Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Panama (Ratification: 1971)

The Committee notes the observations made by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), which were transmitted to the Government in September 2013, concerning the impact of various government programmes and the reduction in workers’ purchasing power. The Committee invites the Government to provide any comments it may wish to make with regard to the observations from CONUSI and CONATO.

The Committee also notes that the Government’s report has not been received. The Committee hopes that a report will be sent so that it can be examined at its next meeting and that it will contain detailed information on the points raised in its direct request of 2009, which read as follows:

Parts I and II of the Convention. Improvement of standards of living. The Government provided information in May 2009 on the results of the operational plans of the Ministry of Social Development, whose poverty reduction strategy was based on the “Network of Opportunities” programme. The programme included the transfer of money to women breadwinners, for use in basic services and allocated to various actions in favour of households (educational assistance for boys and girls, training seminars and medical examinations). The programme also provided for administrative, health, education and development services, family support and territorial infrastructure, catering for 50,833 households in extreme poverty, half of which are indigenous households. The Committee requests the Government to supply information in its next report on the impact of the new poverty reduction programmes. It also requests the Government to provide an up-to-date evaluation of the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Committee notes the adoption of Legislative Decree No. 3 of 22 February 2008 establishing the National Migration Service, which is responsible for the administration, supervision, monitoring and application of the migration policies issued by the Executive. The Committee requests the Government to continue to supply information on the manner in which the National Migration Service contributes towards giving effect to the Convention.

Part IV. Remuneration of workers. Advances on wages. In reply to the Committee’s previous comments, the Government refers to the ruling of 17 April 2001 issued by the Higher Labour Court with regard to the provisions of section 161(3) and (13) of the Labour Code, establishing restrictive criteria for interpreting the provisions which permit deductions from workers’ wages, pursuant to wage protection regulations. The Committee requests the Government to supply up-to-date information in its next report on the manner in which court or administrative decisions have applied the provisions of section 161(3) and (13) of the Labour Code in accordance with Article 12 of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]