Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 281, Mars 1992

1. 147. The National Union of Panamanian Bank Employees (SINABAN) presented a complaint of infringement of freedom of association in a letter dated 18 April 1991. The Government furnished its observations in a letter dated 6 January 1992.
2. 148. Panama has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 149. The National Union of Panamanian Bank Employees (SINABAN) alleges in its communication of 17 April 1991 that, on 12 September 1972, a group of over 100 bank workers applied to the Ministry of Labour and Social Welfare for recognition of the legal status of the above-mentioned union. Since then and to this day, despite having approached all the Presidents of the Republic of Panama, no reply whatsoever has been received to this application. (The following documents were enclosed with the complaint: a record of the election of the provisional executive committee (in the presence of a representative of the Ministry of Labour) on 25 August 1972; a copy of the constitution of the organisation, dated 5 September 1972; a letter to the President of the Republic, Mr. Lakas, dated 7 February 1973, applying for legal status; a letter to the President of the Republic, General Omar Torrijos, dated 22 November 1977, applying for legal status; a document from the Ministry of Labour (dated 14 September 1984) certifying that the National Union of Panamanian Bank Employees had applied to it for legal status on 12 September 1972; letter dated 16 February 1990 to the President of the Republic, Mr. Endara, explaining the steps taken since 1972 with a view to securing legal status for the union and requesting that this be granted.)
2. 150. The complainant organisation states that when Mr. Guillermo Endara Galimani came to power as President of the Republic, it applied to him on 16 February 1990 for the granting of legal status to SINABAN but that so far no reply had been received.
3. 151. The complainant organisation adds that in December 1990 the Banking Association of Panama (an employers' organisation in the Panamanian banking sector) began a campaign of persecution of the executive of SINABAN. On 6 December 1990 the following persons were dismissed: an employee of the Banco Cafetero, Mr. Pablo San Martín (deputy general secretary of the organisation), Mr. Pablo Morán (secretary of the organisation) and Mrs. Raquel Rodríguez (trade union representative), both of whom were employed by the Chase Manhattan Bank. The complainant organisation, through the Confederation of Workers of the Panamanian Republic (to which SINABAN is affiliated), consequently requested the Social Organisations Department of the Ministry of Labour and Social Welfare, in letters dated 4 and 21 February 1991, to certify the union membership and positions held by the dismissed leaders. So far, however, the head of the Department in question refuses to deliver the attestations requested, maintaining that he has orders not to do so.

B. The Government's reply

1. 152. As regards the refusal to grant legal status to the National Union of Panamanian Bank Employees, the Government, in its letter of 6 January 1992, states that the Department of Social Organisations of the Ministry of Labour and Social Welfare has documents referring only to an application for the registration of a union called the "Union of Bank Employees", submitted on 12 September 1972.
2. 153. The Government states that in accordance with sections 351 et seq. of the Labour Code, the Ministry of Labour has a period of 30 working days from the submission of an application for the registration of a trade union organisation in which to accept or reject it. It explains that if the Ministry has not taken a decision the applicants may write to the President of the Republic and that if within two months of this communication the application has not been turned down and no objections have been raised, the union is considered to have been registered. The Government states that there is no record in the Department in question of the Ministry having given a ruling, nor of the applicants having availed themselves in time of their rights under the Labour Code. Consequently, it considers that SINABAN's application has lapsed by default.
3. 154. The Government states that it respects trade union rights and the right to organise established in the laws in force and in international Conventions and that it is aware of the right of any group of workers to be recognised as a legal entity. Consequently, it states that if the group of bank workers who wish to become a representative trade union organisation of workers in the banking sector presents the Ministry of Labour with the documentation required by Panamanian law, the relevant procedure will be set in motion immediately.
4. 155. As regards the dismissed trade union leaders, the Government states that just cause had been alleged for the dismissal of Mr. Pablo Morán and Mrs. Raquel Rodríguez, who had applied to the sectional labour courts for reinstatement, considering that they enjoyed trade union immunity ("fuero sindical"). The Ministry certified that the application of the incipient union had lapsed by default, whereupon the persons concerned initiated proceedings before the Second Labour Court with the aim of determining that the union did exist and that the Ministry of Labour was refusing to recognise it. The Government adds that the labour courts turned down the applications for reinstatement, considering that the evidence produced failed to demonstrate that the workers enjoyed trade union immunity. This ruling was upheld by the Higher Labour Court. In view of these decisions, the dismissed leaders applied to the Conciliation and Decision Boards but subsequently waived their claims because they had reached an agreement whereby they received a higher sum than would have been paid to them under the law. As regards the dismissal of trade union leader Mr. Pablo San Martín, the Government states that the relevant bodies have no record of his having initiated any proceedings in a labour court.

C. The Committee's conclusions

1. 156. The Committee observes that the allegations presented by the complainant organisation refer to the following questions:
   • (a) the refusal to grant the National Union of Panamanian Bank Employees (SINABAN) the legal status it has been claiming since 1972; and
   • (b) the dismissal of trade union leaders Pablo San Martín (deputy general secretary of the organisation), an employee of the Banco Cafetero, and Raquel Rodríguez (trade union representative) and Pablo Morán (secretary of the organisation), both of whom were employed by the Chase Manhattan Bank.
2. 157. As regards the refusal to grant SINABAN the legal status it has been claiming for a number of years (1972-91), the Committee observes that the present Government states that if the organisation presents the Ministry of Labour with the documentation required by Panamanian law, the relevant procedure will be set in motion; and that according to sections 351 et seq. of the Labour Code, the Ministry of Labour has a period of 30 working days from the submission of an application for registration in which to accept or reject it. In these circumstances, the Committee notes the Government's positive statements and suggests that the complainant organisation should once again comply with the procedure laid down in the Labour Code (apply for registration to the Ministry of Labour, enclosing authentic copies of its constitution, its approved rules and the minutes of the session or sessions at which this approval was given, etc.), and inform it of the decision taken by this body within the statutory period of 30 days from the new submission of the documentation. Whatever the case, the Committee regrets the fact that since 1972, and despite having approached all the successive governments, this organisation has been unable to secure legal status. This being so, and in view of the length of time that has elapsed, the Committee requests the present Government to take the necessary measures to ensure that as soon as the new application is received from SINABAN, the Ministry of Labour will see its way clear to granting legal status within the 30 days specified in section 352 of the Labour Code. Lastly, the Committee recalls that Article 2 of Convention No. 87 provides that workers, without distinction whatsoever, have the right to establish and join organisations of their own choosing without previous authorisation. The Committee therefore requests the Government, on a more general basis, to take legislative or other measures, after consulting the tripartite body that it has established, so that trade union organisations may be registered rapidly following the completion of the relevant formalities.
3. 158. As regards the alleged dismissal of trade union leaders, the Committee notes the Government's statement that two of them came to an agreement with the enterprise and that the third has initiated no proceedings before a labour court. Nevertheless, since the Government has not indicated the specific cause underlying the dismissals, and since the union has spent 19 years trying to set itself up, the Committee cannot exclude the possibility that the dismissals were connected with the setting up of the union; consequently, the Committee emphasises the principle that no one should be dismissed or suffer prejudice because of their trade union activities. The Committee requests the Government to take measures so that trade unionists who have been dismissed for activities related to the establishment of a union, be reinstated in their functions if they so wish.