Leblanc by Francisco Amato *
is a fact that since its inception, the principle of the suitability originated a series of deformations in its interpretation, taken unilaterally by the state government as a result of subjectivist positions caused by a poor and false identification of conditions of release, (valued very superficially in some cases and in others maliciously), which led to conflicting figures such as discrimination, nepotism, cronyism and favoritism. Also it was confirmed the emergence of serious irresponsibility on the decisions of the committee members approval, which must act with fairness and impartiality in the workplace, to the entry, retention and promotion in employment of workers.
It was observed that some entities are entered into gossip and concessions to the granting of a better right to determine whether the worker was promoted or remained in the center, as recognized by the national press itself. ° And what about those workers who, for an absurd and erroneous application of the adequacy were subject to discriminatory actions, motivated because of their gender, skin color, religion, political opinion, national or social origin or any other offense against human dignity?
And not only has done an inadequate, unjust and arbitrary interpretation of fitness, but his whimsical and absurd application has reached such extremes that there have been cases where not only political opinion a decision was misguided and inappropriate but only by knowing the membership of dissent or orally share some of their aspirations the worker in question, has won his removal from office and workplace mercilessly.
Yes we must stress with emphasis (to that does not ignore) the adequacy principle is universally collected, including the ILO (International Labour Organization), characterizing it as "real proven ability" or "fitness certainly proven" or simply "fit shown." And what is the concept of the well appointed "fitness"? This is nothing more than "a set of special conditions required to perform jobs or workplaces, according to their nature or characteristics."
Therefore, when a worker signs a contract with the Administration to work, it entered the "requirements suitability "to be met by the worker to perform the duties, if required. This is the concept, hence it is argued that the best right to a place or position characterizes it and strengthens the relevance, because it gives precedence to the worker more skilled, more qualified, more skilled and skilled-in short, more ready- , to perform the tasks and duties, which must abide by and to correspond with the results of their work.
then undoubtedly, some administrations simulated knowingly ignore the provisions in the preceding paragraphs, and instead, took advantage of the opportunity, by a malicious interpretation, "Shake off and discard the center" to that employee regarded by them as "confrontational", "controversial" or simply "dangerous", only to issue criteria or honest criticism about the poor or erratic performance management or administration in a aspect of the work, including making statements or remarks in a meeting or union meeting, which showed unmistakably that the "suitability" only served as a fulcrum and ostensible pretext for their enmity, thus getting rid of the worker.
True Resolution N ° 08 ¤ 2005, on March , 2005 (General Regulation on Labour Relations) of MINTRAB, Article 20, made it established the general requirements that make the determination of the income of workers, retention and promotion, as well as their incorporation into training and development through the "fit and proven", which are:
· Taking the job with efficiency, quality and productivity required.
· Compliance with the standards of conduct general or specific, and personal characteristics required in the performance of certain occupations or positions established in the Internal Rules of the entity.
· formal rating, expressed in the educational certificates or degrees, corresponding to the requirements for the occupation or position he aspires to play.
It is therefore vital that the role be played by the union leadership, both by their active, consistent and orderly, for counseling and channeling because it involves the procedure to be followed. And when we talk about the important role of the union, we are referring to that organization, detached from any impregnation or tutelage by the administrative work and play fully its responsibility as a union, advocacy and representation of workers in the workplace.
In the same way as other basic tasks that the union must tackle in the implementation of appropriate mechanisms should be carefully completed at the end that does not appear subjectivist attitudes, negative and counterproductive to the detriment of workers, are the following :
· Subscribe to the administrative management of the entity in the collective bargaining agreement, techniques and procedures used in each case to determine the suitability demonstrated.
• Require the Directors of the company's ultimate preparation of the members of the Committee of Experts and Body Worker Justice Base.
· Try it both in committee approval and in the Committee of Experts, the union leader appointed and elected workers are the most capable and prepared to fulfill their duty to guide and solution.
· Alerts to the Administration when not properly complied with the provisions of Resolution N ° 08 ¤ 2005 (General Regulation on Labour Relations) of MINTRAB, regarding the suitability demonstrated.
Finally, it is good to note that, with allegations of poor or uneven application of the principle of suitability, the employee is dissatisfied with the decision of the chief authority to do so can claim in law labor, as well as provided for in Article 36 of the Rules of the above Resolution No. 2005 MINTRAB ¤ 08, at the Body of basic labor justice, according to the procedure laid down in Decree No. 126 of August 15, 1997 and its complementary legislation.
What we should be quite clear is that fitness is not to "shake off" a worker who may or may not have particular problem. If the employee committed a breach of discipline, you must read the Internal Discipline Rules, if the worker presents difficulties because of problems of knowledge, one must take into consideration the established guidelines for training. What itself can not separate an employee from his office or position in situations of political or religious marginalization, or prejudice or enmity.
Recently, the State Council issued Decree Law No. 246 (De Violations of Labor Laws on the Protection and Hygiene of Labor and Social Security), dated May 29, 2007, which in Article 16 , paragraph 3 states that commits violation (and imposing a fine of 200 pesos if natural person, and 4,000 pesos if legal person) that: "3 .- It takes no account of the better right, in accordance with established by law, to decide the incorporation to employment, retention, promotion and ratings of a worker. "
So even our current legal system provides that all cases may incur a flagrant violation of the suitability shown, in order that the violation of this principle does not go unpunished.
* Leblanc Francisco Amate: Habanero. Graduate degree in legal studies (University of Havana, 1963). He has worked as a lawyer in the maritime and fishing industry. Specializing in Labor Law. Current member Agramontista. Director of the Cuban Institute of Independent Trade Union Studies (Havana).
