What are MSMEs empowered to do?
To export and import in accordance with its corporate purpose and in compliance with the provisions of the current legislation; to manage and administer its assets; to define the products and services to be commercialized in accordance with its corporate purpose, as well as its suppliers, customers, destinations and insertion in the markets; to operate bank accounts; to determine the prices of its goods and services in accordance with the provisions of the Ministry of Finance and Prices, except for those that are subject to centralized approval; Determine its structure and personnel, as well as the number of workers, in accordance with the maximum established; determine the income of its workers, in accordance with the minimum wage established by the labor legislation in force; make the investments necessary for its development and create establishments not having legal personality, inside or outside the province where its registered office is located.
What are the obligations of MSMEs?
To register all its operations in its current bank account; to commercialize its goods and services in local currency, except for the cases provided by the legislation in force; to comply with the provisions established by the competent authority for the rational use of energy and the use of renewable sources; to implement its internal control system according to its characteristics, which is essentially based on the documents that accredit its incorporation and compliance with the legislation in force in the performance of its economic activity; to provide statistical information and to keep updated the circumstances registrable in the Mercantile Registry as a guarantee of legal certainty.
What are the rules governing the relationship between workers and owners in MSMEs?
Conclude the employment contract in writing, with a copy for the employee, which must contain, among other things General information about the parties, type and duration of the contract, position, duties and functions, place of work, working hours and work and rest schedule, reasons for termination of the employment relationship, salary and frequency of payment, health and safety conditions at work, date and signature of the parties formalizing the contract; to pay wages to the employees in compliance with the minimum wages established by law; to withhold the amount of paid annual leave and to pay it during the period of its use; to pay the monetary benefits of the General Social Security System; to certify annually the wages paid and the time of service of the contractors for social security purposes; to present the Contracted Persons to the Labor Medical Evaluation Committee in the appropriate cases; to withhold from the amount paid to each Contracted Person the amounts for special social security contributions, personal income and other taxes, in the form and under the conditions established by current legislation; to ensure compliance with safe and healthy working conditions for the Contracted Persons and the protection of their labor and social security rights; and to promote a work environment that is intolerant of manifestations of discrimination, violence and harassment against any worker, particularly against women.
Where is an MSME licensed?
The Municipal Councils authorize the creation of private MSMEs and their business purpose, in compliance with the conditions and requirements established in this Decree-Law, in the regulations in force and provided that they are in line with the municipal development strategies, solve other needs of the municipality or respond to the economic and social priorities of the country.
What violations can prevent an MSME from being approved?
The name of the MSME may not be identical or similar to that of another pre-existing subject; nor may it be approved if it infringes intellectual property rights; if it is in a foreign language, except when the activity to which it is dedicated justifies it, or if it is registered as an industrial property right; if it is contrary to law, good customs or misleading as to the activity, origin or others; uses only the name of a color or generic terms that do not distinguish it; uses terms that refer to activities whose exercise is not allowed or that do not coincide with the main activity to be developed; and uses names and surnames of heroes or heroines known in our history, as well as references to places or historical dates, unless authorized..
What are the regulations regarding state-owned MSMEs and political organizations?
The state entities or any other organizational structure without legal personality that, at the time of the entry into force of this Regulation, meet the established indicator, may apply for the transformation into state MSMEs in accordance with the provisions and, consequently, the powers, incentives and policies established shall apply to them. The approval of state MSMEs as well as the corresponding organizational movements are authorized by the Ministry of Economy and Planning.
In the case of MSMEs of political, mass and social organizations, their approval, as well as the rest of the corresponding organizational movements, is authorized by the organization itself.
Can there be a one-person MSME?
The MSME may be formed by a single partner, who may be a natural person or a legal entity, the latter in the case of state MSMEs and political, mass and social organizations, thus taking the form of a sole proprietorship with limited liability.
Who can be a partner in an MSME?
Cuban natural persons with effective domicile in the national territory and foreigners with permanent domicile in Cuba, in both cases over 18 years of age. Exceptionally, minors may be members, provided that they have acquired this condition through transmission mortis causa. The exercise of this right by minors shall be in accordance with the provisions of the legislation in force.
It is incompatible with the condition of partner of an MSME, in the case of a natural person, to be a partner of another one, to be a cadre or official of the State or the Government, or to occupy elective positions with professional character in a State body; to have been sanctioned for crimes incompatible with the activity that is applied for, or for those related to acts of corruption, during the compliance of sanctions imposed by the competent court, and other limitations established by the legislation in force..
Can an MSME partner be self-employed?
Partners of MSMEs may, in turn, engage in self-employment in activities other than those included in the corporate purpose of the MSME of which they are partners; the exercise of self-employment is governed by the legislation in force for that actor.
What is the social responsibility of MSMEs?
They are additional actions to the fulfillment of the company’s purpose and obligations as defined by the current legal system and relate to, among others, the following topics: attention to workers and their families, training and education, employment of women, young people, people with disabilities, moral and material incentives for workers and retirees: Environmental protection, use of renewable energy, waste treatment, reduction of emissions and discharges, adaptation and mitigation of climate change, preservation of biodiversity, recycling and circular economy; protection of consumers’ rights; participation in social development programs, particularly in the community, including assistance to individuals and families in vulnerable situations and donations or other forms of support to the community in disaster situations.
