Citizenship

Frequent questions

What legal protection exists to use remote work and telework?

Under current conditions, the use of remote work should be prioritized, and within this the teleworking modality, in activities that allow it. Remote work is one of the measures that has been implemented since September 2019; in the current situation, it constitutes a protection for workers, since they will be less exposed to risks and can continue working, charging 100% of their salary, according to the forms and payment systems applied by the entity. Article 24 of Law No. 116 of the Labor Code of December 20, 2013, which establishes the content of employment contracts, in subsection e) provides for the agreement of the workplace, which may be the domicile of the worker. In the case of teleworking, it is required to have the necessary means to facilitate the worker being able to work from home, using computer technologies and connectivity. The modification of the initial conditions of the employment contract is formalized by means of a supplement, where the periodicity for the delivery of the work and other matters of interest are agreed, in accordance with the provisions of article 42 of the Labor Code, which allows a control cash from work performed. In the case of remote work and teleworking, the worker continues to enjoy the rights and benefits, including the payment of the food stipend.

Can part-time employment contracts be agreed?

The conclusion of part-time employment contracts may be agreed according to the requirements of production and services, with a duration shorter than the daily workday, in which case the remuneration is proportional to the work time, as provided in the article 27 of the Labor Code.

What labor and salary treatment is applied to the stoppage of work activities?

Given the cessation of work activities, the employer prioritizes the relocation of workers in other activities, within or outside the entity, including those determined by need of the territory. If the worker is relocated to another position within or outside the entity, the salary of the new position accrues in accordance with the form and payment system applied; If you relocate to an activity without a position, you receive your basic salary. In no case does the worker lose the employment relationship with their home entity. When it is not possible to relocate the worker, she receives a wage guarantee equivalent to one hundred percent of her daily basic salary during the first month, and after this, the guarantee is sixty percent while the stoppage lasts.

Workers who were already interrupted in previous periods and received the 100% salary guarantee for the first month, and are currently without a salary guarantee, do they only receive the corresponding 60% during this period?

No. For workers declared previously interrupted for other reasons, who were subject to the salary treatment provided for in Decree No. 326 “Labor Code Regulations”, and as a consequence of the measures adopted to confront COVID-19, it is paralyzed. its activity, the approved labor and salary treatment is applied in full for the duration of this epidemiological situation, and the salary guarantee paid in previous work interruptions is not taken into account. If the worker is previously interrupted, receiving the salary guarantee during the first month at 100%, and his activity is paralyzed for the reasons described above, the collection of this guarantee is interrupted and the salary guarantee provided for on a temporary basis begins to be applied. for this epidemiological situation.

Can vacations be granted or settled before executing the labor and salary treatment foreseen for the interruption of work?

The current epidemiological situation and the measures that have been approved require employers to use remote work in activities where possible, within it the teleworking modality; relocation should be prioritized in other activities, including those required by the territory and when relocation is not possible, pay the salary guarantee of 100% of the basic salary during the first month and if the activity is stopped, they receive 60 % while this situation continues. Annual vacations are intended to put an end to the labor fatigue produced by work and are scheduled by the employer taking into account the requirements of production and services, and therefore it is not appropriate to grant them on a mandatory basis due to the existing epidemiological situation. The foregoing does not limit that workers with accumulated vacation envelopes can enjoy it in this period, upon request of the worker.

During the period of work interruption, do you accumulate vacations?

If the worker relocates to another position or another activity, he accumulates the vacation for the days actually worked. The period in which the wage guarantee is received is not considered as time actually worked for the purposes of accruing vacation, as provided in article 103 of the Labor Code.

What is the labor and salary treatment of a worker subject to moonlighting, who is declared interrupted?

Under both employment relationships, the labor and salary treatment is applied in the entity where the contract is signed for an indefinite period.

What is the labor and salary treatment for the worker hired indefinitely for discontinuous or cyclical activities, whose activity is paralyzed due to the current epidemiological situation?

