Where the Boss is Judge and Jury / Cuban Law Association, Eliocer Cutino Rodriguez

Photo taken from panoramio.com

Lic. Eliocer Cutiño Rodríguez

Many people work in the TRD* chain of shops, subject to what may be called military regulations. A vast number of those workers are unaware of the rights which could help them in the face of possible violations of labor discipline.

How could a process be fair in which, per Resolution 1072 of 2011 which regulates this activity, the person who issues the sanction is the same person who addresses the initial claim?

Setting aside, obviously, the possibility that this person recognizes that he made a mistake in the first place and the affected party gets a favorable response.

Nevertheless, workers who appeal – because they disagree with the outcome – would only have the route of going back to their immediate bosses who disciplined them in the first place, without having the slightest possibility of the judicial system hearing the matter and perhaps resolving it in accordance with the law, which by constitutional mandates would apply to this situation.

It is a process lacking in transparency and impartiality, which has been abolished for many years in the contemporary legal world.  This idea could be tried among the TRD workers in the discussion of the future Workers’ Code in this country and perhaps lay a new foundation for what, on the issue of labor discipline, the military institutions have encouraged, completely alienated from the institutions that administer the law such as the Popular Courts.

*Translator’s note: TRD is the acronym for «Tiendas de Recuperacion de Divisas»; literally «Stores for Recovering Hard Currency.»  These are the stores operated by the State which sell only in hard currency (Cuban Convertible Pesos, or CUC). They are the only source of many basic products available legally nowhere else (as well as luxuries), and are designed to «recover» the cash sent to Cubans as remittances from friends and family abroad, a function clearly stated in the name the State has chosen to give them.

Translated by GH

20 September 2013