Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Panama (Ratification: 1971)

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 31 August 2018. The Committee requests the Government to provide its comments in this respect.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government regarding the execution of the Government Strategic Plan (PEG) 2015–2019, the objective of which is to strengthen the links between economic growth, the consolidation of democracy, environmental sustainability and equity and social cohesion. The Committee observes that the PEG includes among its action lines the component entitled “Good life for all”, which provides for the adoption of measures to guarantee decent and healthy housing; accessible and efficient public health care; quality bilingual education and continuing training for innovation; and care for the elderly, and particularly vulnerable population groups. The Government adds that, in the context of the PEG, the Economic and Social Strategy 2015–2019 is being implemented, the areas of action of which include economic development, social inclusion and quality of life, and the strengthening of human capacities. The Government adds that social inclusion and competitiveness are the Government’s two main areas of action, and that over 80 per cent of the public investment envisaged in the PEG 2015–2019 is aimed at improving the quality of life of the Panamanian people. The Committee also notes the adoption on 30 March 2017 of the National Strategic Plan with the “Panama 2030” State Vision due to the participation of the social partners, among other stakeholders. This plan aligns the Sustainable Development Goals (SDGs) of the United Nations with the PEG 2015–2019 and the priorities of the National Development Dialogue (CND). Its strategic priorities include “Good life for all”, which sets out actions and targets for eradicating poverty, reducing hunger, increasing and improving health care coverage, equity, efficiency and quality; and establishing inclusive, relevant, equitable and quality education to promote lifelong learning opportunities for all. The Committee also notes the detailed information provided by the Government on the implementation of the various programmes and projects to combat poverty and on their impact. The Government refers to, among others, the cash transfer programmes “Economic Assistance Programme for Persons of 65 Years of Age and Older”, which benefited 127,230 people in 2017; the “Guardian Angel Programme”, which granted economic assistance of 80 Panamanian balboas (PAB) a month to 18,497 beneficiaries in 2017; and the “Housing Solidarity Fund”, which benefited 26,658 low-income Panamanian nationals in 2017. The Committee also refers to its 2018 direct request on the application of the Employment Policy Convention, 1964 (No. 122), in which it noted the implementation of the Programme to Strengthen Social Cohesion (COHESAL) and the Opportunity Network Programme and their impact in terms of improving the living conditions of vulnerable groups through income generation and of reducing extreme poverty through the provision of incentives to households. The Committee notes the impact of these programmes on the reduction of poverty rates. In this regard, the Government indicates that, according to the Multi-purpose Household Survey of the National Statistics and Census Institute (INEC), between March 2016 and March 2017, the percentage of the population in extreme poverty decreased from 9.9 per cent to 9.8 per cent. Similarly, the percentage of people in general poverty fell from 22.1 per cent to 20.7 per cent. The Government indicates that without the assistance or transfers of State social programmes, extreme poverty would have been 4.3 per cent higher in 2016. The Government indicates that public assistance was the second source of income for 22.9 per cent of households in general poverty and for 35.9 per cent of households in extreme poverty. However, the Committee notes the indication by CONUSI that the same methodology was not applied to measure poverty over the different periods and that the measurement is not continuous, and that it cannot therefore confirm that poverty levels in the country have fallen. With reference to labour market trends, the Committee refers to its 2018 observation on Convention No. 122, in which it noted that, according to the INEC study, between August 2016 and August 2017, the number of people in employment aged over 15 years increased from 1,770,711 to 1,785,849, while the unemployment rate increased from 5.5 per cent to 6.1 per cent. Regarding the measures adopted to ensure the maintenance of a minimum standard of living for wage earners (Article 5), the Government indicates that, between August 2016 and August 2017, wages increased by 5.2 per cent, which represents an increase in purchasing power of over 4.3 per cent. However, CONUSI maintains that the level of the minimum wage is insufficient, considering the level of inflation, the depreciation in the purchasing power of wages and the value of the basic food basket. CONUSI states that, according to statistical information of the Ministry of the Economy and Finance, the consumer price index increased by 0.8 per cent in September 2018, which was not compensated for by sufficient wage adjustments. Lastly, the Committee notes the information provided by the Government regarding the implementation of various programmes in the areas of health, education and access to social security and housing. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the measures adopted under the Government Strategic Plan (PEG) 2015–2019 and the National Strategic Plan with the “Panama 2030” State Vision, and on the results achieved. The Committee also requests the Government to provide detailed and updated information on any measures intended to ensure the improvement of the standards of living of the population of Panama (Article 2), particularly with regard to vulnerable groups, such as women, young persons, persons with disabilities, older persons and small-scale producers who practice subsistence agriculture. The Committee also requests the Government to provide updated information on the impact of these plans on “such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5(2)), in both urban and rural areas.

