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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021. The Committee also notes the Government’s response.

Impact of the COVID-19 pandemic. In its observations, CONUSI indicates that many Panamanian women workers have been greatly affected by the pandemic, being subjected to dismissals and violations of rights such as reductions in pay. CONUSI considers that in 2021 the gender pay gap and gender-related occupational segregation have worsened. The Committee notes that the Government indicates, in its reply to CONUSI’s observations, that during the pandemic the Plan of Action of the Gender Parity Initiative (IPG Panamá) produced several documents on the situation of women and the measures to address the impact of the pandemic on women. The Committee notes the Government’s indication in its report that the Ministry of Labour and Employment Development (Ministry of Labour) has measured the impact of the pandemic on the participation of women in employment, with the aim of seeking strategies to promote the stability of women in different jobs at all levels and with equal pay, and to reduce the pay gap during the time of pandemic. The Committee requests the Government to provide detailed information on the impact of the pandemic on women’s employment and conditions of work (and also statistics on the number of dismissals and reductions in pay resulting from the crisis, disaggregated by sex). The Committee also refers to its comments on this subject relating to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 1 and 2 of the Convention. Wage gap and occupational segregation. The Committee notes the Government’s indication, in reply to its request for information on the evolution of the wage gap and the specific vocational training measures for women, that it is continuing its efforts to overcome the gaps indicated and refers to: (1) the implementation of the project, supported by the United Nations Development Programme (UNDP), on “Employment equality in Panama: Support for the implementation of the institutional equality plan and gender equality seal in enterprises”; (2) the “INAMU (National Women’s Institute) in your community” programme, which consists of the creation of networks of women promoting the empowerment and economic autonomy of women; and (3) the Mujer cambia tu vida programme, which includes the development of training projects in traditional and non-traditional occupations which promote and strengthen the empowerment and development of the entrepreneurship of rural women. The Committee takes note of the statistics sent by the Government showing, for 2019, that the median wage was 721.70 Panamanian balboas (PAB) for women and PAB722.10 for men. The Committee also observes that according to such statistics, women have a higher median wage than men in 10 out of 19 economic activities (for instance, in construction, agriculture, and entertainment). The Committee nonetheless notes that data disaggregated by occupation shows that women earn a lower median wage than men in all occupations, particularly women agricultural workers and women who are artisans or construction workers. While noting the efforts of the government to provide statistical information, the Committee observes that such data does not enable the Committee to draw any definitive conclusions regarding such differences in the median wage between women and men. For instance, it does not show if women earn more in specific sectors because they occupy jobs with a higher remuneration, if the statistical samples are representative of the sector, or if women are more present in sectors where their median wage is higher than men’s.

With regard to the impact of the “Plan of Action for equal opportunities for women (PPIOM) 2016–19” on reducing the gender-related wage gap and occupational segregation, the Committee notes the detailed information provided by the Government on the various actions implemented, including: (1) the fact that Panama was the first country in Latin America to join the Equal Pay International Coalition (EPIC), carrying out a pilot study free of gender bias in this context in 2018 with ILO technical assistance and implementing an EPIC National Plan; (2) the periodic production of Clara González national reports on the situation of women in Panama including systematic information on the situation and condition of women; (3) the adoption of Act No. 7 of 14 February 2018 adopting measures to prevent, prohibit and penalize discriminatory acts; (4) the adoption of Decree 241-A of 11 July 2018, regulating Act No. 56 of 11 July 2017, establishing that in the course of three years the number of women in decision-making positions in public and private entities has increased by at least 30 per cent; (5) the reinforcement of the network of public and civil entities producing and using statistical information with respect to gender mainstreaming in national statistics; (6) the IPG Panamá a public-private partnership model for promoting strategies to close gender gaps in the labour market and presenting proposals to the Government’s committee for economic recovery in the wake of the health crisis; and (7) the revival of the Gender Equality Committee at the Ministry of Labour in 2021. The Government also provides detailed information on the gender equality seal for private enterprises and the public sector and provides the list of certified enterprises and institutions. In its observations, CONUSI considers that the Government does not present any new data or information in its report that can demonstrate the concrete positive impact of the implementation of the PPIOM 2016–19 on reducing the wage gap. The Government indicates, in reply to these observations, that the “Network of public and civil entities that use and produce statistics for the introduction of a gender perspective in national statistics” has made progress in the validation and update of indicators for gender equality and in the ratification of a work plan. It also adds that under IPG Panamá 93 activities were carried out, impacting more than 3,500 women and 3,000 organizations. In this regard, the Committee recalls that it is essential to have appropriate data and statistics in order to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee notes the Government’s efforts to develop programmes aimed at reducing the gender wage gap. The Committee requests the Government to compile and communicate information on:

• (i)the impact of measures adopted in relation to the gender wage gap and to increase the diversity of occupations for men and women, and
• (ii)statistics disaggregated by sex on the distribution of men and women in the different sectors and occupations and their respective levels of pay.

