with priority, that we consider that the ARTICLE 59 stipulates that “the youths of fifteen (15) and sixteen (16) years of age for reasons of exceptional social interest or force majeure can work on days of rest” infringes Conventions of International Rights, starting in Article 3 and Article 31 of the Convention of Child Rights [2], that treats respectively the superior interest of the children and their right to play and to rest.
The fundamental Article 3 of the Convention expresses: “In all measures concerning children that use the public or private institutions of social welfare, the tribunals, the administrative authorities or the legislative organizations, a fundamental consideration that they will attend to will be in the superior interest of the child”.
If the teenage workers work for social interests in their days of rest, this interest overrides the greater interest of the child and so violates Article 3 of the Convention and Article 13.1 b) that regulates the prohibition of outstanding hours of work for the teenagers in the Convention number 138 of the International Organization of Work (OIT). [3] [4]
When the workers younger than 18 years old work as an exception for force majeure according to the OIT, [5] they were particularly exposed to risks and to enter direct contact with them, which is improper according to the same Article 60 of the Preliminary Plan, the Article 32 of the Convention of Child Rights and Article 40 of the Constitution of the Republic of Cuba.
For well-founded reasons in the same legislation, we consider that ARTICLE 59 of the Preliminary Plan of Labor Law should adjust the national and international norms, principles, and rights. For this reason we recommend a new draft that guarantees the respect of the working day and the rest in all labor activities and economic sectors of the workers under the age of 18, not just those who are 15 and 16. People under 18 years of age, being a population especially vulnerable, have a right to a more specific protection.
From our point of view, it should regulate the hours of the working day of adolescents from 15 to 18, shouldn’t expose them to risks, and should always adopt the flexibility and observance of the law needed to accept other proposals of the employers that can be acceptable for the minor, with subject of right and for the competent authority of the Minister of Labor and Social Security of the Republic of Cuba.
According to the Panamerican Organization of Health (2010) it can be said that the leisure or weekly rest (OIT), from a global approach, is a human right, a resource for personal development, an area of human experience, a source of health and of prevention of physical or mental illness, and an indicator of the quality of life loaded with an enormous economic potential.
The Cuban youth, for their dependence and vulnerability, are protected by national and international law. In this manner, they benefit from established protection in all instruments of human rights, and above all in the International Convention of Child Rights and the International Human Rights. The inexcusable respect of the rest of the working adolescents is a basic standard for humanity.
[1] http://www.trabajadores.cu/wp-content/uploads/2013/07/Anteproyecto-Ley-Codigo-TRabajo-Cuba-2013.pdf
[2] http://www2.ohchr.org/english/bodies/crc/docs/co/CRC.C.CUB.CO.2_sp.doc
[3] www.ilo.org/ilolex/spanish/
[4] http://www.ilo.org/public/spanish/support/lib/resource/subject/yestandards.pdf
[5] http://www.ilo.org/global/lang–es/index.htm
Translated by LW
1 November 2013
