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1984 Leg. Ser. 1 (1984)

handle is hein.intyb/lbrldc0066 and id is 1 raw text is: International Legislative Series Labour Office 1984-Cuba 1 Comments on the Labour Code of the Republic of Cuba Antonio Raudilio MARTIN SANCHEZ* INTRODUCTION During the pre-revolutionary period various drafts or preliminary drafts of a Labour Code were prepared in Cuba, such as that by Francisco Fernandez PIA in 1944, and that of the Ministry of Labour in 1946 (known as the Carlos Azcirate Code, by the name of the then Minister of Labour). There are also indications that other codes had been drafted-by Jos6 L6pez P6rez in 1912, by Francisco Carrera J~istiz in 1919, by the Catholic Academy of Political Science of Cuba in 1920, and by Mariano Aramburu in 1924. Later on, in 1941, during Fulgencio Batista's first term of office, a presidential decree appointed a Drafting Committee to prepare a Labour Code, but without result. Most of these drafts were no more than technical or scholarly speculations, and the draft submitted to the Government in 1946 was not approved. As from January 1959 the Revolution initiated the radical changes in labour matters required by the revolutionary process. So far as the law was concerned, the changes were effected piecemeal. Not until 1976 did the Ministry of Labour prepare a preliminary draft of a Labour Code that was circulated to trade unions and other bodies for their comments. Their comments showed that as yet nothing had been done to deal with most of the matters arising from the XIIIth Congress of the Workers' Central Union in 197.3 (which had laid down the new guide-lines concerning labour and the economy), from the 1976 Constitution of the Republic, or from the System of Management and Planning of the Economy. This is clear from the fact that after 1976 new principles were introduced on matters such as employment policy and policy for the recruitment of workers, the rights and duties of state undertakings, paid annual leave, the treatment of the historic wage and work stoppages, wage organisation, improvements in work discipline and the settlement of industrial disputes, improvements in occu- pational safety and health, procedure for vocational training including ap- prenticeship, social security, and measures for harmonising and supervising collective contracts of employment, and regulations on state and trade union labour inspections. By the time of the XIVth and XVth Congresses of the Workers' Central Union in 1978 and 1984, when these voted in favour of the .codification of labour law, there was already a sufficient and up-to-date legislative basis for labour relations which, in its essentials, corresponded to the chapters normally included in labour codes. The first Labour Code in Cuban history was approved by the National People's Power Assembly on 28 December 1984 in Act No. 49, after three years * Director of Labour Legislation of the State Labour and Social Security Committee; President of the Cuban Society of Labour Law; Member of the Executive Bureau of the National Union of Jurists of Cuba; Advisory Member of the Presidency of the National People's Power Assembly; Member of the Drafting Committee of the Labour Code of the Republic of Cuba. Copyright © International Labour Organisation 1985 3/1985

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