Article 2(2)(b). Minimum wage. The Committee welcomes the Government’s indication that a reference to the principle of the Convention was included in the preamble of the Minimum Wage Executive Decree (No. 424 of 31 December 2019). It also indicates that the Decree is applied in accordance with article 67 of the Constitution and section 10 of the Labour Code, which guarantee the principle of wage equality. In its observations, CONUSI indicates that this principle is not taken into consideration when establishing minimum wage rates by activities, which depend on criteria such as geographical areas or regions and the size of enterprises. The Committee notes that, in certain sectors that are traditionally considered “female”, such as education, social or health services, lower minimum wage rates are applied than in sectors traditionally considered “male”, such as construction (PAB3.24 and 3.05 per hour in construction; PAB2.88 and 2.34 per hour in education; and PAB2.94 and 2.40 per hour in social and health services). In this regard, the Committee recalls the importance of ensuring that in minimum wage schemes certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey, paragraph 706). The Committee therefore requests the Government to provide information on the measures taken or contemplated to ensure that the setting of minimum wage rates is free from gender bias in order to ensure that the principle of equal remuneration for men and women for work of equal value is fully applied when fixing minimum wage rates.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee takes note of the data provided by the Government on the seminars held by the Panamanian Institute of Labour Studies in relation to collective bargaining. It notes that no information is provided on collective agreements that take account of the principle of the Convention. CONUSI indicates in its observations that it is unaware of the existence, among the Ministry of Labour’s training plans and programmes or in the context of its role as a mediator in collective negotiations, of measures that promote the inclusion in collective agreements of clauses containing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide information on:

• (i)the specific measures taken to promote the inclusion of clauses concerning the principle of the Convention in collective agreements; and
• (ii)any collective agreement concluded which addresses this principle.

Enforcement. Labour inspection. The Government indicates that labour inspectors have not been given training exclusively on the principle of the Convention but that the subject is covered in training on gender equality. It also indicates that the labour inspection training centre is carrying out the relevant coordination with the Gender and Equal Opportunities Office and with the Panamanian Institute of Labour Studies to develop training programmes on equal pay and non-discrimination at work. As regards inspection activities, the Government indicates that there is no evidence in inspection report records of non-compliance with the Convention or complaints regarding pay inequalities. In its observations, CONUSI expresses regret that there is no training programme for labour inspectors aimed at effective monitoring of the principle of the Convention and points out that the fact that there is no evidence of non-compliance with the Convention or complaints regarding pay inequalities shows that the work of labour inspectors is not designed or implemented with the aim of securing compliance with the Convention. The Committee emphasizes that the absence of complaints does not necessarily mean that pay discrimination does not exist; rather, it might reflect the lack of an appropriate legal framework and lack of capacity in labour inspection, whose primary duty should be the monitoring of the relevant provisions. The Committee requests the Government to provide information on any measures taken or envisaged to improve the capacity of labour inspectors and other public officials to identify and process cases of pay inequality and to examine whether substantive and procedural provisions enable, in practice, the presentation of complaints in this regard and follow-up action on them.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021. The Committee notes the Government’s response.

Articles 1(b) and 2(2)(a) of the Convention.Work of equal value. Legislation. The Government indicates in its report that it received technical assistance from the ILO in 2017 and 2019 regarding measures to harmonize its legislation with the principle of the Convention, in particular section 10 of the Labour Code (which provides for “equal pay for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”). In its observations, CONUSI expresses the view that there is no justification for the legislative amendments not to have been carried out by the Government. The Committee notes the Government’s response indicating that due to political elections and the change of government, it was not possible to follow-up on the assistance provided by the ILO, and that consideration is being given to requesting technical assistance again. The Committee recalls that on numerous occasions it has pointed out that the legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination in situations where men and women perform different work that is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee therefore once again requests the Government to take steps to expand the definition contained in its legislation of the principle of equal remuneration for men and women for work of equal value, in accordance with the provisions of the Convention. The Committee reminds the Government that it may continue to avail itself of the technical assistance of the Office on this matter if it deems it necessary.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee once again requested the Government to take the necessary steps to align its legislation with the principle of the Convention and, in particular, to amend section 10 of the Labour Code (which provides “for equal pay for work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”) so that it fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on any developments in this regard. It also reminded the Government that the technical assistance of the Office was available. In this regard, the Government indicates in its report that article 67 of the National Constitution guarantees equal pay for work performed under identical conditions, which is also included in section 10 of the Labour Code, and states that section 145 of the Labour Code establishes an expeditious judicial procedure of redress in case of violation of the principle of equal minimum pay, or in case of unequal pay. The Government further notes that it requested assistance from the ILO in August 2017 in order to make progress with bringing its legislation into line with the principle of the Convention. The Committee trusts that the technical assistance requested in order to harmonize the legislation with the principle of the Convention will be provided without delay. The Committee requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2 of the Convention. Minimum wage. In its previous comments, the Committee asked the Government to indicate the criteria used to ensure that, in setting minimum wage rates, full effect is given to the principal of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that in fixing minimum wages, account is taken of the provisions of article 67 of the Political Constitution and section 10 of the Labour Code, and that for hourly work, Executive Decree No. 182 of 2013 sets new minimum hourly wage rates on the basis of economic activity, size of enterprise, geographical region and occupation. The Committee refers the Government to its observation on the application of this Convention in connection with article 67 of the Political Constitution and section 10 of the Labour Code. The Committee recalls that wage rates must be determined on the basis of objective criteria, free from all gender bias, to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. The Committee requests 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”.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information from the Government on the training on gender equality provided by the Ministry of Labour and Labour Development in the Union of Banana Industry Workers with a view to the conclusion of a more equitable collective agreement. The Committee requests 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 asks the Government to take steps to ensure awareness raising and training in workers’ and employers’ organizations about the application of the principle of equal remuneration for men and women for work of equal value.

