Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. National policy. The Committee notes with interest that Executive Decree No. 53 of 25 June 2002, issuing regulations for Act No. 4 of 1999, which establishes equality of opportunity, contains a series of measures to achieve equality in employment for men and women. It notes that the abovementioned Act constitutes the basis for a national policy on equality and that the Decree determines the mechanisms for implementing the Act and is supplemented by the Equal Opportunities Plan "PIOM II", adopted in May 2002. It notes that under section 38 of the Decree, the following are to be treated as discrimination against women in employment: requirement of pregnancy testing, photographs, age limits, marital status, the use of racist, sectarian or sexist criteria as a basis for wage differentials, psychological harassment and sexual harassment. The provisions of Chapter V (Labour) establish among other things that bodies responsible for coordinating labour systems or groups protected by special laws must conduct studies to identify situations or conditions in which there are inequalities; systematize and publish statistics disaggregated by sex, race, ethnic group, age, class or other variables that will be incorporated in national statistics; that the Directorate General of Employment together with the Private Enterprise Council for Educational Assistance, the National Institute for Vocational Training (INAFORP) and other institutions are to promote employment for women in new occupations and that the Government, together with organizations of private companies and the most representative trade unions are to conduct a diagnosis every two years which will serve as a basis for promoting employment for women so that they account for at least 50 per cent of the workforce. Furthermore, in INAFORP, women are to account for 20 per cent in traditional and non-traditional technical areas. Section 52 of Chapter V stipulates that for the purpose of applying the Convention, the Ministry of Labour shall promote mechanisms whereby enterprises will gradually incorporate women until they account for at least 50 per cent of staff, and will keep detailed records on women working in the primary, secondary and tertiary sectors. The Committee also notes with interest that under PIOM II, numerous activities have been developed to promote equality for men and women in employment and that the Ministry of Labour is working together with the Panamanian Institute of Labour Studies on a comprehensive approach to promoting equality for men and women in employment. The Committee requests the Government to continue to provide information on the practical application of the national policy on equality and on the impact of the policy.

2. Sexual harassment. The Committee refers to section 38 of Decree No. 53, mentioned above, and requests information on the effect it is having in practice. The Government refers to other provisions governing sexual harassment (sections 127(12) and 138(15) of the Labour Code and section 82 of Act No. 19 of 11 June 1997 to organize the Panama Canal Authority). With regard to section 128(28) of the Labour Code which requires employers to introduce fair, reliable and practical procedures for investigating sexual harassment complaints and applying the corresponding penalties, the Committee again requests the Government to provide copies of any company regulations or collective agreements that contain such procedures.

3. The Committee notes that sexual harassment by an employer is punishable by fine and that the worker may treat the employment relationship as terminated and is entitled to payment of an indemnity. The Committee suggests that the Government take steps to seek other solutions, which do not involve termination of the employment relationship, because if loss of employment, albeit with an indemnity, is the only available option, rather than remedying the situation this may discourage victims of sexual harassment at work from taking any action. The Committee would be grateful if the Government would continue to provide information on any developments in this matter.

4. Persons with disabilities. The Committee notes with interest that Executive Decree No. 88 of 12 November 2002 regulates Act No. 42 of 27 August 1999, establishing equality of opportunity for persons with disabilities, and that the Ministry of Labour is providing training in this area for labour inspectors, employers and human resources officials in various enterprises.