Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information supplied by the Government in its report and the discussions that took place during the Conference Committee in June 1992.

The Committee notes with interest that some progress has been achieved in the legislation with regard to the powers of the authorities over the administrative aspects of trade union organizations and the right to strike:

1. With regard to the authorities' wide powers of supervision over the records and accounts of trade unions (section 376(4) of the Labour Code), the Committee notes Decision No. D.M. 23/92 of 21 May 1992 in which the number of documents required is reduced and the effects of section 376(4) of the Code are limited. The Committee hopes that in the near future this provision of the Labour Code will also be amended.

2. With reference to the restrictions on the right to strike (Act No. 13 of 1990), the Committee notes that Act No. 2 under which collective bargaining is reinstated and other labour provisions adopted, was approved by the Legislative Assembly on 13 January 1993 and repeals section 452(4) of the Labour Code respecting compulsory arbitration in enterprises when the continuation of the strike could result in serious economic problems for the enterprise.

The Committee wishes nevertheless to remind the Government of the comments which it has been making for several years with regard to the following points:

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

- the requirement, under section 344 of the Code, of too high a number of members to establish an occupational organization;

- the requirement that 75 per cent of trade union members are Panamanian (section 347); and

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

With regard to the exclusion of public servants from the scope of the Labour Code and consequently from the right to organize, the Committee notes the information supplied by the Government that it has formally submitted a Bill respecting administrative careers to the Legislative Assembly for examination and approval. In this connection, the Committee notes that Bill No. 1, establishing and regulating administrative careers, does not contain any provisions on the right to organize of public servants. It only refers to the right to join associations to promote and give some dignity to public servants (section 128(8)) of the Bill, but not to the right to organize of public servants to defend their occupational interests. The Committee requests the Government to take the necessary measures in this respect.

With regard to the requirement of too high a number of members to establish an occupational organization (section 344 of the Labour Code) and the requirement for 75 per cent of the union members to be of Panamanian nationality (section 347 of the Code), as well as the automatic removal from office of an enterprise-level trade union officer in the event of his dismissal (section 359 of the Code), the Committee notes that, according to the indications provided by the Government, possible reforms of these provisions would be dealt with in a tripartite manner within the framework of a concerted social process.

The Committee also notes that the final paragraph of section 64 of the Political Constitution, and section 369 of the Labour Code, require that the executive board of a trade union organization be composed exclusively of persons of Panamian nationality.

In this context, the Committee is of the opinion that the legislation should be made more flexible in order to permit organizations to choose their leaders without hindrance and also to permit foreign workers to hold trade union office, at least after a reasonable period of residence in the host country (see paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee again expresses the strong hope that the necessary measures will be taken to harmonize the legislation more fully with the Convention and reminds the Government that the ILO is available for technical cooperation in this respect.