Other measures taken by the Government to secure equal remuneration. The Committee takes note of the adoption of the Public Policy on Equal Opportunities for Women (PPIOM) through Executive Decree No. 244 of 2012, and of its strategic objectives. The Committee also notes the measures taken for the use of a gender equality seal to certify enterprises that actively promote equality between men and women workers. The Committee requests the Government to send specific information on the manner in which the implementation of the 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.

Part V of the report form. Application in practice. Labour inspection. The Committee notes the information supplied by the Government to the effect that the Inspection Directorate has no specific programme of training on the provisions of the Convention but that, in coordination with the training section of the Human Resources Institutional Office and other offices of the Ministry of Labour and Labour Development, training on gender equality is provided. The Committee draws attention to the fundamental role played by the labour inspectorate in supervising the application of the principle of equal remuneration for men and women for work of equal value. It emphasizes in this context the need to provide inspectors with adequate training on the specific issues of wage discrimination based on gender, the role they need to play in addressing them, and the advisability of working in conjunction with other bodies specializing in these matters. The Committee requests 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. It requests the Government to provide information in this regard.

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

The Committee takes note of the observations of 2 September 2014 by the International Organisation of Employers (IOE) and the National Council on Private Enterprise (CONEP).

Wage gap and occupational segregation. In its previous comments the Committee requested the Government to take concrete steps in the area of education, training and vocational training in order to broaden job opportunities for women and narrow the marked occupational segregation in the labour market and reduce the gender pay gap. The Committee takes note of the information supplied by the Government on the measures for training in non-traditional activities and occupations, such as electricity, crane operating, technology and carpentry. It observes, however, that there is no information on the numbers of persons trained disaggregated by sex. The Committee also notes that in their observations, CONEP and the IOE point out that in wage fixing, account is taken not of the workers’ sex but of economic activity, occupation and size of enterprise. However, the Committee notes that the statistics compiled by the National Institute of Statistics and Census (INEC) show persistent and marked sex-based occupational segregation (in 2013 taking into account the whole active population: construction, men 21.8 per cent and women 1.9 per cent; education, men 3.6 per cent and women 10.6 per cent; social and health related services, men 1.6 per cent and women 7.6 per cent; household activities, men 1.3 per cent and women 10.7 per cent). Similar disparities are reflected in the significant wage gap. For example, at management level, in 2013 the average monthly salary was 973.6 Panamanian balboas (PAB) for men and PAB952 for women; among professionals, scientists, and other intellectuals the average monthly salaries for men and women were PAB1,019 and PAB884 respectively; for plant and machinery operators the wages were PAB583 and PAB489 respectively; for middle-grade technicians and professionals they were PAB736 for men and PAB666 for women. The statistics also show a larger proportion of men in the highest salary grades (in management jobs paying over PAB 3,000 monthly men account for 16.7 per cent and women for 13.3 per cent; in professional, scientific and technical jobs men account for 13.2 per cent and women for 3.2 per cent; in middle-grade technical and professional jobs men account for 5.1 per cent and women for 1 per cent). The Committee requests the Government to take practical measures for the education and vocational training of women in all sectors of occupation, including those traditionally occupied by men, in order to broaden the employment opportunities for women and enhance their prospects for advancement and promotion in their respective occupations. The Committee requests the Government to provide information on these matters and on any other practical measures taken to reduce the present wage gap and attenuate its impact.

