Formalizing A Contract, A Right And A Duty

It is proved that in many places this is only verbal act without any legal document ensuring, for instance, the working days and hours, vacations or rest days

By: Carlos Heredia Reyes

Imbued by the rising and prospects of tourism, especially in those cities or areas that became the main attaction of this emerging sector, many people were hired to work as assistants in small-private restaurants (better known as “paladares”), cafeterias and other authorized activities.
Viñales, Trinidad, Varadero and Old Havana, among others, have not escaped this phenomenon due to the increase the non-state sector’s participation has had, and will continue to have, in such an important branch of the economy.
Therefore, the activities with the most people registered as self-employed workers are precisely those of hired workers and rental accomodation.
Certainly, many young people seek an economic improvement and in this regard, the State seeks to guide and explain the established legal regulations as well as to remind them their rights and duties, and to demand the contract that must be signed between both parties to the business guardians, through the Municipal Directorates of Labor and Social Security, the Territorial Offices of Tax Administration and other mechanisms.
It is proved that in many places this is only verbal act without any legal document ensuring; for instance, the working days and hours, vacations or rest days.
Before the Commission for Youth and Women’s Rights Equality representatives of the Cuban Parliament, the first deputy minister of the Ministry of Labor and Social Security (MTSS), Marta Elena Feitódo Cabrera, pointed out that one of the main aspects introduced is the relationship between legal persons referred in the Labor Code, Law 116.
“Every owner who hires workers has to establish and binding a contract with them, or an equivalent written document. The Code defines the minimum of rights employers should guarantee for the hired labor force.
“Self-employees have eight hours of work per day guaranteed, and up to one additional hour, and a maximum of 44 hours a week, as well as those of the state sector. Therefore, they should know their own rights and demand their compliance.
“Law 116 ratifies equality at work, non-discrimination by gender, skin color, religious beliefs or sexual orientation. We must harness the technical knowledge it provides, we have the tools”, Marta Elena Feitó argued.
In a Trabajadores newspaper report entitled Contratos: ¿verbales or escritos?, colleagues María de las Nieves Galá and Alina M. Lotti said that even in employee-employer relationships, the standards are defined. The value of signed contract is still pending since there are situations with pregnant women, who after giving birth return to work positions and often find no vacancy.
Some owners hire young women with good appearance under the pretext of attracting a greater number of clients, and those who exceed 40 years have it difficult to fill a vacant waiting on consumers.
According to the article 24 of Law, No. 116 of 20 December of 2013, Labor Code, the work contract should include the worker’s general data: names and last names, identity number, contract type, beginning date and its lenght, work position and content; remuneration and frequency of payment; health and safety conditions at work depending on the work position; as well as the date and signature the contract was signed by the parties.
“Other terms the parties may agree, provided they do not contradict the legislation may be included,” Director of the Legal Department of the Ministry of Labor and Social Security (MTSS), Yudelvis Álvarez Fonseca, told the seminar Trabajadores in February.
In her opinion it is necessary that each of the parties keep a copy of this work contract, which guarantees that if some of the agreed terms are breached and in the exercise of the right to directly submit a claim to the Municipal People’s Court, there is an evidential document in the process.
“The workers must demand it, sometimes it is seen as a guarantee and it is important that they know it. Some are afraid to demand or enjoy their work rights, often placing economic benefits over these labor rights, recognized and supported by legislation, ” the specialist said.
Translated by ESTI