Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes that the Government's report only covers the period from 30 October 1988 to 30 October 1989 and does not contain any information which enables it to modify its previous comments.

In the comments that it has been making since 1967, the Committee has requested the Government to grant the right to bargain collectively to public servants not engaged in the administration of the State, since under Article 6 of the Convention it is only the narrow category of public servants engaged in the administration of the State who may be excluded from the guarantees provided for by the Convention. Since it has not noted any positive developments in relation to this question, the Committee urges the Government to take measures in the near future to bring the law and practice into conformity with the Convention.

Furthermore, the Committee notes that the Legislative Assembly has adopted Act No. 13 of 11 October 1990, which provides for restrictions on collective bargaining. More precisely, the Act provides for the extension for two years of current collective agreements and for enterprises which are being established or which have not concluded collective agreements to be excluded from the obligation to conclude collective agreements for three years. In view of the fact that these provisions do not promote collective bargaining in the sense set out in Article 4 of the Convention, the Committee requests the Government to take measures to repeal or amend the above restrictions, since the only limitation that is admissible to the principle of free collective bargaining concerns wage negotiations, in the context of a policy of stabilisation, when the Government considers that it would not be possible for wage rates to be fixed freely by means of collective negotiations; nevertheless, such a restriction should be imposed as an exceptional measure and only to the extent necessary, without exceeding a reasonable period, and it should be accompanied by adequate safeguards to protect workers' living standards.

[The Government is asked to report in detail for the period ending 30 June 1991.]