Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes from the Government's report the adoption of Act No. 9 establishing and issuing regulations governing administrative careers, of 20 June 1994, and the new Act No. 44 issuing regulations to regularize and modernize industrial relations, published on 12 August 1995.

In relation to its previous comment, relating to the need to grant the right to bargain collectively to public servants not engaged in the administration of the State, the Committee notes with interest that the new Act No. 9, in section 135(13), grants public servants the right to engage in collective bargaining concerning disputes and those aspects of the conditions of service of public servants with respect to which collective bargaining is not explicitly prohibited by law.

In this context, the Committee notes that, according to the Government's report, the new Government has established a National Commission in the public sector with a view to preparing regulations under the Act respecting administrative careers to ensure that it responds to the interests of public servants and is in conformity with the provisions of the Convention.

Furthermore, the Committee takes due note that, according to the Government's statement, new Act No. 44 strengthens collective agreements since, in accordance with section 53, their scope is extended and, in accordance with section 54, the parties are accorded freedom to establish the period covered by collective agreements and to amend them by common agreement while they are in force.

The Committee requests the Government to keep it informed of the progress made in practice in ensuring that in law and practice the category of public servants who are not engaged in the administration of the State are granted the right to bargain collectively, in accordance with Articles 4 and 6 of the Convention, and to supply any agreement concluded in this respect.