Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Panama (Ratification: 1959)

Annual limits to additional hours worked in case of temporary exemptions. The Committee notes with interest the detailed report provided by the Government for the period ending on 30 June 2002. It notes that the Government insists on its view that the Constitution and the actual provisions of the Labour Code do not permit harmonizing the Labour Code with Article 7, paragraph 3, of the Convention by setting an annual limit on the number of additional hours of work provided for under section 36(4) of the Labour Code. The Government again refers to objections alleged to have been raised in the study commissioned by the Ministry of Labour on a bill, which was drawn up following direct contacts with the ILO in 1977. The Committee reiterates that it does not find substantial objections in the study. It further notes the Government’s indication that an amendment to bring the Labour Code in line with this provision of the Convention would not find the necessary majority in Parliament nor the consent of the social partners, in particular of the workers’ organizations concerned.

From the indications supplied by the Government, the Committee cannot conclude any legal reasons that could prevent the competent national bodies from bringing the Labour Code into conformity with the Convention. The legal limits of additional hours of work, as provided for under sections 35(2) and last paragraph, and section 36(3) of the Labour Code, apparently are those set in section 36(4) of the Code. The Committee requests the Government to reconsider, if it desires with ILO assistance, the modification of the Labour Code in the light of Article 7, paragraphs 2 and 3, of the Convention by setting annual limits to additional hours worked in case of temporary exemptions, except in case of accident, force majeure or urgent work.

The Committee also urges the Government to include in any considerations concerning the revision of section 36(4) of the Labour Code that in its actual version this section does not respect the limits to be set on the number of overtime hours, according to Articles 4, 5, paragraph 1(a), (b) and (c), and 6 of the Convention.