In this sense, they are those who:
(a) Perform functions of administration, direction, surveillance and control over other workers, goods or resources, and hold the positions of brigade chiefs, workshop managers and warehouse managers;
(b) because of the characteristics of their activities and the level of leadership at which they are carried out, they must be reliable and hold the posts of executive secretaries and drivers; in both cases, they are ministers, deputy ministers, directors and other heads of entities; and
c) those who hold other positions that perform the same functions as provided for in subparagraphs a) and b) of this article under a different designation, as agreed upon in the Collective Labour Agreement.
Workers under this designation require the additional competencies of reliability and discretion in analyzing their demonstrated ability to be appointed and remain in office.
These two additional requirements enjoy a strong subjective burden, as long as they are left to the consideration of the employer. Article 49 contains the following definitions:
2) Trustworthiness is a condition that must be possessed by the trusted worker, who by the position he holds has a higher level of responsibility and a closer relationship with the authority that appoints him, or to whom important functions and responsibilities for the organization are assigned, or property of the entity is placed under his care.
3) Discretion consists in the non-disclosure by the designated person of certain facts, acts or circumstances, which due to the nature of his work became aware of them, which obliges him not to comment on them with other people.
Article 50.1 deals with the formalization of the employment relationship, as the probationary period of workers in positions of trust (TC) is carried out through a temporary appointment, as provided for in the Code and agreed upon in the Collective Labor Agreement.
It is stated in 50.2, that: «Before the end of the probationary period, the authorized authority shall submit to the Committee of Experts for consideration whether or not it is appropriate to formalize on a definitive basis the employment relationship of the worker in position of trust, which is executed by a reasoned resolution or written signed by the body, designating authority or employer, as appropriate.»
In the following paragraph, it is clarified that the TC may lose the competence for the position, which is checked by the authority empowered to determine the demonstrated capacity, complying with the procedure provided for in the Code.
It should be noted that these workers are subject to all the provisions of the Code on labour rights and disciplinary matters, as is the rest of the staff.
*Legal Adviser at the Central de Trabajadores de Cuba
