Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1 and 2 of the Convention. Wage gap and occupational segregation. In its previous comments the Committee requested the Government to provide information on specific measures for the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, with a view to broadening employment opportunities for women and enhancing their prospects for advancement and promotion in their respective occupations. The Committee also requested the Government to provide information on any other measure taken to reduce the wage gap and attenuate its impact in practice. In this regard, the Government indicates in its report that: (1) since 2014, the National Women’s Institute (INAMU) has conducted studies to identify the progress made by women and the opportunities, constraints and challenges that they face in Panama; (2) the INAMU Network of Government Mechanisms, composed of the Gender Office of the National Vocational Training Institute, the National Vocational Training and Skills Institute for Human Development (INADEH) and the National Vocational Training and Skills Directorate (DFPC) at INADEH, is coordinating the development of educational programmes and curricula with an intercultural focus on gender; (3) INADEH delivers training courses in a number of disciplines in which the majority of participants are women. In 2014, 57.29 per cent of graduates were women; in 2015, 63.07 per cent and in 2016, 67.6 per cent were women; (4) in training courses traditionally taken by men, women remain a minority. In 2016, for example, in courses on construction, 80 per cent of graduates were men and 20 per cent were women; in metal engineering, 95 per cent were men and 5 per cent were women; in heavy equipment, 95 per cent were men and 5 per cent were women; and (5) through the Prevention of Violence against Women project, INAMU offered training courses and allocated seed capital to women for entrepreneurial projects, alternatives for economic integration and for the creation of innovative enterprises, the purchase of assets and working capital. With regard to the reduction of the existing wage gap in practice, the Government indicates that the Plan of Action for Equal Opportunities for Women (2016–2019), which resulted from broad participatory consultation among actors representing different sectors of the women’s movement and representatives of public and private entities, was approved. The Government refers to its Strategic Plan (2015–19), which prioritizes areas in which investment and public actions have the greatest impact on social and human development, creating access to quality services such as education, health, housing and employment for women. The Committee notes the publication by the National Institute of Statistics and Census of the Labour Market Survey of August 2018, which indicates that the median monthly wage of women in relation to men is higher in certain sectors traditionally considered “male”, including: manufacturing industry (2.44 per cent); electricity, gas, steam and air conditioning supply (10.52 per cent); and construction (16.69 per cent). On the other hand, the median wage of women is lower in relation to men in activities traditionally considered “female”, such as: social and health-related services (39.59 per cent); administrative activities and support services (8.93 per cent); and hotels and restaurants (11.46 per cent). The Committee notes the progress achieved with regard to women’s access to jobs traditionally reserved for men. Nevertheless, noting the persistence of the wage gap between men and women, the Committee requests the Government to provide information on the impact of the measures taken on the evolution of the existing wage gap by economic activity, occupation and year, in both the public and the private sector. The Committee also requests the Government to continue to provide information on concrete measures relating to the training and vocational training of women in all occupational sectors, including those traditionally occupied by men, to broaden employment opportunities for women and enhance their prospects for advancement and promotion in their respective professions.

Other measures taken by the Government to secure equal remuneration. In its previous comments, the Committee requested the Government to send specific information on the manner in which the implementation of the Public Policy on Equal Opportunities for Women (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. In this regard, the Government indicates that: (1) the Plan of Action for Equal Opportunities for Women (2016–19) was developed; and (2) through the Network of Government Mechanisms for the promotion of equal opportunities, ten lines of strategic action are being implemented (human rights and legal equity for women, health, tackling violence against women, education, culture and communication, diversity, economy, work and family, science, technology and innovation, civic and political participation, environment, housing and territory, institutions and gender-sensitive budgets) to promote equality for women in the areas of employment, occupation and remuneration, with the participation of 42 institutions with a national presence. The Committee requests the Government to send detailed information on the manner in which the implementation of the Plan of Action for Equal Opportunities for Women 2016–19 has contributed effectively to the progressive reduction of the wage gap and of occupational segregation between men and women.