Article 3(2)(d). Improvement of living conditions in rural areas. The Committee notes the information provided by the Government on the various measures adopted to improve living conditions in rural areas. The Government refers to, among other measures, the investment made by the Office of Rural Electrification in electrification projects between 2014 and 2019, with the aim of promoting and developing electrification in rural areas in an efficient, economic and sustainable manner. However, the Committee notes the indication by CONUSI in its observations emphasizing the negative impact of the low rate of formal employment in rural areas (14.5 per cent of active persons in August 2017) on the living conditions of the poor population in those areas. Regarding the living conditions of indigenous peoples, the Committee notes the Government’s indication that the highest proportion of people in multidimensional poverty is in indigenous areas. The Government indicates that, in 2017, the incidence of multidimensional poverty was 93.4 per cent in the Ngabe-Buglé area, 91.4 per cent in the Guna Yala area and 70.8 per cent in the Emberá area. The Committee notes that, in the context of the PEG, it is envisaged to expand health and education infrastructure in indigenous areas; develop a decent housing project in consultation with indigenous communities through the programme “Roofs of Hope”; and implement training programmes in indigenous areas to incentivize, among other activities, agricultural production. The Committee also notes the implementation of the project supporting the implementation of the National Plan for the Comprehensive Development of the Indigenous Peoples of Panama, which includes among its objectives the improvement of the living conditions of indigenous peoples through the implementation of specific programmes to increase the level of education, health, housing and infrastructure in the indigenous lands of Panama, in accordance with the development plans established in each traditional structure. The Committee requests the Government to continue providing detailed and updated information on any measures intended to ensure the improvement of the living conditions of the rural population, including indigenous communities (Article 2). The Committee also requests the Government to provide statistical information, disaggregated by sex, age and region, on the impact of these measures.

Part III. Migrant workers. The Committee notes the information provided by the Government on the migration regulation processes carried out between 2010 and 2018. It also notes the approval of Executive Decrees Nos 167 and 168 of 3 June 2016, which establish the General Migration Regularization Procedure and the Extraordinary Migration Regularization Procedure for nationals of the People’s Republic of China. The Government indicates that 34,956 work permits for foreign workers were processed between July 2017 and June 2018. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to improve the living standards of migrant workers. It also requests the Government to provide updated statistical information, disaggregated by sex, on the number of migrant workers required to live away from their homes.

Part IV. Remuneration of workers. Advances on wages. Voluntary thrift. In reply to its previous comments, the Government refers to extracts from ten judgments of the Higher Labour Court of the First Judicial District relating to the application of section 161 of the Labour Code on the withholding of and deductions from wages, in accordance with Article 12 of the Convention. The Committee notes that the above-mentioned extracts are not included in the Government’s report and requests the Government to provide them to the Office. The Committee requests the Government to provide detailed and updated information on the measures adopted to encourage wage earners and independent producers to practice any of the voluntary forms of thrift set out in the Convention. It also requests the Government to indicate the measures adopted to protect them against usury, and in particular to specify the measures taken to reduce the interest rates on loans by controlling the operations of money lenders and improving facilities for borrowing money for appropriate purposes through co-operative credit organisations or through institutions which are under the control of the competent authority.

Part VI. Education and Training. The Committee refers to its 2018 direct request on the application of Convention No. 122, in which it noted the many measures adopted with the participation of the social partners and enterprises to adapt the supply of training to labour market demands. The Committee refers to its 2018 comments on the application of Convention No. 122, in which it requested the Government to continue providing detailed information on the impact of the measures taken to promote vocational education and training policies. The Committee also requests the Government to continue providing information on the coordination of education and vocational training policies and employment policies, and specifically on how the supply of training is coordinated with changes in the demand for knowledge and skills and with labour market needs.

