Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the provisions of the Labour Code on foreign workers and seasonal labour. The Committee requests the Government to provide information on the engagement and recruitment of migrant labour, both national and foreign, and to indicate the number of labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25. The Committee notes Executive Decree No. 227 of 2 July 2003 establishing the minimum wage in the agricultural sector at PAB 0.82 per hour for small enterprises and at PAB 0.87 per hour for large enterprises. In connection with the direct request of 2003 on Convention No. 26, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to specify the number of plantation workers covered by statutory minimum wage rates and of those covered by minimum wage rates determined by collective agreements, and to provide information on the incidence of the minimum wage on workers’ purchasing power in terms of a basic basket of goods. Please also provide reports of labour inspections carried out in the plantation sector to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the direct request addressed to the Government in 2001 on the application of Articles 1 and 4, paragraph 2, of Convention No. 95 and trusts that the Government will take the measures necessary without delay to bring its legislation into full conformity with the provisions of the Convention.

Parts IX and X (Right to organise and collective bargaining; freedom of association), Articles 54 to 70. See the observations made under Conventions Nos. 98 and 87 in 2001 and 2002 respectively.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes the information provided by the Government in reply to its last comment, indicating that the labour inspectorate currently has 45 inspectors covering 631 agricultural enterprises and more than 150,000 workers. The Committee requests the Government to indicate the measures adopted or envisaged to increase the number of inspectors and to improve the effectiveness of the labour inspection services in the plantation sector. With reference to the direct request, addressed to the Government in 2003, on Convention No. 81 the Committee requests the Government to keep it informed of any developments in the labour inspection projects under way, including the campaign to combat child labour on plantations.

Part XII (Housing), Articles 85 to 88. The Committee notes that section 128(12) of the Labour Code establishes that where the provision of housing is mandatory, employers must provide workers with clean housing, and that the housing shall meet the standards and specifications laid down by the authorities responsible for labour. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee notes that, according to the Government, the national legislation requires all workers, including plantation workers, to be insured by the Social Security Fund. The Committee requests the Government to provide statistical information on the number of plantation workers and members of their families insured by the Social Security Fund, the scope of the coverage by this insurance, and the medical infrastructure and type of care provided in plantation areas. The Committee requests the Government to provide information on any other measures adopted to encourage the provision of adequate medical services for plantation workers, particularly in the light of the information indicating that workers on banana plantations have serious health problems due to exposure to pesticides and other chemicals.

Part IV of the report form. The Committee requests the Government to provide additional information showing the importance of the plantation sector in the national economy, for example, in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations in Panama and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector in view of the information indicating a serious crisis in the banana industry and the alarming poverty of its workers; (iv) collective agreements applying in the sector and the approximate number of workers covered, and any other information allowing the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.