As long as they remain in the agreed work cycle, the labor and salary treatment provided for the work interruption until the expiration of the period or season is applied. In the inter-cycle period, the employment relationship is suspended and no remuneration is paid, resuming once the work cycle begins; in this interval the worker has the right to work in any sector or activity, as provided in article 26 of the Labor Code. It is not appropriate to conclude the initially agreed work cycle, before the expiration of the term agreed by the parties, as this has no legal protection whatsoever.

What treatment is applied to workers who are in a trial period, or those who are working in eventual activities by means of a fixed-term contract, whose work activity is paralyzed?

During the trial period and in cases of eventual or emerging work activities, the employment relationship is formalized through a fixed-term contract, which may end, before the agreed term, on the initiative of one of the parties. Consequently, the employer is empowered to decide the termination of the employment relationship before its expiration, in which case a prior notice of 15 days must be made. If, before the expiration of the probationary period, the employer considers that the worker is suitable to occupy the position, he formalizes the employment relationship for an indefinite period and applies the labor and salary treatment provided for the interruption of work. In the case of those hired for a specified time for the execution of a job or work, the employer determines whether the employment relationship is terminated, otherwise the labor and salary treatment provided for the interruption of employment until the expiration date is applied. agreed.

If the worker does not accept the relocation, what labor and salary treatment is applied?

In all cases, it must be ensured that the relocation is carried out in tasks or activities in correspondence with the current epidemiological situation in the presence of COVID-19 and the conditions of the worker. If you do not accept the relocation in an unjustified way, you maintain the link with the entity, although no salary guarantee is paid during the period of the interruption.

Can the employment relationship be terminated with a worker who traveled abroad for private reasons and when the unpaid leave granted expires, he does not return to work because he cannot return to the country?

No. If, upon expiration of the unpaid leave initially granted, the worker cannot return to the country due to the travel restrictions established, the link with the entity is maintained and the employer extends its duration, upon request of the worker.

What labor treatment is applied to workers who traveled abroad or moved to another province during the vacation period, and cannot return due to the travel restrictions established?

Given the impossibility of returning to work, after the holidays, due to the travel restrictions established within or outside the country, the worker's relationship with the entity is maintained and the employer grants unpaid leave upon request of the worker.

What treatment is applied to workers with family responsibilities for the care of their elderly parents?

The employer may grant an unpaid leave to care for that relative, providing the start and end date in writing, as provided in article 108 of the Labor Code. Protection against temporary incapacity to work.

What protection do workers who get sick from COVID-19 receive?

Sick workers from COVID-19 are paid the subsidy for the disease of common origin, provided for in Social Security Law No. 105 of December 27, 2008. During hospitalization they receive 50% of the average salary received by the worker, in the year immediately prior to the date the illness occurred; If you are not hospitalized, you receive 60% of this average salary.

If the worker becomes ill for periods of less than a week, what work and salary treatment is applied?

The employer considers the absence of the worker prevented from attending or staying at his workplace to be justified, for reasons of illness or suspicion thereof, without the certification of the healthcare center, in which case no salary remuneration or security provision is required. social, as provided in article 56 of Decree No. 283 Regulation of the Social Security Law, of April 6, 2009.

What treatment is applied to workers incapacitated to work due to illness or accident who arrive at 6 months receiving a subsidy, and due to the current epidemiological situation, it is not possible to present it to the Commission of Labor Medical Expertise?

If for reasons beyond their control, the worker is not evaluated within the term set by the Labor Medical Expert Commission, the payment of the subsidy is maintained, in accordance with the provisions of article 93 of Decree No. 283 Regulation of the Law of Social Security. Protection of working mothers

What protection does the working mother with children receive in primary and special education, before the suspension of classes?

The mother or father or the relative who has the status of workers, and are in charge of the care of the minor who is suspended from school in primary and special education, receive during the first month a salary guarantee equivalent to one hundred percent of the basic salary, and if the suspension is maintained, the guarantee is sixty percent. In this measure, working mothers with children in the children's circle are not included, taking into account that these institutions continue to work. Nor does it include working mothers with children in secondary school.