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

Parts I and II of the Convention. Article 2 of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government in relation to the implementation of the Strategic Plan 2010–14 of the Ministry of Social Development. With regard to the observations made in 2013 by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), the Committee notes that the Opportunities Network Programme benefited some 362,000 persons living in extreme poverty who did not have sufficient resources to ensure their health, nutrition and education. Act No. 15 of 1 September 2014 extended the coverage of the economic assistance programme so that persons of 65 years of age and over who do not have a pension and are in a situation of poverty receive monthly financial assistance of 120 balboas. The Committee requests the Government to continue providing information on the programmes implemented to combat poverty and the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development”.

Part III. Migrant workers. The Committee thanks the Government for the information received on the processes for the regularization of migrants carried out between 2010 and 2014 and hopes that it will continue providing information on the measures adopted to improve the standards of living of migrant workers.

Part IV. Article 12. Remuneration of workers. Advances on wages. The Government has provided copies of ten rulings issued by the Higher Labour Court of the first judicial district relating to the interpretation of section 161 of the Labour Code, which refers to retention of and deductions from workers’ wages. The Committee is grateful for the information provided and requests the Government to continue providing information on rulings issued by the courts and administrative decisions relating to section 161(3) and (13) of the Labour Code, which gives effect to the relevant provisions of the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. The Committee notes the observations made by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), which were transmitted to the Government in September 2013, concerning the impact of various government programmes and the reduction in workers’ purchasing power. Both organizations state that programmes such as “Network of Opportunities”, “100 to the 70” and “Universal Scholarships” have not met their targets to improve the standards of living. They add that although the Panamanian economy has the strongest growth in the region, there are problems with respect to the distribution of wealth. The Committee requests the Government once again to provide its comments in respect to the observations from CONUSI and CONATO. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2009 direct request.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Government provided information in May 2009 on the results of the operational plans of the Ministry of Social Development, whose poverty reduction strategy was based on the “Network of Opportunities” programme. The Committee requests the Government to supply information on the impact of the new poverty reduction programmes. It also requests the Government to provide an up-to-date evaluation of the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Committee notes the adoption of Legislative Decree No. 3 of 22 February 2008 establishing the National Migration Service, which is responsible for the administration, supervision, monitoring and application of the migration policies issued by the Executive. The Committee requests the Government to continue to supply information on the manner in which the National Migration Service contributes towards giving effect to the Convention.

Part IV. Remuneration of workers. Advances on wages. In reply to the Committee’s previous comments, the Government referred to the ruling of 17 April 2001 issued by the Higher Labour Court with regard to the provisions of section 161(3) and (13) of the Labour Code, establishing restrictive criteria for interpreting the provisions which permit deductions from workers’ wages, pursuant to wage protection regulations. The Committee requests the Government to supply up-to-date information on the manner in which court or administrative decisions have applied the provisions of section 161(3) and (13) of the Labour Code in accordance with Article 12 of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations made by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), which were transmitted to the Government in September 2013, concerning the impact of various government programmes and the reduction in workers’ purchasing power. The Committee invites the Government to provide any comments it may wish to make with regard to the observations from CONUSI and CONATO.

The Committee also notes that the Government’s report has not been received. The Committee hopes that a report will be sent so that it can be examined at its next meeting and that it will contain detailed information on the points raised in its direct request of 2009, which read as follows:

Parts I and II of the Convention. Improvement of standards of living. The Government provided information in May 2009 on the results of the operational plans of the Ministry of Social Development, whose poverty reduction strategy was based on the “Network of Opportunities” programme. The programme included the transfer of money to women breadwinners, for use in basic services and allocated to various actions in favour of households (educational assistance for boys and girls, training seminars and medical examinations). The programme also provided for administrative, health, education and development services, family support and territorial infrastructure, catering for 50,833 households in extreme poverty, half of which are indigenous households. The Committee requests the Government to supply information in its next report on the impact of the new poverty reduction programmes. It also requests the Government to provide an up-to-date evaluation of the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention).

