Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Creation of the Gender and Labour Office. The Committee notes that Decision No. DM131-2010 of 27 April 2010 created the Gender and Labour Office under the Ministry of Labour and Social Development. The Office’s objectives and functions include, in particular, participation with the National Institute for Women (INAMU) in the formulation, application and evaluation of national public policies to promote the full and equal participation of women, the analysis of labour policies and wages from a gender perspective and raising the awareness of the population concerning discrimination facing women, and the inclusion of indicators to identify inequality. The Committee also notes the information and training activities carried out. The Committee asks the Government to continue providing information on the activities and measures taken by the Gender and Labour Office and on their impact in practice.

Economic incentives to achieve parity. In its previous comments, the Committee asked the Government to supply information on the application of section 52 of Decree No. 53 of 2002 to promote economic incentives for the achievement of a labour force consisting of 50 per cent women, as well as on the application of sections 42, 45, 48, 50 and 56 of the Decree. In this regard, the Committee notes that the Government has provided extensive information on the entry into functions of the Gender and Labour Office and the measures envisaged or adopted in relation to the implementation of these provisions. It also notes the training measures adopted by the National Vocational Training Institute for Human Development (INADEH), to which it refers below. The Committee asks the Government to provide specific information on the measures adopted and their impact on the elimination of unequal remuneration between men and women, and on the application of section 52 of Decree No. 53 of 2002.

Collective agreements. The Committee notes that one of the functions of the recently established Gender and Labour Office consists of promoting collective bargaining as a means of eliminating inequalities in the remuneration of women. It also has to coordinate with the Panamanian Institute of Labour Studies (IPEL) for the inclusion of the gender perspective in the plans and programmes of unions in the country, promoting the inclusion of women in the administrative boards of unions. However, the Government adds that collective agreements do not address equal remuneration and only refer to wage increases. The Committee asks the Government to provide information on the specific measures adopted by the Gender and Labour Office for the promotion of collective bargaining as an instrument for the elimination of inequalities in remuneration and their impact on the collective agreements that are concluded.

Minimum wage. In its previous comments, the Committee asked the Government to provide information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes the adoption of Executive Decree No. 263 of 21 December 2009 determining new minimum wage rates. The Government indicates that the Decree has to be implemented within the framework of article 67 of the Political Constitution, under the terms of which equal wages shall always correspond to “equal work under identical conditions”. The Government suggests the inclusion of the reference to article 67 of the Constitution in the next decree on minimum wages. In this respect, the Committee recalls that the principle provided for in the Constitution is more restrictive than that set out in the Convention. The Committee recalls that the concept of work of equal value includes but goes beyond that of equal work and also encompasses work that is of an entirely different nature but which is nevertheless of equal value. On that occasion, the Committee emphasized the importance of comparing different work on the basis of factors that are not inherently discriminatory with a view to ensuring that work principally carried out by women is not undervalued. The Committee also observes that wage rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention.

Labour inspection. The Committee notes the Government’s indication that there is no specific training programme for labour inspectors on the principle of the Convention, but that this will be taken into account and proposed to the Human Resources Institutional Office of the Ministry of Labour and Social Development. The Committee emphasizes the importance of ensuring that inspectors are provided with appropriate training with a view to ensuring the effective implementation of the principle of equal remuneration for men and women for work of equal value and asks the Government to provide information on the measures adopted in this respect, as well as the awareness-raising measures taken for workers, employers and their organizations, on the principle of the Convention.