Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations from the International Organisation of Employers (IOE) and the National Council of Private Enterprise (CONEP), which were received on 2 September 2014, urging the use of the dialogue round tables relating to the Panama Tripartite Agreement, comprising the Committee on the Tripartite Agreement (for amendments to the labour legislation) and the Committee for the Rapid Handling of Complaints concerning Freedom of Association and Collective Bargaining (for a comprehensive reform of labour standards). The Committee requests the Government to transmit its comments on this matter.

Article 7(3) and (4) of the Convention. Temporary exceptions. Annual limit on the number of additional hours and overtime pay. In its previous comments, the Committee indicated that it was necessary to amend section 36(4) of the Labour Code, which only fixes daily and weekly limits to the number of overtime hours, whereas the Convention stipulates that an annual limit must also be established with regard to temporary exceptions. The Committee notes the Government’s indication that, owing to the lack of consensus among the social partners, it has not been possible to amend the aforementioned provision. The Committee also notes the Government’s proposal to hold a tripartite meeting in order to raise this issue with the social partners. While welcoming the Government’s proposal to hold a tripartite meeting on this matter, the Committee trusts that the necessary measures will be taken to amend section 36(4) of the Labour Code accordingly. The Committee requests the Government to continue to provide information on any developments in this respect.

In addition, the Committee recalls that it also referred to: (i) the need to establish daily and annual limits regarding overtime applicable in the public sector, in accordance with Article 7(3) of the Convention; the Committee notes that the 2005 Handbook for Human Resources Procedures stipulates that the maximum compensation time that can be accumulated is 40 hours per month, while not exceeding 25 per cent of regular daily working hours; and (ii) that, except in the event of an accident or force majeure, extra hours must be paid at a higher rate, namely at least 25 per cent more by comparison with the normal rate of pay, irrespective of whether compensatory rest is granted, as provided for in Article 7(4) of the Convention. The Committee notes that, under section 122 of Executive Decree No. 222 of 12 September 1997, payment of overtime will only be recognized when it has been authorized in advance by the superior concerned. The Committee notes that: (i) the Government indicates that the Committee on the Tripartite Agreement (Tripartite Working Subcommittee on Administrative Careers) is organizing themes for discussion with regard to administrative careers, and topics related to the Convention can be discussed in that context, depending on the consensus of the parties; (ii) the new authorities of the Directorate for Administrative Careers and the representative of the National Federation of Associations and Organizations of Public Servants (FENASEP) will hold a dialogue to determine how to proceed, and it has been suggested that a bill be drawn up for subsequent discussion in the abovementioned Committee. While trusting that the Committee on the Tripartite Agreement will take due account of its previous comments on these matters, the Committee requests the Government to continue to provide information on any developments in this respect.