Article 1(b) of the Convention. Work of equal value. The Committee has for more than 20 years referred to the need to amend section 10 of the Labour Code, which provides “for equal pay for work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, in order fully to align it with the principle of equal remuneration for men and women for work of equal value. The Committee also recalls that article 67 of the Political Constitution likewise provides that “an equal salary or wage shall be paid for work carried on in the same conditions, regardless of the person performing it, without exception and without distinction as to sex, nationality, age, race, social class, or political or religious ideas”. Section 4 of the Constitution provides that the Republic of Panama respects international labour standards. The Committee notes the establishment of a harmonization committee under the Tripartite Agreement of Panama, concluded in February 2012 between CONEP, National Council of Organized Workers (CONATO) and the National Confederation of United Independent Unions (CONUSI), with the cooperation of the ILO. The Government indicates that the abovementioned committee is responsible for harmonizing the legislation with ratified Conventions. The Committee nonetheless observes that, according to the Government, there have been no changes as regards the harmonization of article 67 of the Constitution and section 10 of the Code since they are not incompatible with the principle of the Convention, their aim being equality. The Committee recalls in this connection that the concept of “work of equal value” lies at the heart of the fundamental right to equal remuneration for men and women for work of equal value, and the promotion of equality. Owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often, “female” jobs are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee recalls that insistence on factors such as “equal conditions of work, qualifications and output” may be used as a pretext for paying women lower wages than men. Although factors such as skill, responsibilities, effort and working conditions are clearly relevant in determining the value of work, when examining two jobs the value need not be the same for each factor – determining value is about the overall value of the job when all the factors are taken into account (see the 2012 General Survey on the fundamental Conventions, paragraphs 673 et seq.). The Committee requests the Government to take the necessary measures to align its legislation with the principle of the Convention and in particular to amend section 10 of the Labour Code so that it fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any developments in this regard and points out that it may avail itself of technical assistance from the Office.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Creation of the Gender and Labour Office. The Committee notes that Decision No. DM131-2010 of 27 April 2010 created the Gender and Labour Office under the Ministry of Labour and Social Development. The Office’s objectives and functions include, in particular, participation with the National Institute for Women (INAMU) in the formulation, application and evaluation of national public policies to promote the full and equal participation of women, the analysis of labour policies and wages from a gender perspective and raising the awareness of the population concerning discrimination facing women, and the inclusion of indicators to identify inequality. The Committee also notes the information and training activities carried out. The Committee asks the Government to continue providing information on the activities and measures taken by the Gender and Labour Office and on their impact in practice.

Economic incentives to achieve parity. In its previous comments, the Committee asked the Government to supply information on the application of section 52 of Decree No. 53 of 2002 to promote economic incentives for the achievement of a labour force consisting of 50 per cent women, as well as on the application of sections 42, 45, 48, 50 and 56 of the Decree. In this regard, the Committee notes that the Government has provided extensive information on the entry into functions of the Gender and Labour Office and the measures envisaged or adopted in relation to the implementation of these provisions. It also notes the training measures adopted by the National Vocational Training Institute for Human Development (INADEH), to which it refers below. The Committee asks the Government to provide specific information on the measures adopted and their impact on the elimination of unequal remuneration between men and women, and on the application of section 52 of Decree No. 53 of 2002.

Collective agreements. The Committee notes that one of the functions of the recently established Gender and Labour Office consists of promoting collective bargaining as a means of eliminating inequalities in the remuneration of women. It also has to coordinate with the Panamanian Institute of Labour Studies (IPEL) for the inclusion of the gender perspective in the plans and programmes of unions in the country, promoting the inclusion of women in the administrative boards of unions. However, the Government adds that collective agreements do not address equal remuneration and only refer to wage increases. The Committee asks the Government to provide information on the specific measures adopted by the Gender and Labour Office for the promotion of collective bargaining as an instrument for the elimination of inequalities in remuneration and their impact on the collective agreements that are concluded.

Minimum wage. In its previous comments, the Committee asked the Government to provide information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee notes the adoption of Executive Decree No. 263 of 21 December 2009 determining new minimum wage rates. The Government indicates that the Decree has to be implemented within the framework of article 67 of the Political Constitution, under the terms of which equal wages shall always correspond to “equal work under identical conditions”. The Government suggests the inclusion of the reference to article 67 of the Constitution in the next decree on minimum wages. In this respect, the Committee recalls that the principle provided for in the Constitution is more restrictive than that set out in the Convention. The Committee recalls that the concept of work of equal value includes but goes beyond that of equal work and also encompasses work that is of an entirely different nature but which is nevertheless of equal value. On that occasion, the Committee emphasized the importance of comparing different work on the basis of factors that are not inherently discriminatory with a view to ensuring that work principally carried out by women is not undervalued. The Committee also observes that wage rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention.

Labour inspection. The Committee notes the Government’s indication that there is no specific training programme for labour inspectors on the principle of the Convention, but that this will be taken into account and proposed to the Human Resources Institutional Office of the Ministry of Labour and Social Development. The Committee emphasizes the importance of ensuring that inspectors are provided with appropriate training with a view to ensuring the effective implementation of the principle of equal remuneration for men and women for work of equal value and asks the Government to provide information on the measures adopted in this respect, as well as the awareness-raising measures taken for workers, employers and their organizations, on the principle of the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Work of equal value. In its previous comments the Committee referred to the need to amend section 10 of the Labour Code, which is limited to the payment of equal wages “for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, so as to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of equal value. The Committee takes note of the Government’s statement that it is considering the possibility of setting up a tripartite Higher Labour Council to regulate social dialogue and of creating an institutional forum for the promotion of consensus. The Government states that it may consider amending the Labour Code along those lines. The Committee asks the Government to continue providing information on the creation of a Higher Labour Council and on any decision the Council might take on amending the Labour Code so as to give legislative expression to the principle of equal remuneration for men and women for work of equal value, as well as on any other progress in this area. The Committee also asks the Government to take steps to promote a better understanding of the principle embodied in the Convention among the authorities and among employers, workers and their organizations.

