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Labour Inspection Convention, 1947 (No. 81) - Panama (RATIFICATION: 1958)

Other comments on C081

Observation

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The Committee notes the observations of the National Council of Organized Workers (CONATO) received on 31 August 2023.

With regard to its previous comment, the Committee notes the content of the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 September 2020, and the Government’s reply thereto.

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government in its report that: (i) the tasks undertaken by the labour inspectors in no way interfere with the discharge of their primary duties; (ii) the Labour Inspection Directorate has intensified its preventive inspections in order to identify and provide guidance to foreign employers and workers in regularizing their work status and in ensuring respect for labour rights; and (iii) inspectors of the Department for Migrant Labour Inspection receive ongoing training on care for foreign workers and the implementation of measures to ensure conditions of decent work and respect for the rights of migrant workers. The Committee also takes note of the information contained in the reports of the Labour Inspection Directorate for 2021–22 on the number of inspections in the area of migrant labour and the number of work permits issued to foreigners covered. However, the Committee takes note that no specific information has been provided regarding statistics on the number of cases in which the rights of migrant workers have been recognized. TheCommittee again requests the Government to renew its efforts to collect and provide data on the application of labour rights to migrant workers and to communicate this information when it is available.

Articles 3(1)(a) and (b) and 13. Labour inspection in specific sectors and areas and in the field of safety and health. 1. Construction sector. With reference to its previous comments, the Committee notes that the Government reports that measures have been adopted to strengthen the capacity of the Labour Inspection in the area of construction, including: (i) updating capacities and capabilities regarding labour standards applying to work at heights, the use of cranes, boatswain’s chairs and scaffolding; (ii) the alignment of labour inspection standards in the construction industry and the broadening of their authority, through Act No. 237 of 15 September 2021, including the possibility of imposing a stay of execution on where compliance with payment of the contributions to the occupational safety and health fund has not been respected; and (iii) the finalization of Administrative Decision No. DM-056-2022 of 10 March 2022, approving the procedure for a temporary stay of execution of work for failure to comply with Act No. 67 of 30 October 2015 on payments to the Safety Fund. The Committee also notes the statistical tables presenting information on the suspensions of work imposed by the Labour Inspection in construction work. Nevertheless, the Committee observes that the Government’s reports on the Safety and Health in Construction Convention, 1988 (No. 167), show that there has been a significant increase in the number of accidents in this sector as of 2021 (17 in 2018; 12 in 2019; 11 in 2020; 104 in 2021; 69 in 2022 and 36 from January to March in 2023). Accordingly, the Committee requests the Government to provide detailed information on the measures taken in the area of labour inspection in order to guarantee respect for safety and health conditions in the construction sector, as well as to reduce the number of accidents amongst workers. The Committee also refers to its comments under the Safety and Health in Construction Convention, 1988 (No. 167).

2. Work in mining and other sectors with a high incidence of occupational risk. The Committee notes the information provided by the Government that the construction of the Cobre Panama mining project infrastructure was completed in 2019, resulting in a reduction in the number of workers involved. The Government also reports that in 2021 labour inspectors received training on inspection and monitoring in opencast mining processes, as well as an exchange of experience in mining programme with Chile, conducted through the Inter-American Network for Labour Administration of the Organization of American States, which culminated in the elaboration of manuals on the inspection process in the field of opencast mining. The Government also provided statistical information on the number of inspections and monetary penalties recorded in the Panama mining project. In that connection, the Committee notes that only ten inspections in the mining sector were performed between January and March 2023, whereas in 2022 a total of 322 inspections were conducted. It also indicates that despite having imposed 13 fines in 2021 and 14 in 2022, only 3 and 4 respectively were collected, for amounts varying between 250 Panamanian balboas (US$250) and 3,500 Panamanian balboas (US$3,500) each. Moreover, no information has been provided regarding the number of occupational accidents and diseases occurring in the installations. The Committee requests the Government to continue to provide statistical information on the labour inspection service with regard to the safety and health of mining workers, including in areas where work on the Cobre Panama mining project is being carried out, listing the number of occupational accidents and diseases as well. The Committee also requests the Government to continue providing information on the measures adopted to strengthen safety and health in sectors with a high incidence of occupational hazards.

3. Panama Canal Zone. The Committee notes the information provided by the Government that the Panama Canal Authority is an autonomous entity with legal personality, subject to a special labour regime based on a merit system, under which labour disputes between Panama Canal workers and their administration are resolved internally, through bargaining between the workers or trade unions and the Panama Canal Authority administration, in compliance with due diligence mechanisms set out in the Basic Act of 11 June 1997. The Government thus reports that the National Labour Inspection complies with this constitutional mandate. However, the Government indicates that the National Labour Inspection Directorate has the existing port areas on both banks of the Panama Canal under its jurisdiction and undertakes daily monitoring for compliance with labour standards and occupational safety and health. It also reports that the National Inspection Directorate analyses the Panama Canal Authority’s potential contractors for compliance with occupational safety and health standards. The Committee notes that the third chapter of the Basic Act of 11 June 1997 provides for the post of Overseer-General within the Panama Canal Authority. The Committee requests the Government to indicate if any type of labour inspection is conducted within the Panama Canal Authority, to point to the organ responsible for such inspection and its relation to the central authority of the labour inspection.

