Radio Cadena Agramonte emisiora de Camagüey
Havana, September 18. -The need to ensure that work corresponds to the principle of socialist distribution, and that remuneration becomes the primary source of income that sustains decent living conditions, are among the factors that underpin the urgent need to modify the current Labor Code and adapt it to the current context.
According to the technical preparation document, as part of the consultation with workers on the draft law, the Code protects work as a social fact that constitutes a right by which every person has access to decent employment, consistent with their abilities, choices, qualification, and the demands of the economy and society.
It specifies that micro, small, and medium-sized enterprises; cooperatives; owners of self-employment and local development projects; other legally recognized employers, as well as associative forms and any other approved non-state management form, in their capacity as employers, establish labor relations with the workers they require to carry out their activities.
Another new development is the establishment of protection for the national workforce. In foreign investment entities, employers are required to ensure that at least 85% of the workforce is Cuban or foreign permanent residents, except for the appointment of positions in management and administrative bodies and other legally established reasons, which must be substantiated for evaluation and approval.
Similarly, the law ratifies the principles of equality and non-discrimination and incorporates new precepts for the application and interpretation of the Code, which guarantee the rights of workers.
Therefore, rights, in their regulation and implementation, must be increased gradually and systematically, in a manner beneficial to workers, in accordance with the context and economic and social conditions, both by the State—through the implementation of new regulations—and through the negotiation and execution of collective bargaining agreements and employment contracts.
It requires that regulatory changes do not entail regression, reduction, or loss of previously recognized labor rights. If such changes occur, they are considered null and void and not implemented, except when they are unobjectionable for reasons of public or social interest.
Another principle is job stability, which consists of the right of the worker to continue in his or her position; it protects the indefinite nature and continuity of the employment relationship and the legal security of the worker's enjoyment of their rights; it also defines that the termination of a fixed-term employment relationship is subject to the causes provided by law.
EMPLOYER POWERS
Respect for the constitutional rights and guarantees of workers.
The employer may not force the worker to remain with the entity for a period longer than the notice period provided for the termination of the employment relationship.
It is stipulated that employers in any sector, except the budgeted sector, are required to take out an insurance policy to protect workers' income in the event of a work interruption; termination of the employment relationship for economic, technological, or structural reasons; dissolution of the MSME; and temporary suspension of the employer's activity.
Furthermore, in accordance with the Convention on the Rights of the Child, the legal capacity to enter into employment relationships is modified from 17 to 18 years of age, and special protection is maintained for adolescents who exceptionally join the employment services.
The Code establishes that the possibility of transferring labor collectives to replace a deficient workforce, either temporarily or permanently, is extended to all territories—currently applicable only to Havana—with guaranteed living and housing conditions, and the right to return to their provinces of origin.
In this regard, the law adds, the individual hiring of workers from other provinces in the country is governed without requiring any authorization.
To guarantee occupational health and safety, as well as active, social, and family rest for workers, it is established that the length of the workday for those who engage in multiple employment cannot exceed 13 hours per day.
In addition, the concept of pluriactivity is added, which applies to workers who have more than one job and simultaneously work under the supervision of an employer, perform self-employment, and, consequently, are subject to social security regimes.
Regarding employment contracts and collective bargaining agreements, it is defined that any clauses that diminish or undermine them are considered void.
Furthermore, forced labor is prohibited and the prohibition of forced labor for children and adolescents is ratified, as well as discrimination, violence, and harassment in the workplace. (Text and photo: Granma Digital)