Equal remuneration. In its previous observation the Committee took note of the observations of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) on the violation of the principle of equal remuneration for work of equal value in the public sector and the fact that no wage rates had been fixed without discrimination based on sex. The Committee notes the Government’s indication that all public servants earning the minimum wage, without distinction, have been granted a wage increase and that steps are under way to introduce a system for assessing effort and performance. It also states that the National Vocational and Development Training Institute (INAMU), established under Act No. 71 of 23 December 2009, is working on a public equal opportunities policy that will contain guidelines for incorporating women in development and equalizing the remuneration of men and women. The Committee notes the Government’s statement regarding the steps taken by the National Vocational and Human Development Training Institute (INADEH) to train women in non-traditional activities. The Government attaches detailed statistics on the remuneration of men and women in the public and private sectors. The Committee observes, however, that it is not possible to assess the evolution of the gender pay gap from the statistics provided by the Government. The Committee notes that there is still extensive occupational segregation (55,167 men and 15,484 women in the manufacturing sector, 100,180 men and 3,802 women in construction, 23,865 men and 52,404 women in teaching) and that most women are employed in lower paid jobs and in a lower wage range. As to the wage gap, 0.5 per cent of men and 1 per cent of women in the teaching sector earn less than 100 balboas, while 2.9 per cent of men and 0.7 per cent of women earn 3,000 balboas or more. The Committee asks the Government to continue taking concrete steps with regard to education and vocational training so as to broaden women’s employment opportunities, reduce the marked occupational segregation in the labour market and reduce the gender pay gap. The Committee specifically asks the Government to provide information on the measures adopted by INAMU and INADEH on the subject. The Committee also asks the Government to provide information on any developments in this area, as well as up-to-date statistics disaggregated by sex showing the evolution of the gender pay gap in the public and private sectors.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii)  provide information on any progress made in these respects; and

(iv)   provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.

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

The Committee notes the communication of the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP), dated 23 July 2009, sent to the Government on 31 August 2009. The Committee notes that the communication refers to the violation of the principle of equal remuneration for work of equal value in the public sector and, specifically to the absence of rates of remuneration established without discrimination based on sex. The Committee notes that it has not yet received the Government’s observations in reply to the comments made by FENASEP. The Committee asks the Government to provide information on the application of the Convention in the public sector, including statistics on the wage levels of public servants disaggregated by sex, occupational category and post, and any other information that it considers appropriate in reply to the comments submitted by FENASEP.

Article 1 of the Convention. Work of equal value. The Committee refers to its previous comments in which it asked the Government to amend section 10 of the Labour Code, which is limited to guaranteeing equal remuneration for “equal work”, in order to give full legislative expression to the concept of equal remuneration for men and women for “work of equal value”, as provided for under the Convention. The Committee notes the Government’s indication that no progress has been made in this regard given that a consensus has not been reached among the social partners to amend the Labour Code. The Committee also notes that the Government reiterates the arguments put forward by the Legal Advisory Department of the Ministry of Labour and Employment Development (MITRADEL) that there is no inconsistency between section 10 of the Labour Code and the Convention. The Committee notes, in particular, that the Government indicates in its report that the Convention takes legal precedence over Panama’s national law and must therefore be applied in all labour relations and employment contracts.

However, the Committee notes the jurisprudence of the Supreme Court of Justice of Panama, referred to by FENASEP in its communication, that international conventions normally lack constitutional hierarchy and that the State therefore has an obligation to adapt its domestic legislation to the provisions of such conventions (Legal Registry of May 1991). The Committee also notes the difficulties which continue to be encountered in applying the Convention in practice, which are reflected in a significant and persistent wage gap between men and women. The Committee considers that there is a lack of understanding concerning the scope of the principle of the Convention and that incorporating this principle into the national legislation in accordance with the Convention would help to clarify the situation.

The Committee therefore draws the Government’s attention once again to its general observation of 2006. The Committee emphasizes that the concept of equal remuneration for “work of equal value”, although encompassing equal remuneration for “equal”, “the same” or “similar” work, is broader than that because it requires that equal remuneration also be given to workers carrying out work that is of an entirely different nature, but which is nevertheless of equal value. This comparison between different jobs is essential due to the gender segregation which exists in the labour market, which results in certain jobs being performed mainly or exclusively by men or women. The Committee also reminds the Government that provisions that are expressed more narrowly than the principle of equal remuneration for work of equal value hinder progress in eradicating gender-based pay discrimination. The Committee therefore asks the Government to:

(i)    promote dialogue with the social partners on the need to expressly prohibit pay discrimination in situations in which men and women perform different jobs which are nonetheless of equal value with a view to amending section 10 of the Labour Code;

(ii)   expressly establish in its legislation the principle of equal remuneration for work of equal value;

(iii) provide information on any progress made in these respects; and

(iv)  provide information on the steps taken or envisaged to promote understanding of the principle of the Convention by the authorities and organizations of workers and employers.