Part III. Migrant workers. The Committee notes the adoption of Legislative Decree No. 3 of 22 February 2008 establishing the National Migration Service, which is responsible for the administration, supervision, monitoring and application of the migration policies issued by the Executive. The Committee requests the Government to continue to supply information on the manner in which the National Migration Service contributes towards giving effect to the Convention.

Part IV. Remuneration of workers. Advances on wages. In reply to the Committee’s previous comments, the Government refers to the ruling of 17 April 2001 issued by the Higher Labour Court with regard to the provisions of section 161(3) and (13) of the Labour Code, establishing restrictive criteria for interpreting the provisions which permit deductions from workers’ wages, pursuant to wage protection regulations. The Committee requests the Government to supply up-to-date information in its next report on the manner in which court or administrative decisions have applied the provisions of section 161(3) and (13) of the Labour Code in accordance with Article 12 of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the report received in May 2009, in which the Government provides detailed information in relation to the direct request of 2005.

1. Parts I and II of the Convention. Improvement of standards of living. The Government provides information on the results of the operational plans of the Ministry of Social Development, whose poverty reduction strategy was based on the “Network of Opportunities” programme. The programme included the transfer of money to women breadwinners, for use in basic services and allocated to various actions in favour of households (educational assistance for boys and girls, training seminars and medical examinations). The programme also provided for administrative, health, education and development services, family support and territorial infrastructure, catering for 50,833 households in extreme poverty, half of which are indigenous households. The Committee requests the Government to supply information in its next report on the impact of the new poverty reduction programmes. It also requests the Government to provide an up to date evaluation of the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2).

2. Part III. Migrant workers. The Committee notes the adoption of Legislative Decree No. 3 of 22 February 2008 establishing the National Migration Service, which is responsible for the administration, supervision, monitoring and application of the migration policies issued by the Executive. The Committee requests the Government to continue to supply information on the manner in which the National Migration Service contributes towards giving effect to the Convention.

3. Part IV. Remuneration of workers. Advances on wages. In reply to the Committee’s previous comments, the Government refers to the ruling of 17 April 2001 issued by the Higher Labour Court with regard to the provisions of section 161(3) and (13) of the Labour Code, establishing restrictive criteria for interpreting the provisions which permit deductions from workers’ wages, pursuant to wage protection regulations. The Committee requests the Government to supply up to date information in its next report on the manner in which court or administrative decisions have applied the provisions of section 161(3) and (13) of the Labour Code in accordance with Article 12 of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the report received in October 2003, in which the Government provided full information relating to the 1999 direct request.

2. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided concerning the measures and actions taken to harmonize plans for economic and social development. The Committee requests that the Government, in its next report, include an update on the way in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and information on the results achieved in its fight against poverty.

3. The Committee notes with interest the information provided on the General Plan for the Use, Conservation and Development of the Canal Area and the documents from the Interoceanic Region Authority. It also notes the programmes aimed at promoting the award of land titles with emphasis on poor and indigenous rural areas. The Committee would be grateful if the Government continued to provide information on the manner in which it is ensured that the ownership and use of land and resources are controlled so that they are used, with due regard to customary rights, in the best interests of the inhabitants of the country (Article 4, paragraph (c)).

4. Part III. Migrant workers. In its report, the Government mentions studies concerning migratory movements that were undertaken following the population and housing censuses carried out in 2000 and the National Survey on Standards of Living carried out from August to November 2003. In this regard, the Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In the conclusions on a fair deal for migrant workers in a global economy, adopted in June 2004, the International Labour Conference proposed a non-binding multilateral framework, developed in agreement with the tripartite constituents, to assist member States to develop labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.

5. Part IV. Remuneration of workers. Advances on wages. The Committee refers to its previous comments and requests that the Government include in its next report any court rulings or administrative resolutions that have applied the provisions of section 161, paragraphs 3 and 13, of the Labour Code as required under Article 12 of the Convention.

6. Part VI. Education and training. The Committee thanks the Government for the document prepared by the Ministry of Education, entitled “Report to the Ministry of Labour and Labour Development on the Application of the Conventions Ratified with the International Labour Organization”, dated 18 June 2003. The Committee hopes that the Government will continue to include, in its future reports, information concerning the measures taken to progressively develop broad systems of education, vocational training and apprenticeship, and details regarding the way in which training in new techniques of production has been organized as part of the social policy giving effect to the Convention (Articles 15 and 16).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report received in October 2003, in which the Government provided full information relating to the 1999 direct request.

2. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided concerning the measures and actions taken to harmonize plans for economic and social development. The Committee requests that the Government, in its next report, include an update on the way in which it is ensured that "the improvement of standards of living" is regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention) and information on the results achieved in its fight against poverty.

3. The Committee notes with interest the information provided on the General Plan for the Use, Conservation and Development of the Canal Area and the documents from the Interoceanic Region Authority. It also notes the programmes aimed at promoting the award of land titles with emphasis on poor and indigenous rural areas. The Committee would be grateful if the Government continued to provide information on the manner in which it is ensured that the ownership and use of land and resources are controlled so that they are used, with due regard to customary rights, in the best interests of the inhabitants of the country (Article 4, paragraph (c)).

4. Part III. Migrant workers. In its report, the Government mentions studies concerning migratory movements that were undertaken following the population and housing censuses carried out in 2000 and the National Survey on Standards of Living carried out from August to November 2003. In this regard, the Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In the conclusions on a fair deal for migrant workers in a global economy, adopted in June 2004, the International Labour Conference proposed a non-binding multilateral framework, developed in agreement with the tripartite constituents, to assist member States to develop labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.

5. Part IV. Remuneration of workers. Advances on wages. The Committee refers to its previous comments and requests that the Government include in its next report any court rulings or administrative resolutions that have applied the provisions of section 161, paragraphs 3 and 13, of the Labour Code as required under Article 12 of the Convention.

6. Part VI. Education and training. The Committee thanks the Government for the document prepared by the Ministry of Education, entitled "Report to the Ministry of Labour and Labour Development on the Application of the Conventions Ratified with the International Labour Organization", dated 18 June 2003. The Committee hopes that the Government will continue to include, in its future reports, information concerning the measures taken to progressively develop broad systems of education, vocational training and apprenticeship, and details regarding the way in which training in new techniques of production has been organized as part of the social policy giving effect to the Convention (Articles 15 and 16).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report to the effect that texts entitled "Social Development with Economic Efficiency 1997-99" and "A New Strategic Approach To Eradicate Poverty 1998-2003" had been produced within the framework of the public policies programme entitled "Social Development with Economic Efficiency" and transmitted to the Office.

Article 1 of the Convention. The Committee notes that reference is made in the table inserted in pages 17-20 of the document entitled "Social Development with Economic Efficiency 1997-99" to amend labour legislation to improve economic efficiency and increase the allocation of resources. The Committee also notes that reference is made on page 23 of the document entitled "A New Strategic Approach to Eradicate Poverty 1998-2003" to the labour reform adopted in 1995 for reducing costs in recruiting manpower. The Committee requests the Government to provide detailed information on any amendments made to labour legislation in order to implement the programme entitled "Social Development with Economic Efficiency 1997-99" and on the reduction in recruitment costs.

Article 4, paragraph (c). The Committee requests the Government to provide further detailed information on the objectives of the General Use of Land Programme referred to in its report, as well as the measures adopted or envisaged to achieve these objectives.

Article 12. The Committee notes the Government's statement to the effect that the Labour Code may only be amended by the enactment of legislation. The Committee recalls that it had referred to this provision in previous comments and regrets that the Government has not indicated that measures have been adopted or envisaged to amend the legislation in force. It urges the Government to provide information in its next report on the manner in which it guarantees the application of this provision of the Convention.

Article 14. The Committee notes the Government's indication in its reports that the implementation of project PAN/B76-301/95/10 to promote equality of opportunity for women in Panama (PROIGUALDAD) should be concluded in 2002. The Committee requests the Government to provide information on the results obtained by this project.

Article 15, paragraph 1. The Committee notes the information provided by the Government in its report on the Basic Education Project and the Education Development Programme. The Committee also notes the elaboration of the "Ten-Year Modernization Strategy for Education in Panama 1997-2006" which engendered the "Vocational Training for Young Persons Project". The Committee requests the Government to continue to provide information with regard to these projects and the results achieved.

