A Look at the Legal Regulation of Self-Employment in Cuba

The objective of this article is to analyze the regulatory framework of self-employed workers, from a legal, commercial and labor perspective, in order to expose the shortcomings, inconsistencies and incongruities that it presents and to promote the improvement of the Cuban legal order. In Cuba, this regulation has gone through various stages since the 1970s: moments of stability, regression and others of greater empowerment, showing a movement that we could describe as pendular. At present, it is possible to affirm that the juridical regulation shows certain flexibility; however, it is still insufficient. It is necessary that, in accordance with the constitutional mandate established in Article 22, these actors can interact in similar conditions with the rest of the forms of property regulated in the Constitution. On the other hand, given the heterogeneity that their behavior shows in the practical order, it is necessary to provide them with a juridical status in the Cuban order. This will radiate to all the branches of law, particularly to labor law. Meanwhile, in the internal relations that are established, the subjects of the labor law, worker and employer, are visualized, and therefore the characteristics of the juridical relation of employment are presented: subordination, alienation and remuneration.