What labor and salary treatment do working mothers with young children receive in the care of assistants from the non-state sector, whose holders requested temporary suspension for the exercise of the activity, as well as mothers with children in secondary education under the age of 16?

The mother, the father or the maternal or paternal grandparents, who are in charge of the care of the minor, have the right to enjoy unpaid leave, for the care of the children under the age of 17, for a period of up to 6 months; it is initially granted for a maximum period of three months, extendable for three more months, if the causes that motivated the request persist, and cannot be less than one week, the requirement of which is that they have actually worked four months within the six prior to the date of application for the license, in accordance with the provisions of articles 33 and 34 of Decree Law No. 339 "On the Maternity of the worker"

In the cases in which the child is suspended from the infant circle due to a cold, what labor and salary treatment is applied to the mother?

The mother, father or maternal or paternal grandparents who are workers, have the right to enjoy the unpaid leave provided for in Decree Law No. 339 "On the Maternity of the worker". Non-state sector.

What guarantee does the worker hired by an employer authorized to carry out an activity on his own account that, although he continues to provide services, the level of income decreases?

In these cases, the employer is obliged to guarantee a remuneration in proportion to the real time worked, to the contracted workers who keep working, the amount of which cannot be less than the country's minimum wage, as provided in Law No. 116 Code. of Work, of December 20, 2013. Those who stop providing services, may request the temporary suspension of the exercise of the activity.

Is the self-employed worker obliged to continue working, given the application of the measures adopted to confront COVID-19?

No. The temporary stoppage of the service is incorporated as a cause of suspension for the exercise of self-employment activity, which is granted upon request of the interested party to the authorized entities. To request the temporary suspension, the presence of the self-employed worker in the offices of the authorized entities is not required; It can be delivered electronically to the email addresses that have been reported; by telephone; mailboxes have been arranged in the popular councils to avoid crowds in the offices. In all cases, the request must contain the first and last name of the self-employed worker, permanent identity number, activity he exercises, municipality, province and period for which the temporary suspension is requested. It has been reported in the Round Table that to request the suspension, it is not necessary to deliver the authorization to exercise the activity, nor the book in the case of the tenants, nor the sticker.

What protection does the State offer to people who, as a consequence of the application of the measures by COVID-19, have insufficient income?

In view of the decrease in the income of the family nucleus due to the application of these measures, whenever the insufficiency of income for the payment of basic services is verified, the temporary monetary benefit of social assistance is granted, in the amounts currently in force, according to the composition of the family nucleus, regardless of the sector where they work. Consequently, the workers who, as a consequence of the labor measures applied to face the COVID-19, consider insufficient the economic capacity of their family nucleus to meet their basic needs, may request help from social assistance.

What treatment will older workers have before COVID-19?

If the worker can work remotely, this measure is applied, which is more favorable in terms of wages. If this is not possible, do not keep older adult workers working in a fragile condition, as a preventive measure before COVID-19. In these cases, the worker earns a salary guarantee equivalent to 100% of her basic salary in the first month, after which she receives 60% while in isolation.

What treatment will workers who are not older adults but have a fragile condition before COVID-19?

Workers who are not older adults but have fragile conditions (chronic diseases, such as high blood pressure, heart disease, diabetes mellitus, respiratory diseases, immunological diseases, cancer and others reported by MINSAP) as a preventive measure before COVID- 19 do not keep working and earn a salary guarantee equivalent to 100% of their basic salary the first month, after which they receive 60% while in isolation.

What salary treatment will working mothers who have not been declared interrupted and who decide not to take the child to the child care center or private caregiver have to comply with social isolation?

Mothers who make the decision not to take the child to a child circle or private caregiver to comply with social isolation and who were not declared by the administrations where they work interruptions or are working remotely, including telework, receive during the first month , a salary guarantee equivalent to 100% of the basic salary and until the epidemiological situation of 60% is maintained.