The Committee is raising other points in a request addressed directly to the Government.

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 wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, in order to address occupational segregation, “where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, the ‘same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. The wage gap. The Committee notes that in private enterprises in 2004 women earned a monthly average wage that was 11.32 balboas lower than that of men, and that in 2005 the wage gap decreased to 2.71 balboas. The Committee also notes that in the public sector the wage gap between women and men was 5.52 balboas in 2004 and 5.89 balboas in 2005. The Committee requests the Government to continue providing information on any measures adopted to reduce the wage gap between men and women. The Committee would be grateful if the Government would provide information on the statistics compiled on the basis of the gender indicators adopted under section 12 of Executive Decree No. 53 of 2002.

2. Economic incentives to achieve parity. The Committee recalls that section 52 of Decree No. 53 provides that the Government shall take action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes that the Government refers in its report to the activities undertaken by the Ministry of Labour and Employment Development (MITRADEL) in relation to equality of opportunity for women in the labour context. However, the Committee notes that none of the information provided relates to the use of economic incentives in the private sector to increase the participation of women in the labour market. The Committee, therefore, repeats its request to the Government to provide information on the application of section 52 of Decree No. 53. The Committee also asks the Government to provide information on the effect given to the provisions of this Decree relating to the engagement of women in new occupations and those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

3. Collective agreements. The Committee notes that in the context of the national policy on equality, MITRADEL is undertaking studies which include among their subjects collective agreements and gender equality in Panama. In the context of one of these studies, it is recommended to include in collective bargaining women workers who are traditionally excluded from it, as well as to adopt clauses in agreements to promote equality of opportunity for women both in respect of production and taking into account their reproductive role. The Committee asks the Government to provide information on the measures adopted or envisaged in accordance with the recommendations of these studies. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention.

4. Objective job evaluation. With regard to the Committee’s request relating to methods for the objective appraisal of jobs, the Government indicates that Executive Decree No. 7 of 10 March 2006 determines the new minimum wage rates throughout the national territory. The Committee reminds the Government that an objective job evaluation makes it possible to identify and correct cases in which unequalities persist in the remuneration of men and women who are engaged in different work, but which is nevertheless of the same value. The Committee also reminds the Government that this type of appraisal has to be based on objective criteria that are not affected by gender stereotypes in order to eliminate any under-evaluation of work traditionally carried out by women. The Committee asks the Government to provide information on the methods used for the application of the principle of equal remuneration for work or equal value when fixing minimum wage rates and in wages determined by collective agreements in the public and private sectors.

5. Labour inspection. The Committee notes the information provided in the annual report of the National Directorate of Labour Inspection, 2004–05. The Committee notes that, during the period 2004–05, a total of 7,742 inspections were undertaken at the national level, most of which were in commerce, other services, hotels and restaurants, construction and transport, storage and communication. The Committee notes that violations relating to the application of the Convention were not identified during the course of the labour inspections. The Committee reminds the Government that the fact that violations are not detected or that no complaints are made does not mean that there is no pay discrimination. The Committee asks the Government to keep it informed of the activities undertaken by the labour inspectorate in relation to equal remuneration for men and women for work of equal value and on the methods used to detect any violations of the principle set out in the Convention.

6. Part V of the report form. Statistics. The Committee is grateful to the Government for the statistics provided. The Committee notes that the Ministry of the Economy and Finance has made efforts to recognize and increase the visibility of work by women through the development of specific indicators. The Committee also notes that, in the context of the first phase of the Project on the Economic Agenda of Women, a document was prepared on the profile of the economic participation of Panamanian women, as well as a compendium of mini-studies on gender and the economy. The Committee also notes that the System of Gender-Based Indicators in Panama (SIEGPA) is currently in the process of adapting and updating the information available. The Committee asks the Government to provide copies of the studies carried out on the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information disaggregated by sex on the remuneration levels of jobs and positions in the various sectors of activity.

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

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee asked the Government to give legislative expression to the principle of equal remuneration for men and women for work of equal value by amending section 10 of the Labour Code, under the terms of which “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, with a view to improving the application of the Convention. The Committee recalls that this section contains provisions that are more restrictive than the principle of equal remuneration for work of equal value, as it is limited to guaranteeing equal remuneration for equal work. In its report, the Government indicates that it disagrees with the views of the Committee of Experts and does not see any inconsistency between section 10 of the Labour Code and the principle set out in the Convention. The Committee considers that the difficulties relating to the application of the Convention in law and practice arise in particular from this lack of understanding of the scope and implications of the concept of work of “equal value”.

