Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2 of the Convention. Minimum wage. In its previous comments, the Committee asked the Government to indicate the criteria used to ensure that, in setting minimum wage rates, full effect is given to the principal of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that in fixing minimum wages, account is taken of the provisions of article 67 of the Political Constitution and section 10 of the Labour Code, and that for hourly work, Executive Decree No. 182 of 2013 sets new minimum hourly wage rates on the basis of economic activity, size of enterprise, geographical region and occupation. The Committee refers the Government to its observation on the application of this Convention in connection with article 67 of the Political Constitution and section 10 of the Labour Code. The Committee recalls that wage rates must be determined on the basis of objective criteria, free from all gender bias, to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. The Committee requests the Government to send information on the criteria used to ensure that in determining minimum wage rates, full effect is given to the principle of equal remuneration for men and women for “work of equal value”.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information from the Government on the training on gender equality provided by the Ministry of Labour and Labour Development in the Union of Banana Industry Workers with a view to the conclusion of a more equitable collective agreement. The Committee requests the Government to continue to send specific information on any collective agreements that address the question of equal remuneration for men and women and to indicate the measures taken, including by the Gender and Equal Opportunities Office, to promote collective bargaining as a means of eliminating inequalities in remuneration and to report on the impact of such measures on any collective agreements concluded. It also asks the Government to take steps to ensure awareness raising and training in workers’ and employers’ organizations about the application of the principle of equal remuneration for men and women for work of equal value.

Other measures taken by the Government to secure equal remuneration. The Committee takes note of the adoption of the Public Policy on Equal Opportunities for Women (PPIOM) through Executive Decree No. 244 of 2012, and of its strategic objectives. The Committee also notes the measures taken for the use of a gender equality seal to certify enterprises that actively promote equality between men and women workers. The Committee requests the Government to send specific information on the manner in which the implementation of the PPIOM and the use of the gender equality seal contribute effectively to the application in practice of the principle of equal remuneration for men and women for work of equal value and to the progressive reduction of the wage gap and occupational segregation.

Part V of the report form. Application in practice. Labour inspection. The Committee notes the information supplied by the Government to the effect that the Inspection Directorate has no specific programme of training on the provisions of the Convention but that, in coordination with the training section of the Human Resources Institutional Office and other offices of the Ministry of Labour and Labour Development, training on gender equality is provided. The Committee draws attention to the fundamental role played by the labour inspectorate in supervising the application of the principle of equal remuneration for men and women for work of equal value. It emphasizes in this context the need to provide inspectors with adequate training on the specific issues of wage discrimination based on gender, the role they need to play in addressing them, and the advisability of working in conjunction with other bodies specializing in these matters. The Committee requests the Government to take the necessary measures to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them effectively to perform their duty to monitor the application of the Convention at the national level. It requests the Government to provide information in this regard.