What is applied regarding labor procedures during the country's epidemiological situation?

In compliance with the measures adopted by the country's leadership to reduce the procedures in the Public Administration, keeping only the minimum necessary, the following is added to the provisions: -Temporary suspension of the processing of labor processes received or in process by bodies that resolve labor disputes in the entities, which are resumed once the epidemiological situation has ended, in the same state in which it was when the suspension was decreed, including the computation of the terms and deadlines.

Is it mandatory for entities to use remote work in activities where possible?

Yes. In the current circumstances, it is the measure that must be applied with priority over the rest of the measures; it constitutes a protection for workers, since they will be less exposed to risks, they can continue working and collecting one hundred percent of their salary, according to the forms and payment systems applied in the entity, including the food stipend and payment for concept stimulation in convertible pesos.

This modality guarantees social isolation, without affecting wages; fuel, electricity are saved, the mass transfer of workers in urban transport is avoided and it is a measure that can be maintained, once this epidemiological situation has been overcome.

The employer must maintain control of the fulfillment of the assigned tasks.

What is the labor and salary treatment that the employing entities apply to workers who work in foreign investment, given the epidemiological situation in the country?

Cuban or foreign personnel permanently resident in the Republic of Cuba who provide services in mixed companies and in companies with totally foreign capital, with the exception of the members of its management and administration body, are hired by an employing entity, so the employment relationship is formalized with her.

The parties must comply with what is agreed in the Contract for the Supply of Labor Force and the legislation for foreign investment, for the treatment before the labor interruption and after the agreed period of interruption, they can renegotiate the Supply Contract to include the treatment before the current epidemiological situation or return workers, compensating them as established.

Do stimulation systems in convertible pesos take into account the profit compliance indicator?

No. The condition referring to compliance with profits is eliminated in entities that apply systems of stimulation in convertible pesos linked to compliance and overcompliance with productive and efficiency indicators.

What is the treatment to be applied to declared interrupted workers in whose entities stimulation systems are applied in convertible pesos?

To workers declared interrupted, the stimulation is granted proportionally to the time actually worked, including the time spent on recovery.

What is the labor and salary treatment of adult workers over 60 and others in conditions of fragility compared to Covid 19?

According to the provisions of the Ministry of Public Health, people with chronic diseases, such as hypertension, heart disease, diabetes mellitus, respiratory diseases, immunological diseases, cancer, have a fragile condition to COVID -19 in Cuba. and others that are reported by said body.

In order to protect the health of vulnerable workers, it is the responsibility of the employer, together with the worker, to assess the risk situation and, consequently, decide and apply the appropriate treatment in each case, always under the principle that they cannot be left working in the entity vulnerable workers.

Adult workers over 60 years of age and others who, despite not being elderly, are fragile due to their physical conditions and, as a preventive measure, their social isolation is required, earn a salary guarantee equivalent to 100% of their basic salary the first month, after which they receive 60% while the insulation lasts.

Is it required to present any document or do I record the illnesses that the worker presents to be subject to the application of the approved salary treatment?

It is not required to present a document or medical certificate of the diseases that it presents, as a guarantee or condition for the approved special treatment to be applicable.

What labor and salary treatment is applied to a worker who is working remotely, and who also has the status of elderly with diseases that put her in a fragile situation before COVID-19?

It keeps working remotely, in which case the worker accrues 100% of the salary, according to the forms and payment systems that correspond to her, as long as she complies with the social isolation measures and is more favorable for the worker.

What treatment is applied to reinstated retirees who must be sent to their home because they are in fragile conditions in the presence of COVID-19?

Reincorporated retirees hired for an indefinite period are subject to the measures approved in a similar way to the rest of the workers. In the case of those hired for a specified time or for the execution of a job or work, the employer determines whether the employment relationship is terminated, complying with the provisions of the prior notice period. If it is decided to maintain the employment relationship, the corresponding labor and salary treatment is applied.