2. The Committee, therefore, draws the Government’s attention to its general observation of 2006, in which it clarifies the meaning of “work of equal value”. The Committee reminds the Government that, as indicated in paragraph 3 of its general observation, in order to address occupational segregation, “where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, the ‘same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value.” In paragraph 6 of the general observation, the Committee indicates that “several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work.” The Committee, therefore, urges the Government: (a) to amend section 10 of the Labour Code by including the principle of equal remuneration for work of equal value; (b) to take the necessary measures to clarify the meaning of this principle with the authorities and with workers’ and employers’ organizations; and (c) to provide information in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that “equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority”, whereas the principle set out in the Convention is broader, since it also applies to work that is different but of “equal value” and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which “equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views”. The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of “equal value” and it requests the Government to continue providing information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

1. The wage gap. The Committee notes that, according to the Government’s report, the wage statistics show the disadvantages for women of the labour market situation and the inequality that exists on the labour market. According to the latest household survey, the average level of women’s wages in the private sector is 87.33 balboas lower than that of men, while in the public sector the average wage gap is reduced to 28.27 balboas in favour of men. The Committee asks the Government to continue providing information on the impact of the new legislation in terms of reducing the wage gap. The Committee would be grateful if the Government would provide information on the gender indicators adopted under section 12 of Executive Decree No. 52 of 2002.

2. Economic incentives to achieve parity. The Committee notes that, according to the Government’s report, further progress has not yet been achieved in the application of section 52 of Decree No. 53, which provides that the Government shall take action to promote economic incentives to achieve a labour force consisting of 50 per cent women. The Committee hopes that in its next report the Government will be in a position to provide information on the application of sections 42, 45, 48, 50, 52 and 56, to which it referred in its direct request in 2003.

3. Collective agreements and methods for the objective appraisal of jobs. With regard to the Committee’s request for the Government to provide copies of collective agreements applying the principle of equal remuneration for men and women for work of equal value, the Government indicates that collective agreements do not establish differences on grounds of sex, and that no distinction is made when determining wages by decree. The Committee considers that the fact that collective agreements or the legislation do not establish differences based on sex is undoubtedly a first step, but draws the Government’s attention to the fact that provisions which are neutral in their wording may nevertheless give rise to indirect discrimination through the provision of lower pay for jobs traditionally occupied by women than those traditionally held by men. Moreover, wage supplements (for seniority, mobility, availability) are components of remuneration that are not included in minimum wages, but which may give rise to hidden discrimination. It therefore asks the Government to provide information on the machinery that is in place to detect such differences where they exist and on the methods applied to undertake an objective appraisal of jobs. Due to the tendency for men and women to be engaged in different jobs, it is essential to have a technique to measure the relative value of jobs which differ in their content with a view to eliminating discrimination in the remuneration of men and women. The Committee hopes that in its next report of the Government will be in a position to provide information on the methods used for the objective appraisal of jobs and that it will provide copies of a number of collective agreements so that the Committee can examine wage categories by function and sex, as well as by wage supplements.

4. Labour inspection. The Committee notes that no complaints have been recorded during the reporting period concerning failure to apply the principle set out in the Convention. The Committee reiterates that it is not possible to deduce from the data on labour inspections contained in the Government’s report whether violations have been detected of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information in its next report on the activities of the labour inspectorate in relation to the principle set out in the Convention.

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

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader, since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which "equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views". The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of "equal value" and it requests the Government to continue providing information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report and the various annexes and statistical data attached.

1. The Government had indicated in its previous report that problems of unequal wages occur in practice and that between 35 and 39 per cent of the wage gap is caused by discrimination, with the widest gap (50 per cent) occurring in the case of women with postgraduate studies and also in the private sector. Moreover, Act No. 4 of 29 January 1990, establishing equality of opportunity for women, does not envisage a specific policy to promote equal remuneration for men and women workers for work of equal value. The Committee had requested the Government to provide information on the measures and action taken in the context of public bodies for the promotion of equal remuneration for men and women for work of equal value.

2. The Committee notes that, according to the statistics provided by the Government in its last report, the wage gap has been reduced in various sectors, for example in the commercial sector, where women on average earned 95.27 per cent of the wages of men in 1999, with this figure rising to 98.73 per cent in 2000. Despite the above, the statistics show that wage gaps between men and women persist in both the public and private sectors. Moreover, in most of the public administration the number of women employed at the higher paid levels is substantially lower than the number of men. Whilst this latter issue is related to the application of Convention No. 111, the Committee wishes to draw the Government’s attention to the fact that the wage gap between men and women is also related to the horizontal and vertical segregation which may prevent women from obtaining higher paid jobs.