Article 2. Minimum wage. In its previous comments, the Committee asked 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”. In this respect, the Government indicates that the minimum wage is fixed by executive decree, with the amount determined by economic activity and the region in which the employment is located, irrespective of gender or the enterprise in which the work is performed. Furthermore, a national minimum wage was established for certain economic activities that do not meet the above-mentioned criteria, such as agriculture, mining or administrative office activities. The Government also mentioned that work on improving the criteria used to ensure that minimum wage rates are fixed in full application of the principle of equal pay for men and women for “work of equal value” is being carried out jointly under a cooperation agreement with the ILO Regional Office. In this regard, the Committee recalls that special attention is needed in order to ensure that the wage rates that are fixed are free from gender bias and in particular that certain skills considered to be “female” are not undervalued, particularly in sectors where women are predominant (see the 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to provide information on the way in which it ensures that minimum wage fixing mechanisms are not affected by gender bias; and on the result of the assistance provided by the Office.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. In its previous comments, the Committee requested 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 asked the Government to take steps to raise awareness and ensure training in workers’ and employers’ organizations on the application of the principle of equal remuneration for men and women for work of equal value. In this respect, the Government reports that collective agreements contain special clauses relating, for example, to equality between men and women, maternity protection or the protection of women in cases of violence at home and at work. Nevertheless, of the 173 agreements concluded between 2015 and August 2017, none referred to equal remuneration for men and women. With regard to the awareness-raising and training activities of workers’ and employers’ organizations as part of the application of the principle of the Convention, the Government indicates that: (i) the Ministry of Labour and Labour Development (Ministry of Labour) and its Gender and Equal Opportunities Office is working to achieve gender mainstreaming by systematically incorporating technical criteria to ensure gender equality in all actions, activities, programmes and projects, and by holding seminars to facilitate the participation of working women in trade unions; (ii) in 2017, at the request of the Women’s Secretariat of the Banana Industry Trade Union (SITRAIBANA), the Gender and Equal Opportunities Office provided training with a view to empowering women and increasing their occupation of senior trade union positions; (iii) the Ministry of Labour, through the Teaching Department of the Panamanian Institute of Labour Studies (IPEL), carried out different activities part of the content of which touched on the theme of equal remuneration; and (iv) during the period from 2014 to June 2017, 34 training sessions were held for members of trade unions and employers’ organizations and for Ministry of Labour officials. The Committee requests the Government to send detailed information on any collective agreement concluded that addresses the principle of equal remuneration for men and women for work of equal value. Furthermore, recalling that the examination of collective agreements from the point of view of equal remuneration for men and women for work of equal value can be a useful first step in addressing the gender wage gap through collective negotiation, the Committee encourages the Government to adopt any special measures necessary to promote the inclusion of clauses on the principle of the Convention in collective agreements.

Enforcement. Labour inspection. In its previous comments, the Committee requested 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, and to provide information in that regard. The Government reports that the 2017 Annual Operational Plan of the Inspection Directorate envisages the development of training courses needed for labour inspectors to obtain knowledge of different areas of law, economics and social sciences, as well as the industries. The Ministry of Labour offices responsible for labour inspection provide ongoing training to inspectors on various topics relevant to their work, including gender mainstreaming. Between 2014 and August 2017, a total of 51 courses for inspectors and 27 courses for technical and experienced staff of the Inspection Directorate were held. Furthermore, between 15 and 19 May 2017, as part of the Programme to Strengthen Labour Institutions (FOIL) in Panama under the auspices of the Spanish Agency for International Development Cooperation (AECID), the National Technical Assistance Awareness-Raising and Capacity-Building Workshop for Ministry of Labour technical teams was held, on national and international standards and the gender-sensitive management of programmes and projects. There were 22 participants in the workshop, including labour inspectors and Ministry of Labour officials. Noting that the information provided relates to the general training of labour inspectors, the Committee requests the Government to send information on the activities undertaken to ensure that labour inspectors have suitable and regular training on the principle of the Convention to enable them to perform effectively their duty to monitor the application of the Convention at the national level. Furthermore, the Committee requests the Government to provide information on labour inspection activities related to equal pay for men and women for work of equal value, indicating the number and type of violations reported or identified, as well as the penalties applied and the results thereof.