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

1. The Committee notes with interest the adoption of Executive Decree No. 53 of 25 June 2002 issuing regulations under Act No. 29 of January 1999 to establish equality of opportunity for women, and particularly section 43 relating to the development of mechanisms and procedures for the appraisal of tasks to ensure the application of the principle of equal remuneration for men and women workers for work of equal value and the obligation to make use of the criteria agreed to in labour centres. The Committee notes with interest the information provided by the Government concerning the system for the appraisal of jobs in the various institutions in the public sector. It also notes the Government’s indication as to the preparation of further manuals for the classification and evaluation of jobs for the various decentralized institutions which are covered by the administrative careers system. The Committee welcomes this Decree and the adoption of objective job appraisal systems and asks the Government to provide information on the mechanisms, procedures and criteria adopted to promote equal pay for work of equal value pursuant to this Decree. The Committee also notes that the recently launched Plan for Equality of Opportunities for Women in Panama (PIOM II) 2002-06 envisages "promoting action to guarantee the international principle set out in Convention No. 100 of the International Labour Organization of equal remuneration for work of equal value".

2. The Committee recalls its previous comments noting that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In view of the new Executive Decree and the Plan for Equality, the Committee hopes that the Government will make every effort to amend section 10 of the Labour Code, thereby bringing its Labour Code into compliance with the broader principle of equal remuneration for men and women workers for work of equal value.

The Committee is also addressing a request directly to the Government on other matters.