Clarify on salary with piecework payment when affected by causes beyond the workers’ control
On February 12, from Marcané, Holguín, Jorge Reyes Ochoa asked why the workers who are paid piece rates at the Loynaz Echavarría sugar UEB are not paid the basic salary when the production plan is affected by problems unrelated to the group. And he added that in this situation are the three platoons of that entity, which often work half the month, and even less, because they do not have fuel and fertilizers or because of breakages in the equipment, which is not in their hands to solve.
In addition, he said, it was explained that since the new wage rate had not arrived, they were paid in January for the old one. “Didn’t the new arrangement start in January?” He asked, “why are we being paid for the old rate and the office staff for the new one, if supposedly it had not yet reached the company? I very much agree that we should not be paid if it is due to our inefficiency, but not for reasons totally unrelated to the collective.
In this regard, Reina Salermo Escalona, general director of the Holguín Sugar Company, responds that in Azcuba, to the groups whose work is regulated, such as mechanized harvesting, land preparation and cultivation and fertilization platoons, payment was approved to piecework, through which they can raise their income above their basic salary as long as they increase productivity and exceed the rules, beyond the actual time worked.
As for their basic salary to be paid for damages not attributable to them, it clarifies that current labor legislation (Decree No. 326 of the Council of Ministers) establishes that workers in manual and mechanized agricultural and forestry activities are not The work interruption is applied in the event of lack of fuel, supplies, breaks and other established ones, since once the impact has been overcome, these activities can be recovered with the consequent remuneration of the work.
However, it raises, given the repeated concern and proposals of these workers, consultations were made to the Ministry of Labor and Social Security (MTSS), to consider the groups, in the face of the aforementioned affectations, the work interruption. And that the provisions in this regard in terms of salary treatment proceed.
Finally, Azcuba received from the MTSS the indication, as part of the Ordinance Task, regarding guaranteeing the minimum wage in the labor groups linked to the piece-rate payment system:
«Make use of Law 116 Labor Code, Chapter X, First Section, Article 110: Workers who work full time have the right to receive the minimum monthly salary. The minimum wage for part-time workers is proportional to the length of time worked.
«The aforementioned article will be applied regardless of the payment system, although exceptionally and only when the causes of non-compliance are not attributable to the workers, and they remain in their job; example: lack of fuel, spare parts, among others ».
Regarding what was paid in January 2021, it clarifies that the rates for the activities described above were approved on December 30, 2020, duly signed by the president of the Sugar Group, the general secretary of the Sugar Union and the president of the ANAP, accordingly with the Ordering Task.
These rates, he adds, were applied to determine the salary formed by these groups at the end of January. The use of unapproved rates is ruled out.
He explains that these workers are assured clothing and footwear, and have adequate food with at least five courses, at an affordable and fixed price of five pesos for lunch or dinner. They enjoy paid daily, weekly and annual rest, and social security in situations of illness or other nature. The machinery used has adequate comfort and air conditioning.
They also have facilities for technical-professional training and improvement, and can promote actions before competent authorities to recognize their rights and receive responses from them.
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