° Newspaper Workers May 12, 2003.
is a fact that since its inception, the principle of the suitability originated a series of deformations in its interpretation, taken unilaterally by the state government as a result of subjectivist positions caused by a poor and false identification of conditions of release, (valued very superficially in some cases and in others maliciously), which led to conflicting figures such as discrimination, nepotism, cronyism and favoritism. Also it was confirmed the emergence of serious irresponsibility on the decisions of the committee members approval, which must act with fairness and impartiality in the workplace, to the entry, retention and promotion in employment of workers.
It was observed that some entities are entered into gossip and concessions to the granting of a better right to determine whether the worker was promoted or remained in the center, as recognized by the national press itself. ° And what about those workers who, for an absurd and erroneous application of the adequacy were subject to discriminatory actions, motivated because of their gender, skin color, religion, political opinion, national or social origin or any other offense against human dignity?
And not only has done an inadequate, unjust and arbitrary interpretation of fitness, but his whimsical and absurd application has reached such extremes that there have been cases where not only political opinion a decision was misguided and inappropriate but only by knowing the membership of dissent or orally share some of their aspirations the worker in question, has won his removal from office and workplace mercilessly.
Yes we must stress with emphasis (to that does not ignore) the adequacy principle is universally collected, including the ILO (International Labour Organization), characterizing it as "real proven ability" or "fitness certainly proven" or simply "fit shown." And what is the concept of the well appointed "fitness"? This is nothing more than "a set of special conditions required to perform jobs or workplaces, according to their nature or characteristics."
Therefore, when a worker signs a contract with the Administration to work, it entered the "requirements suitability "to be met by the worker to perform the duties, if required. This is the concept, hence it is argued that the best right to a place or position characterizes it and strengthens the relevance, because it gives precedence to the worker more skilled, more qualified, more skilled and skilled-in short, more ready- , to perform the tasks and duties, which must abide by and to correspond with the results of their work.
then undoubtedly, some administrations simulated knowingly ignore the provisions in the preceding paragraphs, and instead, took advantage of the opportunity, by a malicious interpretation, "Shake off and discard the center" to that employee regarded by them as "confrontational", "controversial" or simply "dangerous", only to issue criteria or honest criticism about the poor or erratic performance management or administration in a aspect of the work, including making statements or remarks in a meeting or union meeting, which showed unmistakably that the "suitability" only served as a fulcrum and ostensible pretext for their enmity, thus getting rid of the worker.
True Resolution N ° 08 ¤ 2005, on March , 2005 (General Regulation on Labour Relations) of MINTRAB, Article 20, made it established the general requirements that make the determination of the income of workers, retention and promotion, as well as their incorporation into training and development through the "fit and proven", which are:
· Taking the job with efficiency, quality and productivity required.
· Compliance with the standards of conduct general or specific, and personal characteristics required in the performance of certain occupations or positions established in the Internal Rules of the entity.
· formal rating, expressed in the educational certificates or degrees, corresponding to the requirements for the occupation or position he aspires to play.
It is therefore vital that the role be played by the union leadership, both by their active, consistent and orderly, for counseling and channeling because it involves the procedure to be followed. And when we talk about the important role of the union, we are referring to that organization, detached from any impregnation or tutelage by the administrative work and play fully its responsibility as a union, advocacy and representation of workers in the workplace.
In the same way as other basic tasks that the union must tackle in the implementation of appropriate mechanisms should be carefully completed at the end that does not appear subjectivist attitudes, negative and counterproductive to the detriment of workers, are the following :
· Subscribe to the administrative management of the entity in the collective bargaining agreement, techniques and procedures used in each case to determine the suitability demonstrated.
• Require the Directors of the company's ultimate preparation of the members of the Committee of Experts and Body Worker Justice Base.
· Try it both in committee approval and in the Committee of Experts, the union leader appointed and elected workers are the most capable and prepared to fulfill their duty to guide and solution.
· Alerts to the Administration when not properly complied with the provisions of Resolution N ° 08 ¤ 2005 (General Regulation on Labour Relations) of MINTRAB, regarding the suitability demonstrated.
Finally, it is good to note that, with allegations of poor or uneven application of the principle of suitability, the employee is dissatisfied with the decision of the chief authority to do so can claim in law labor, as well as provided for in Article 36 of the Rules of the above Resolution No. 2005 MINTRAB ¤ 08, at the Body of basic labor justice, according to the procedure laid down in Decree No. 126 of August 15, 1997 and its complementary legislation.
What we should be quite clear is that fitness is not to "shake off" a worker who may or may not have particular problem. If the employee committed a breach of discipline, you must read the Internal Discipline Rules, if the worker presents difficulties because of problems of knowledge, one must take into consideration the established guidelines for training. What itself can not separate an employee from his office or position in situations of political or religious marginalization, or prejudice or enmity.
Recently, the State Council issued Decree Law No. 246 (De Violations of Labor Laws on the Protection and Hygiene of Labor and Social Security), dated May 29, 2007, which in Article 16 , paragraph 3 states that commits violation (and imposing a fine of 200 pesos if natural person, and 4,000 pesos if legal person) that: "3 .- It takes no account of the better right, in accordance with established by law, to decide the incorporation to employment, retention, promotion and ratings of a worker. "
So even our current legal system provides that all cases may incur a flagrant violation of the suitability shown, in order that the violation of this principle does not go unpunished.
* Leblanc Francisco Amate: Habanero. Graduate degree in legal studies (University of Havana, 1963). He has worked as a lawyer in the maritime and fishing industry. Specializing in Labor Law. Current member Agramontista. Director of the Cuban Institute of Independent Trade Union Studies (Havana).
° Newspaper Workers May 12, 2003.
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