Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Panama (Ratification: 1970)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.12 direct request; C.17 observation and C.19 direct request.

The Committee notes the observations of the National Council of Organized Workers (CONATO) regarding the application of Conventions Nos 12 and 19, received on 31 August 2023, which emphasize the difference in treatment for migrant workers and the limited statistical information on occupational accidents in agriculture, the latter on account of: (i) the precarious existence of duly constituted labour organizations; and (ii) the low level of affiliation of workers to the social security scheme despite the legal provisions making registration compulsory from the first day of work. The Committee requests the Government to provide its comments in this respect.

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (occupational accidents) and 19 (equality of treatment) in a single comment.

Article 5 of Convention No. 17, read in conjunction with Article 2(1). Payment of compensation in the form of periodic payments without limit of time. The Committee notes the Government’s indication that, further to the publication of Act No. 51 of 27 December 2005 amending the Basic Act on the Social Security Fund and establishing other provisions, all enterprises and regions in the country have been incorporated into the compulsory Social Security Fund (CSS) scheme, including coverage of occupational risks, which for this contingency provides for the indefinite payment of a pension in the event of permanent incapacity, whether partial or total.

Application of Convention No. 19 in practice. The Committee notes the information provided by the Government on: (1) the number of foreign workers registered with the CSS; (2) the work permits issued to foreigners by the Ministry of Labour and Employment Development; (3) the number of occupational accidents disaggregated in terms of migrants and non-migrants; and (4) the impossibility of estimating the number of foreign workers not registered with the CSS. The Committee also notes the observations of CONATO indicating the lack of equal treatment as a result of uncontrolled migration in the country. The Committee therefore requests the Government to indicate the steps taken, in law and in practice, to ensure the effective registration of migrant workers with the CSS, in order to provide them with the same protection as national workers in cases of occupational accidents.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Application of the Convention in practice. The report states that all foreigners, who are working in the country, are covered by the compulsory social security regime for employment accidents and that, between 2011 and 2016, 26,994 foreign workers have been registered with the social security fund. The Committee also notes that the national labour inspectorate found numerous enterprises, which are employing foreigners without a working permit and denying them access to any kind of social security benefits (see for example the official information note Mitradel, 28-9-2015). The Committee requests the Government to indicate the estimated number of unregistered foreign workers in the country and the legal and practical measures taken to give them the same protection in case of employment injury as to the national workers in accordance with the legislation.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report and the attached statistical data. It would be grateful if the Government would provide additional information in its next report on the following points.

Article 1, paragraph 1, of the Convention. According to the report provided by the Government, section 78 of Act No. 51 of 2005 reforming the Organic Act governing the Social Insurance Fund and other provisions specifies that foreign workers providing services in the country cannot be prohibited from coverage under the compulsory insurance scheme. The Government, however, adds that the Social Insurance Fund does not grant to the nationals of other countries which have ratified this Convention the same treatment as that granted to Panamanian nationals who are covered by the scheme. While taking due note of this information, the Committee would be grateful if the Government would provide further information on the differences in treatment by the Social Insurance Fund in respect of nationals of other countries that are parties to this Convention in relation to that granted to Panamanian nationals in the event of industrial accidents. Please also provide any relevant legislative text in this respect. The Committee recalls that each Member which ratifies Convention No. 19 undertakes, by virtue of the above provision, to grant to the nationals of any other Member which shall have ratified the Convention, who suffer personal injury due to industrial accidents happening in its territory or to their dependants, the same treatment in respect of workers’ compensation as it grants to its own nationals.

Part V of the report form. The Committee would also be grateful if the Government would provide information in its next report, including statistics on the number and nationality of foreign workers employed in Panama.