Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report. The Committee recalls that in its last observation it pointed out that an overlong conciliation procedure (35 working days) as provided by Decree No. 3 of January 1997, applicable to export processing zones, could impede the application of Article 4 of the Convention. The Committee once again requests the Government to take the necessary measures to reduce the length of conciliation procedures and to keep it informed of all measures adopted in this respect.

In addition, the Committee notes the 310th and 318th Reports of the Committee on Freedom of Association (June 1998 and November 1999) which examined Case No. 1931, presented by two employers' organizations. The Committee of Experts shares the opinion of the Committee on Freedom of Association and stresses the need to amend: (i) section 452(2), which permits the imposition of arbitration at the request of one of the parties to the collective dispute; (ii) section 427(3) of the Labour Code which restricts the composition of the representatives of the parties (delegates and advisers) to the collective bargaining process, so that the parties themselves may determine this issue; (iii) section 510(2) of the Labour Code so that the withdrawal by one of the parties from the conciliation procedure does not give rise to disproportionate penalties; and (iv) section 510(2) so that failure to reply to a statement of claims does not entail disproportionate penalties.

The Committee requests the Government to take measures to amend these provisions and to keep it informed in this respect.