Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - Panama (Ratification: 1958)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information contained in the Government’s report for the period ending 30 June 2005, the replies to its comments and the annual labour inspection reports for the period 2001–04, as well as the tables of statistics on inspection activities in the region of Panama for 2005.

1. Article 6 of the Convention. Status of labour inspectors. The Committee notes that the system of administrative careers (established by Act No. 9 of 20 June 1994) has been relaunched and the titularization of all labour inspectors is envisaged. However, noting the information on the web site of the Office of the President of the Republic (www.presidencia.gob.pa) reporting a draft amendment to the above Act, the Committee would be grateful if the Government would provide precise information on developments in the situation of labour inspectors in this respect, indicating the number of active inspectors, the number of titularized inspectors disaggregated by grade and assignment, and give an indication as to the duration of the titularization process.

2. Articles 3, 10 and 16. Numbers of labour inspectors and inspections. With reference to its previous comments, the Committee notes with interest a strengthening of the staff of the labour inspectorate following a long period of decline up to 2004, during which there had also been a significant fall in the number of inspections. Reminding the Government of the criteria set out in Article 10 of the Convention for the determination of the number of labour inspectors, the Committee hopes that efforts to achieve an appropriate increase in inspection staff will be continued at a sufficient pace to ensure that, in accordance with Article 16, the workplaces covered by the Convention are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal texts relating to conditions of work and the protection of workers. The Committee would be grateful if the Government would keep the Office informed of any development in this respect and provide information on trends in the geographical and sectoral distribution of workplaces liable to inspection.

3. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee notes the brief information contained in the inspection reports concerning industrial accidents and cases of occupational disease, which only covers the central region of the country, and the indication that inspectors are only informed of accidents belatedly, as the insurance fund is the principal recipient of the relevant information. According to the Government, the inter-institutional occupational health, hygiene and safety technical committee is due to propose measures in the near future intended to give full effect to this provision of the Convention. The Government is requested to keep the Office informed of developments in the situation in this respect and to indicate the measures adopted or envisaged in law and practice to ensure that in future inspectors are notified in due time of industrial accidents and cases of occupational injury occurring in establishments liable to supervision so that they can adjust their preventive activities accordingly and provide the central authority with relevant statistics and information.

4. Labour inspection and child labour. While noting with interest the inspection activities carried out in the various sectors between 2001 and 2004, the Committee notes in particular that the Child Labour Department of the Ministry of Labour has participated in the work of the commission responsible for the issue of girls and boys engaged in packing work in supermarkets and has envisaged seeking the financial support of IPEC. A review of the country project for the progressive eradication of the worst forms of child labour is reported to have been undertaken with a view to obtaining external financing for the strengthening of institutions and the implementation of relevant activities. The Committee would be grateful if the Government would provide information on the outcome of the action to seek the necessary funding for the implementation of the country project and on developments relating to inspection activities in the industrial and commercial establishments covered by the Convention.

5. Articles 20 and 21. Annual inspection report. The Committee notes with interest the implementation of the SIAL/ILO-Panama (Information System and Labour Analysis) project designed to strengthen, harmonize and systematize labour statistics. It hopes that the Government will ensure that, in the near future, the central labour inspection authority is able to benefit from the progress achieved so as to publish and communicate to the ILO, on a regular basis, in accordance with Article 20, an annual report on the activities of the services under its control. The Committee recalls in this respect the guidance provided by Part IV of Labour Inspection Recommendation, 1947 (No. 81), on the appropriate level of detail of the information required by points (a) to (g) of Article 21 so that the annual report can be an instrument for the evaluation and improvement of the labour inspection system.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.