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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Panama (Ratification: 1966)

The Committee notes the Government’s detailed reply to the observations made by the International Trade Union Confederation (ITUC) in 2012. The Committee also notes the observations of the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO) received on 14 March 2014 and on 31 August 2015, as well as the Government’s detailed comments thereon. The Committee notes that the Government highlights that, from 2013 to June 2015, a total of 182 collective agreements have been concluded covering 107,363 workers.

Follow-up to ILO technical assistance. In its previous comments, the Committee noted with interest that, through the good offices of the ILO technical assistance mission, on 1 February 2012, representatives of the Government, CONATO, CONUSI and the National Council of Private Enterprise signed an agreement for the establishment of two committees: the Implementation Committee (with the objective of seeking forms of consensus to bring the national legislation into harmony with the Convention and with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)); and the Committee for the Rapid Handling of Complaints relating to Freedom of Association and Collective Bargaining (the Complaints Committee). The Committee notes the Government’s indication in its report that, on 11 June 2013, in the context of the 102nd Session of the International Labour Conference, the record of the Tripartite Meeting of the Delegation of Panama was signed, in which the social partners undertook to reactivate the meetings of the committees established under the tripartite agreement, which had been suspended since November 2012. The Committee notes the various agreements reached by the Complaints Committee and notes with interest that, through Agreement No. 4, concluded on 23 March 2015, the Complaints Committee recommended the reinstatement of all the trade union leaders in the public sector who had been dismissed, including those in the education sector, considering that in certain cases their dismissals were in violation of trade union immunity and of freedom of association in general. The Committee notes that while many of the public servants covered by Agreement No. 4 of the Complaints Committee were reinstated into their former jobs, there are still many others who have not been reinstated. The Committee requests the Government to provide information on the reinstatement of the other trade union leaders referred to in Agreement No. 4 of the Complaints Committee.

Articles 4 and 6 of the Convention. Right to collective bargaining. Pending legislative issues. The Committee recalls that its previous comments referred to:

• -the need to amend section 514 of the Labour Code so that the payment of wages for strike days attributable to the employer is not automatically imposed by law, but is a matter for collective bargaining between the parties concerned;
• -the need to amend section 427 of the Labour Code, which requires that the number of representatives of the parties in negotiation shall be between two and five;
• -the need to regulate mechanisms for the settlement of legal disputes; and the possibility for employers to submit lists of demands and initiate a conciliation procedure; and
• -the need to guarantee the right to collective bargaining for public employees and public servants who are not engaged in the administration of the State.

In this regard, the Government indicates that, as agreed in the record of the Tripartite Meeting of the Delegation of Panama in June 2013, the Implementation Committee undertook to deal first with issues relating to the conformity of labour legislation respecting the public service. The Committee notes that: (i) in October and November 2015, the Implementation Committee held nine working meetings, in which various agreements were reached on matters relating to the collective rights of public sector workers (the right to organize, the right to collective bargaining, the right to strike and the settlement of disputes); (ii) the Government indicates that the objective of these meetings is to reach consensus on various issues with a view to subsequently preparing draft legislation on the collective rights of public servants; and (iii) if consensus is achieved among all parties on the draft legislation, it will then be submitted to the executive authorities with a view to its referral to the legislative authorities for adoption. The Committee trusts that the Implementation Committee will continue to make its best efforts to seek compromise solutions allowing for the harmonization of the national legislation with the Convention. The Committee hopes that the Implementation Committee will address as soon as possible the pending legislative issues, including those relating to the Labour Code, so as to bring it into full conformity with the Convention. The Committee requests the Government to provide information on the draft legislation that is being prepared on the collective rights of public servants, and on the other measures adopted to ensure that the legislation is in full conformity with the Convention.

Other matters. Restrictions on collective bargaining in the maritime sector. The Committee notes the Government’s clarification in its report that section 75 of Legislative Decree No. 8, of 26 February 1998, which had given rise in practice to the refusal of workers’ claims by employers, was found unconstitutional by the plenary of the Supreme Court of Justice in its ruling of 2 October 2006. According to the Government, as a result of this finding, in the event that any union or workers in the maritime sector notify the labour authorities of the existence of a collective dispute, or any sets of claims are submitted relating to violations of the provisions of the Labour Code or the conclusion of a collective labour agreement or its registration, if the collective agreement is negotiated directly, all the provisions of the third book of the Labour Code on the workers’ right to organize and collective bargaining will apply in full. The Committee requests the Government to provide information on the number of collective agreements concluded in the maritime sector.