Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Panama (Ratification: 1966)

Other comments on C098

Observation

Direct Request

1992

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Observations from the International Trade Union Confederation (ITUC). The Committee notes the Government’s reply to the ITUC’s observations of 2010 and particularly the Government’s statement that the cases involving allegations of anti-union dismissals were examined by the administrative and judicial authorities, that the reinstatement of dismissed union leaders and members was ordered in some cases, and that in other cases the complaints concerning dismissal were rejected. The Committee further notes the observations from the ITUC, dated 4 August 2011 and 31 July 2012, concerning issues already examined by the Committee and also allegations of anti-union dismissals and harassment of trade union officers in the education sector.

Technical assistance. The Committee notes that further to the discussion that took place within the Conference Committee on the Application of Standards in June 2011 on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government accepted the visit of an ILO technical assistance mission. The Committee notes that the mission took place from 29 January to 2 February 2012 and, in particular, it observes with interest that, through the good offices of the mission, the representatives of the Government and of the National Council of Organized Workers (CONATO), the National Confederation of United Independent Unions (CONUSI) and the National Private Enterprise Council (CONEP) signed an agreement to: (i) launch dialogue on the Committee’s comments on the application of Conventions Nos 87 and 98; (ii) carry out training and awareness-raising activities on freedom of association, collective bargaining and social dialogue, in the context of which the comments of the ILO supervisory bodies will be examined in depth; and (iii) establish, with ILO assistance, a tripartite committee for the rapid handling of complaints which will examine, as a matter of urgency and with the aim of finding solutions and reaching agreements, any reports of violations of freedom of association and collective bargaining. The Committee further notes the Government’s statement that under the abovementioned tripartite agreement the Committee on the Implementation of the Tripartite Agreement, whose objective is to seek forms of consensus based on compromise to enable national law to be aligned with the provisions of Conventions Nos 87 and 98, and the Committee for the Rapid Handling of Complaints relating to Freedom of Association and Collective Bargaining, have become operational. The Committee welcomes the initiatives in the field of social dialogue and trusts that the allegations made by the ITUC concerning anti-union dismissals and harassment of trade union officers in the education sector will be dealt with in the context of the Committee for the Rapid Handling of Complaints. Finally, the Committee refers to the observation concerning the application of Convention No. 87 for further information on other measures taken as follow-up to the tripartite agreement mentioned above.

Articles 4 and 6 of the Convention. Right to collective bargaining. Pending legislative issues. The Committee’s previous comments referred to:

-the need to amend section 514 of the Labour Code so that the payment of wages for strike days attributable to the employer is not automatically imposed by law but is a matter for collective bargaining between the parties concerned;
-the need to amend section 427 of the Labour Code, which requires that the number of representatives of the parties in negotiations shall range from two to five;
-the need to amend section 12 of Act No. 8 of 1981, which provided that no enterprises (other than construction companies) were bound to conclude a collective labour agreement in the first two years of operation, which could, in practice, imply denial of the right to collective bargaining. The Committee notes with satisfaction the adoption of Act No. 32 of 5 April 2011, which establishes a comprehensive and specific special regime for the establishment and operation of export processing zones and repeals section 12 of Act No. 8 of 1981;
-the need to regulate mechanisms for the settlement of legal disputes and the possibility for employers to submit lists of demands and initiate a conciliation procedure; and
-the need to guarantee the right to collective bargaining for public employees or officials who are not engaged in the administration of the State.

The Committee trusts that, in the context of the process of tripartite dialogue that has been launched, the national legislation will be brought into full conformity with the Convention. The Committee requests the Government to provide information in its next report on any further developments in this respect.

Other matters. Restrictions on collective bargaining in the maritime sector. In its previous comments the Committee noted restrictions on collective bargaining in the maritime sector under section 75 of Legislative Decree No. 8 of 26 February 1998, establishing the conclusion of collective agreements as an option, which in practice leads to the denial of workers’ claims by employers and about which an application had been filed for this legislation to be found unconstitutional. The Committee also noted the Government’s statement that the Ministry of Labour (MITRADEL), the Ministry of Trade and Industry (MICI) and the Maritime Authority of Panama (AMP) are preparing the first draft of a resolution providing for measures to respect the collective rights of seafarers with a view to ensuring observance of the right to organize and to engage in collective bargaining and further noted that the AMP and MITRADEL had held meetings to seek a consensus on the steps to be taken in this regard. The Committee notes the Government’s indication in its report that: (i) by means of Ministerial Decision No. DM.126.2010 of 19 April 2010, MITRADEL took steps to ensure the application of the provisions of the third volume of the Labour Code, concerning workers’ rights to organize and to bargain collectively under the terms of Legislative Decree No. 8 of 1998; and (ii) section 3 of the aforementioned Ministerial Decision designates the Directorate-General for Labour to implement the plan established in section 1 (setting up of a mechanism for handling complaints, inspections in response to complaints, establishment of a freephone number for complaints or requests for advice or guidance) and to prepare the additional regulations and procedures needed for its implementation. The Committee requests the Government to supply information in its next report on any progress made regarding collective bargaining in the maritime sector.