Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report only covers the period 30 October 1988 to 30 October 1989 and that it contains no indications enabling the Committee to modify its previous comments.

The Committee recalls that since 1973 its comments have addressed the following points:

- the exclusion of public servants from the scope of the Labour Code and consequently from the right to organise and bargain collectively (section 2(2) of the Labour Code);

- the requirement of too high a number of members to establish an occupational organisation (50 workers or ten employers, section 344);

- the requirement that 75 per cent of union members shall be Panamanian (section 347);

- the automatic removal from office of a trade union officer in the event of his dismissal (section 359);

- the wide powers of supervision of the authorities over the records and accounts of trade unions (section 376(4)).

In view of the gravity of these points and the large number of years for which it has been insisting upon the need to amend the legislation, the Committee urges the Government to take measures in the near future to bring the law and practice into conformity with the Convention.

Furthermore, the Committee notes that the Legislative Assembly has adopted Act No. 13 of 11 October 1990, which sets out restrictions on the right to strike. The above Act provides for collective disputes to be submitted to compulsory arbitration in all enterprises that provide public services and in other enterprises when the continuation of the strike could result in serious economic problems for the enterprise. The Committee emphasises that, according to its principles, the right to strike can only be subject to serious restrictions, such as for example submission to compulsory arbitration in: (1) essential services in the strict sense of the term (those whose interruption would endanger the life, personal safety or health of the whole or part of the population); (2) the case of public servants acting in their capacity as agents of the public authority; and (3) in the event of an acute national crisis. The Committee therefore requests the Government to take measures to amend the above-mentioned provisions in order to take full account of these principles.

Finally, the Committee notes that Act No. 25 of 14 December 1990, with retroactive effect as of 4 December 1990 "authorises the Executive and directors of independent and semi-independent institutions, state and municipal enterprises and other public state bodies to declare void the appointments of: persons in the public services who have participated or are participating in the organisation, calling or execution of activities that threaten democracy and the constitutional order, whether or not they hold office in trade unions and associations of public servants; their trade union or sectoral delegates and representatives, the officers of the associations of public servants, irrespective of the existence of trade union immunity; and irrespective of whether they are governed by special laws". The Committee observes that appeals may be made only to administrative and not to judicial bodies against the above declarations that appointments are void. The Committee considers that Act No. 25 greatly prejudices the exercise of the right of associations of public employees to organise their activities, including through strikes, that it is intended to legitimise the dismissal of a large number of such employees, and it requests the Government to take measures to repeal it.

[The Government is asked supply full particulars to the Conference at its 78th Session and to report in detail for the period ending 30 June 1991.]