Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report and recalls that its previous comments referred to:

- the need to grant the right to bargain collectively to public servants not engaged in the administration of the State;

- restrictions on collective bargaining which extend current collective agreements for a further two years (section 1), and exempt for three years from the obligation to conclude collective agreements new enterprises or enterprises which have not already concluded such agreements (section 2 of Act No. 13 of 11 October 1990);

- denial of the possibility of collective bargaining for a period of four years in multisectoral zones (Act No. 16 of November 1990, section 34).

The Committee notes with satisfaction that Act No. 2 of 13 January 1993, under which "collective bargaining is recommenced and other measures adopted" repealed section 2 of Act No. 13 of 11 October 1990 and re-established the free exercise of collective bargaining, and that from the date of its coming into force 47 collective agreements have been concluded. The Committee notes moreover that Act No. 25 of 30 November 1992 repealed Act No. 16 of 1990, and that section 55 of Act No. 25 provides that the standards set out in the provisions of the Labour Code apply to relations between employers and workers in industries and enterprises established in export processing zones. The Committee requests the Government to supply information in its next report on the collective agreements which have been concluded in these zones.

With regard to the need to grant the right to bargain collectively to public servants not engaged in the administration of the State, the Committee regrets to note that the Government's report contains no information in this respect.

The Committee once again urges the Government to take steps to ensure that this category of workers enjoys the right to bargain collectively in law and practice, in accordance with Articles 4 and 6 of the Convention.