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

Equal Remuneration Convention, 1951 (No. 100) - Panama (Ratification: 1958)

1. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.