Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 31 August 2018 and of the International Transport Workers’ Federation (ITF), received on 4 September and 21 November 2018, which refer to matters addressed by the Committee in the present observation and cases before the Committee on Freedom of Association. The Committee additionally notes that the observations of the CONUSI also refer to denunciations of violations of the Convention in practice, particularly in relation to the implementation of a policy which would hinder, delay and restrict the submission of lists of claims. While noting the Government’s general answers to the observations of CONUSI, the Committee requests it to provide its detailed comments to the mentioned allegations.

Tripartite committees. In its previous comments, the Committee noted the progress made by the committees which form part of the Panama tripartite agreement of 2012, and which benefit from the technical assistance of the ILO: the Implementation Committee (which is seeking to bring the national legislation into conformity with the provisions of the Convention) and the Committee for the Rapid Handling of Complaints relating to Freedom of Association and Collective Bargaining (the Complaints Committee). The Committee notes with interest that: (i) according to the Government’s indication, since 2016 and up to now, the Complaints Committee has reached a series of agreements resolving issues covered by cases before the Committee on Freedom of Association, in which agreement was reached to close various cases; (ii) the Implementation Committee contributed decisively to the development of draft legislation on freedom of association in the public sector, on which tripartite agreement was reached. The Committee also welcomes the initiatives and actions agreed to in the Roadmap approved in June 2018, which include the provision of training for bipartite dialogue bodies in all public institutions and the establishment of a national socio-labour tripartite consultative body, with the possibility that the current two tripartite committees may be transformed into standing subcommittees of that body. The Committee emphasizes the important role that the two committees can play in achieving the full application of the Convention, not only through contributing to the resolution of specific disputes, but also by helping to develop tripartite agreements on substantive issues relating to freedom of association and collective bargaining. The Committee encourages the Government, with the continued technical support of the Office, to continue strengthening the tripartite committees and invites the various state authorities to take duly into account their decisions. The Committee requests the Government to continue providing information on this subject.

Article 1 of the Convention. Adequate protection against anti-union discrimination. In its previous comments, the Committee noted that, although in Agreement No. 4 of 23 March 2015, the Complaints Committee recommended the reinstatement of all trade union leaders in the public sector who had been dismissed in violation of freedom of association, some leaders had not been reinstated into their former positions. The Committee notes the Government’s indication that, although the Complaints Committee has requested information from the various institutions concerning the reinstatement of the trade union leaders, certain institutions have not responded to the request for information. In this regard, the Committee notes that, in its observations, the CONUSI indicates that the University of Panama and the Columbus Regional Centre have not replied to the notes sent by the Complaints Committee, thereby ignoring the call for the reinstatement of six trade union leaders who were dismissed by reason of their trade union activities. The Committee notes that, according to the information provided by the Government, in the Roadmap approved in June 2018, the Complaints Committee decided to give priority to the dismissals which had not yet been resolved in the Social Security Fund and the Ministry of Education. The Committee requests the Government to take the necessary measures to ensure that all the trade union leaders referred to in Agreement No. 4 of the Complaints Committee are reinstated in their jobs as soon as possible and that the reinstatement is in accordance with the terms of the Agreement. The Committee requests the Government to provide information on this subject.

Articles 4 and 6. Right to collective bargaining. Pending legislative issues. In its previous comments, the Committee trusted that the Implementation Committee would continue to make its best efforts to seek compromise solutions allowing for the harmonization of the national legislation with the Convention, and addressing as soon as possible the following pending legislative issues:

• -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.

With reference to the provisions referred to above in respect of the public sector, the Committee notes that, according to the information provided by the Government, the Bill on collective labour relations in the public sector is being examined in first reading by the National Assembly and that it is the outcome of tripartite agreement in the Implementation Committee. The Committee notes that both the Government and the CONUSI emphasize that the Bill constitutes historical progress in relation to the right to freedom of association since, up to now, there had been no explicit positive recognition in law of the rights to freedom of association and collective bargaining for workers in the public sector. The Committee notes that, in accordance with section 1, the Bill has the objective of ensuring recognition and full compliance with the rights of organization, strike and collective bargaining, and an appropriate and effective system of dispute resolution. The Committee notes with interest that, according to the Government’s indications, and the text appended by the Government, the Bill guarantees the rights of trade unions of public servants to conclude collective agreements, and the exercise of the right to strike. The Committee also notes that, in its observations, the CONUSI indicates that, although the Bill has not yet been adopted, the Trade Union of Workers of the University of Panama and the Administration of the University of Panama have agreed to negotiate a first collective agreement, which would be the first agreement signed in the public sector. The Committee notes with interest the progress achieved by the Implementation Committee in the development through agreement of the Bill, which constitutes a very important step in bringing the legislation applicable to the public sector into conformity with the Convention. Taking due note that the Bill on collective labour relations in the public sector is under examination by the National Assembly, the Committee firmly hopes that it will be adopted in the near future. The Committee requests the Government to provide information on this subject.

With reference to the pending legislative issues relating to the private sector, the Committee notes the Government’s indication that the Roadmap prepared in June 2018 by the moderator of the committees of the tripartite agreement agreed, firstly, that the legislation respecting the public sector, and secondly, the labour legislation governing the private sector would be brought into harmony with the criteria of the supervisory bodies in relation to freedom of association and collective bargaining. The Committee hopes that the Implementation Committee will deal in the very near future with the other pending legislative issues, including those relating to the Labour Code, so as to bring it into full conformity with the Convention. It also requests the Government to provide information on this subject.

Other matters. Collective bargaining in the maritime sector. In its previous comments, the Committee noted that a Legislative Decree, which had in practice given rise to the refusal of workers’ claims by employers in the maritime sector, had been declared unconstitutional, and it requested the Government to provide information on the number of collective agreements concluded in that sector. In this regard, the Government indicates that, although in September 2017, the administration of the Panama Canal Authority completed the renewal of the collective agreements with six negotiating units which cover the labour force of the Panama Canal, it is still awaiting more detailed information concerning the maritime sector. The Committee also notes the information provided by the Government in its report that between June 2014 and June 2018 a total of 319 collective agreements were concluded at the national level, covering 141,945 workers. The Committee requests the Government to provide full statistical data on the number of collective agreements concluded in the country, with an indication of the sectors of activity and number of workers covered, as well as the number of collective agreements concluded in the maritime sector.