Can workers of any occupational category be declared interrupted?

Yes. The work interruption is applied as of the work stoppage, as a consequence of the measures adopted by the presence of COVID-19.

What salary treatment is applied to the mother with children in the circle of children or the Assistant for educational care and childcare in the non-state sector?

Mothers who make the decision not to take the child to the circle of children or the "Assistant for educational care and childcare", to comply with social isolation, and who were not declared by the administrations where interrupts work, nor were they find working remotely, including teleworking, receive during the first month a salary guarantee equivalent to 100% of the basic salary and until the epidemiological situation of 60% is maintained.

If the mother with children in primary and special education was previously interrupted, is the salary treatment that she receives continuous from the previous one?

No. The salary guarantee received by the mother, father or relative responsible for the care of the minor is a special treatment on a temporary basis, approved for this epidemiological situation and although it coincides with the treatment foreseen for work interruption, it is independent of the one that they received in previous moments for the interruption that could have been decreed in their entity.

What treatment is applied to the mother if, upon expiration of the unpaid maternity leave, her incorporation becomes impossible because she has no other relative who can take care of her child?

In the current circumstances and based on the existing epidemiological situation and the measures that have been adopted by the Ministry of Education to confront COVID-19, among which is to postpone the adaptation processes and granting of children's circles, the license is extended unpaid to the mother who is in the enjoyment of complementary maternity leave and its expiration is impossible to join because she has no other family member who can take care of her child and the granting of the children's circle was postponed.

What treatment is applied to pregnant workers in view of the existing epidemiological situation?

The pregnant worker who, due to a medical prescription, cannot remain in office because she considers herself harmful to the pregnancy, has the right to be transferred from a job, with the guarantee of one hundred percent of the average wages received in the twelve months prior to the month of her transfer, in accordance with the provisions of article 5 of Decree Law No. 339 "On the Maternity of the worker", of December 8, 2016.

If she cannot be relocated, she is paid sixty percent of the average salary received in the twelve months prior to the cessation of her work, which expires on the date of commencement of prenatal leave, whether paid or not.

Taking into account the above, the pregnant worker can go to her attending doctor, in order to assess the health situation that may present and indicate what is appropriate.

In cases where preventive isolation is decided at home, what labor and salary treatment is applied?

Workers who, by order of the health authority, are in preventive isolation with domiciliary income and restriction of movement for fourteen days or for the time that is available, receive one hundred percent of their basic salary.

Upon her discharge, said authority issues a certificate that the isolation has ended.

If the worker decides not to attend work and isolate himself, what salary treatment is applied?

No labor or salary treatment is applied. If the entity's work activity is not paralyzed, the worker has the obligation to attend work, if she is not subject to any of the measures adopted. Unexcused absence is a violation of discipline and, accordingly, it is appropriate to apply the provisions of the legislation on labor discipline.

Is the temporary suspension for the exercise of self-employment activity from activities that have been suspended by the Government ex officio?

Yes. When the total closure of an activity is determined by the National Temporary Group or by the Defense Council, the entity that issued the authorization, automatically processes the suspension of the exercise of the activity.

Can the self-employed person who works in a common area or on an outpatient basis work at home?

Yes. They can carry out the activities at home, complying with the protection measures indicated by the health authorities.

The self-employed worker who has suspended the exercise of his activity, can be linked in this period to work in the state sector?

Yes. There is nothing to prevent the state sector from being linked to employment, in food production, in caring for vulnerable people or other activities that are required in the territory.

Do the Labor Justice bodies continue to process the claims they have received?

No. The processing of the labor processes received or in process by the bodies that in the entities resolve the labor conflicts are temporarily suspended, which are resumed once the epidemiological situation is concluded in the same state in which it was when the suspension was decreed. , including the computation of the terms and terms established.

It is clarified that the foregoing does not mean that the terms for the application of disciplinary measures are suspended or paralyzed, and the worker is notified of the paralysis of the claim process before the bodies that resolve labor disputes in the entities.

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