Article 16. The Committee notes the information provided by the Government in its report on the implementation of the "Vocational Training for Young Persons Project" and the "Proposals to Consolidate the National System of Training and Education" and the adoption of Legislative Decree No. 4 of 7 January 1997, which embodies the Dual Professional Training. The Committee also notes the activities carried out by the National Institute for Professional Training (INAFORP). The Committee requests the Government to continue to provide information on the results obtained with regard to the above project.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments on Article 12 of the Convention, the Committee noted that section 161(3) of the Labour Code regulates the deduction from wages for the repayment of advances on wages and that section 162 limits the attachment or garnishment of wages. It pointed out that Article 12 of the Convention requires the maximum amounts of advances on wages to be regulated by the competent authority (paragraph 1) and that any advance in excess of such amount be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (paragraph 3). Noting that the above-mentioned provisions of the Labour Code do not fulfil these requirements, the Committee requested the Government to reconsider the adoption of legislative provisions to give effect to this Article of the Convention.

The Committee notes the Government's indication in its report that, no measures having yet been taken in this respect, the Government requested in November 1994 the multidisciplinary team of the ILO in San José to help it in elaborating draft amendments to the Labour Code with a view to bringing it into conformity with the ratified ILO Convention, including this Convention. The Committee hopes that necessary measures will be taken in the near future to bring the national legislation in line with the above provisions of the Convention. It requests the Government to indicate any progress made in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 12 of the Convention. In its previous comments, the Committee noted from the Government's last report that the Government considered it unnecessary to take further measures to give effect to this Article of the Convention since sections 161 and 162 of the Labour Code protect workers' wages. The Committee notes that section 161(3) of the Labour Code regulates the deduction from wages for the repayment of advances on wages and that section 162 limits the attachment or garnishment of wages. It points out that Article 12 of the Convention requires the maximum amounts of advances on wages to be regulated by the competent authority (paragraph 1) and that any advance in excess of such amount be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (paragraph 3). Noting that the above-mentioned provisions of the Labour Code do not fulfil these requirements, the Committee requests the Government to reconsider the adoption of the draft Decree which was prepared to give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments on Article 12 of the Convention, the Committee noted that section 161(3) of the Labour Code regulates the deduction from wages for the repayment of advances on wages and that section 162 limits the attachment or garnishment of wages. It pointed out that Article 12 of the Convention requires the maximum amounts of advances on wages to be regulated by the competent authority (paragraph 1) and that any advance in excess of such amount be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (paragraph 3). Noting that the above-mentioned provisions of the Labour Code do not fulfil these requirements, the Committee requested the Government to reconsider the adoption of legislative provisions to give effect to this Article of the Convention.

The Committee notes the Government's indication in its report that, no measures having yet been taken in this respect, the Government requested in November 1994 the multidisciplinary team of the ILO in San José to help it in elaborating draft amendments to the Labour Code with a view to bringing it into conformity with the ratified ILO Convention, including this Convention. The Committee hopes that necessary measures will be taken in the near future to bring the national legislation in line with the above provisions of the Convention. It requests the Government to indicate any progress made in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 12 of the Convention. Further to its previous comments, the Committee notes from the Government's report that the Government considers it unnecessary to take further measures to give effect to this Article of the Convention since sections 161 and 162 of the Labour Code protect workers' wages. The Committee notes that section 161(3) of the Labour Code regulates the deduction from wages for the repayment of advances on wages and that section 162 limits the attachment or garnishment of wages. It points out that Article 12 of the Convention requires the maximum amounts of advances on wages to be regulated by the competent authority (paragraph 1) and that any advance in excess of such amount be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (paragraph 3). Noting that the above-mentioned provisions of the Labour Code do not fulfil these requirements, the Committee requests the Government to reconsider the adoption of the draft Decree which was prepared to give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It also notes the information communicated by FAO in its letter of 25 February 1991. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information furnished by the Government stating that the draft Decree prepared to give effect to Article 12 of the Convention is still being studied by the legal adviser and the Directorate General of Labour of the Ministry of Labour. The Committee hopes that this text will be adopted shortly and so give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the information furnished by the Government stating that the draft Decree prepared to give effect to Article 12 of the Convention is still being studied by the legal adviser and the Directorate General of Labour of the Ministry of Labour. The Committee hopes that this text will be adopted shortly and so give effect to this Article of the Convention.