T H E C U B A It E \' I E W 11 



RULES AND REGULATIONS FOR THE ENFORCEMENT 

 OF THE WORKMEN'S COMPENSATION ACT 

 RECENTLY ENACTED IN CUBA 



Translated by Charlen Aiujuio of the New York Bar 



XOTK: The purpose of the translator has been to make the meaning of th(; Spanish 

 text eloar to the English speaking reader rather than to translate it literally. 



In uccordiince with the Dowers conferred utjon me by Article 68 of the Const it ufi(jn, and 

 Dursuant to the provisions of Article 52 of the law of Juno 12th of the current year enacted by 

 tlic Honorable Congress of the Rcuublic and relating to the compensation of workmen for 

 accidental injuries sustained in the course of their emploj-ment, and on motion of the Secretary 

 of Agriculture, Commerce and Labor. I ai)i)rove, although teiiii)ora/ily, the following rules and 

 regulations: 



Article First: Jiy "Emjjloyer" is meant the individual or company A\liich is the owner 

 of the construction, business or industry in connection with which the work is being performed. 



If the construction, or any ])art thereof, is being done, or the industrj', or any j)art thereof 

 is being conducted, /nirsuanttoa contract, the "Contractor" shall be deemed the employer. 



Article Second: By "Workmen" is meant every person who is either permanently or 

 temporarily engaged in doing any work for a fixed remuneration, away from his own liome 

 The foreman, W'hose wages do not exceed $3.00 per day and whose contract of employment is 

 for at least thirtj- days, and the apprentices who work without any remuneration whatsoever 

 shall be deemed to be workmen within the meaning of this law. 



Workmen who because of the requirements of the work or the duties which are entrusted 

 to them are obliged to reside either by themselves or with their families in the place or on the 

 premises where the industry or the business is ];eing cank d r n shall not be deemed to be work- 

 ing in their own homes. 



Article Third: By virtue of the provisions of sub-division 1 1 cf Article 2 of the Law, the 

 employees of mercantile establishments shall be deemed to be within the protection of the law-. 



Artilce Fourth: For the purjjose of fixing the remuneration which the workman does not 

 receive in money, but in goods and in lodgings, or in any other form, said remrmeration shall 

 be cf)mputed in accordance with the average value in the locality of the goods furnished, or of 

 any other thing which may constitute svich remuneration. 



If the services of the workmen are contracted for on a jobbing basis, the remimeration 

 should be fixed by determining the remuneration Avhich, as a general rule, is received by work- 

 men of the same class as the victim of the accident for the same or similar kind of work. 



Article Fifth: Xotwithstanding the provisions cf sub-division 2 of Article 8 of the Law 

 which ])rescribe that no compensation shall be paid pursuant to the provisions of this Law 

 for injuries which do not result in incapacitating the workjnan or employee so that he cannot 

 gain his usual daih' wage during a period not less than two weeks, in view of what is provided 

 in Article 34 of the Law (following, as may be seen, .Article S thereof) regarding the obligation 

 of the emploj-er to render first aid to the injured, medical and pharmaceutical assistance, and 

 to pay the expenses of the funeral and interment, not exceeding, however, thirty dollars, it 

 shall always be the duty of the employer to pay these expenses, whatever may have been the 

 duration of the workman's incapacity for his work, it being noted that the requirement or 

 condition regarding the two weeks' incapacity may only be availed of by the employer and not 

 in anv manner may it be considered to extend to insurance companies. 



In regard to the medical and pharmaceutical assistance, it must be remembered that in 

 case the victim of the accident availing himself of theright conferred upon him l)y Article 29 of 

 the Law, wishes to designate the doctor and the druggist who are to assist him during the dura- 

 tion of the cure, his wishes in the matter must be acceded to, provided that the doctor or 

 druggist he designates shall reside in the locality where the injm-ed workjnan happens to be 



Article Sixth: The compensation to which the workmen are entitled and which should be 

 paid by the employer and by insurance companies, must be given in the same form, place, coin, 

 and at the times, in which thewageswere paid, unless, of course, the interested oarties should 

 otherwise agree. 