Articles 6, 7 and 15(a). Recruitment and training of labour inspectors and independence and impartiality of inspectors. With regard to its previous comments, the Committee notes from the Government’s report that: (i) the hours of work of labour inspectors concord with the standard working hours for all civil servants in the institution (Monday to Friday, from 8 a.m. to 4 p.m.); (ii) inspectors receive training according to the needs of the Inspection Directorate, and can take diploma courses, postgraduate courses and other courses of varying length, which may be one to three months to obtain a diploma, one year for postgraduate studies and one week for other courses; (iii) there are currently 98 labour inspectors, of which 70 are permanent employees and 28 are temporary employees; and (iv) wages vary between 800 Panamanian balboas (US$800) and 1,000 Panamanian balboas (US$1,000). The Government also indicates that labour inspectors are not appointed through competition, but are subject to the institution’s Internal Regulations, and that there is an occupational profile with which inspectors must comply, establishing minimum knowledge requirements, based on the successful completion of three modules delivered by the National Institute of Vocational Training and Capacity Building for Human Development (INADEH). It further reports that the procedure for dismissal is regulated by the institution’s Internal Regulations. Finally, the Committee notes the registry of training provided by the National Inspection Directorate during the 2020–23 period. In light of the information provided, and noting that the Government, in its previous report, indicated that as of 2018 all permanent appointments of new public servants, including labour inspectors, would be made by public competition, the Committee again urges the Government to provide information on the measures adopted to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as established by Article 6 of the Convention. While recognizing the information on average wages for labour inspectors, the Committee again requests the Government to give detailed information on the wage scales of labour inspectors, particularly in relation to other comparable categories of public servants, as well as statistics on the rotation of inspectors. Finally, the Committee reiterates its request to the Government to provide information on the measures implemented to guarantee that inspectors have no direct or indirect interest in the undertakings under their supervision, in conformity with Article 15(a).

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen and necessary transport costs. The Committee takes note of the information provided by the Government, according to which, in all urban areas, there is transport that enables labour inspectors to discharge their duties. Moreover, the Government reports that, when necessary, use is made of air transport to ensure the presence of inspectors in areas such as the banana-growing region of Bocas de Toro, the Panama Mining site and the cultivated regions of Tierras Altas in Chiriquí province, and that, in cases where the use of river or maritime transport is necessary, coordinated action is undertaken with institutions that possess such means, in order to allow inspectors to arrive in remote areas and to reach islands. The Committee notes the information provided, which responds to the previous request for information.

Articles 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. Regarding its previous comments, the Committee notes that the Government reports that the obligation to declare industrial accidents is described in the rules of the Social Security Fund. It also reports that notification of industrial accidents and occupational diseases is investigated ex officio by the Labour Inspection Directorate and that the data supplied by employers and by trade unions, and indeed that submitted by the staff of the Labour Inspectorate, are duly recorded and investigated. The Committee requests the Government to provide information on the measures adopted to ensure that the labour inspectorate is notified by the Social Security Fund of industrial accidents and that the numbers of industrial accidents and occupational diseases are included in the annual inspection reports.

Articles 17 and 18. Legal proceedings. Effectively enforced penalties. The Committee notes that the CONATO alleges in its observations that one weakness of the labour inspection system is that it fails in its efforts to implement penalties for violations. In addition, the union indicates that legal proceedings initiated by the labour inspectorate often end without results, or when there is a result, it has no real effect on the life of the worker or respect for the worker’s conditions of employment. The Committee requests the Government to provide its comments in this connection.

Articles 20 and 21. Annual inspection report. The Committee notes the information provided by the Government according to which the Unified Labour Inspection System is currently being upgraded, so as to include safety officers from the construction industry. In that connection, the Government reports that a new platform has been implemented and refined, the results of which are yet to be validated. The Committee also notes the report of the Labour Inspection Directorate for 2022. However, it observes that this report does not include statistics on the establishments liable for inspection, the number of workers employed in those establishments, the violations committed nor the cases of occupational diseases. The Committee also notes the statistics figuring in the Government’s report on the numbers of inspections, penalties, visits, accidents and operations. The Committee requests the Government to continue communicating information on all progress made regarding the implementation of the Unified Labour Inspection System and the new platform. It also requests the Government to make every effort to ensure that the annual inspection reports are published and transmitted to the ILO, in conformity with the requirements of Article 20 of the Convention.