3. The Committee notes the commitments made by the Ministry of Labour and other government and private entities to give effect to the provisions of Executive Decree No. 53 of 25 June 2002, with particular reference to the provisions relating to: the employment of women in new occupations or in those traditionally considered to be male dominated (sections 42, 45 and 48); the establishment of a mechanism requiring the inclusion in collective agreements of a compulsory clause for parity in the distribution of women and men in the various jobs (section 50); the introduction of economic incentives in the private sector for the application of the provisions of the Convention (section 52); and the carrying out of an assessment of the situation of women domestic employees (section 56). The Committee trusts that the Government in its next report will be able to indicate the progress made in practice in reducing the wage gap between men and women for work of equal value in both the public and the private sectors. The Committee asks the Government to provide copies of collective agreements which implement the principle of equal remuneration for men and women workers for work of equal value.

4. The Committee notes the information provided by the Government in its report on the provisions of section 41 of Executive Decree No. 53 of 25 June 2002 establishing machinery to receive and investigate violations reported by women workers in relation to discrimination on grounds which include sex. The Committee hopes that in its next report the Government will provide information on the progress achieved in this matter in relation to the processing of complaints of violations of the principle of equal remuneration for men and women workers for work of equal value. The Committee also wishes to draw the Government’s attention, in relation to the reference that it made in its report to the data on labour inspections contained in Annex 1 of the report under Convention No. 87, to the fact that it is not possible to deduce from these data whether violations of the principle of equal remuneration for men and women for work of equal value have been identified. For the above reasons, the Committee would be grateful if the Government would provide information in its next report where possible on the existence of violations relating to the application of the Convention in practice.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes with interest the adoption of Executive Decree No. 53 of 25 June 2002 issuing regulations under Act No. 29 of January 1999 to establish equality of opportunity for women, and particularly section 43 relating to the development of mechanisms and procedures for the appraisal of tasks to ensure the application of the principle of equal remuneration for men and women workers for work of equal value and the obligation to make use of the criteria agreed to in labour centres. The Committee notes with interest the information provided by the Government concerning the system for the appraisal of jobs in the various institutions in the public sector. It also notes the Government’s indication as to the preparation of further manuals for the classification and evaluation of jobs for the various decentralized institutions which are covered by the administrative careers system. The Committee welcomes this Decree and the adoption of objective job appraisal systems and asks the Government to provide information on the mechanisms, procedures and criteria adopted to promote equal pay for work of equal value pursuant to this Decree. The Committee also notes that the recently launched Plan for Equality of Opportunities for Women in Panama (PIOM II) 2002-06 envisages "promoting action to guarantee the international principle set out in Convention No. 100 of the International Labour Organization of equal remuneration for work of equal value".

2. The Committee recalls its previous comments noting that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In view of the new Executive Decree and the Plan for Equality, the Committee hopes that the Government will make every effort to amend section 10 of the Labour Code, thereby bringing its Labour Code into compliance with the broader principle of equal remuneration for men and women workers for work of equal value.

The Committee is also addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information in the Government’s report and the annexes attached thereto.

1. The Committee observes that there has been no progress in amending the Labour Code to incorporate the recommendations made in the Convention, since no bill has yet been drafted on Action 1.2, which corresponds to the legal and social equity section of the Women and Development Action Plan. The Committee appreciates that the Government is aware that the principle of equal pay for men and women for work of equal value established by the Convention is broader than the provisions on equality of remuneration in the national legislation. The Government states that not only does the legislation treat the principle established in the Convention restrictively, but that there are also provisions which are discriminatory and legal restrictions that impair the effective exercise of these rights. The Committee notes that, according to the Ministry of Youth, Women, Children and the Family, there should be a review of the Constitution as well as the labour legislation, but no decisions have as yet been taken in this regard. The Committee notes the Government’s statement that so far it has not been possible to overcome these shortcomings in the law. The Committee hopes that the Government will continue to make the necessary efforts to bring the national legislation into line with the principle of the Convention, and asks the Government to continue to report on progress made in this respect.

2. The Committee notes the promulgation of Act No. 4 of 29 January 1999 establishing equal opportunities for women, particularly Chapter V, which concerns labour. The Committee observes that although the Act establishes that the State shall implement a public policy to reduce segregation between the sexes at work, shall facilitate women’s admission to management posts and adapt formal and informal education and technical training programmes so as to qualify women for better paid jobs, it does not establish a policy to promote equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information on measures being taken by the specialized bodies responsible for the coordination, promotion, development and supervision of the public policy to promote equal opportunities for women in public entities, provided for in section 31 of the Act with regard to the promotion of equal remuneration for men and women for work of equal value.

3. The Government states that there are problems of wage differentials in practice and that, according to the report Gender implications of wage differentials between men and women, men and women workers are not paid strictly on the basis of merit, and discrimination accounts for between 35 and 39 per cent of the wage differential. The Government points out that the average wage varies according to the geographical area in which women are employed; in the urban formal sector women’s wages tend to be lower than men’s; and this tendency is more marked among women with high-level technical academic training, women with postgraduate degrees earning virtually only half the amount earned by their male counterparts. The Government stresses that there is no sector in which women are on a par with men and no level of education at which women earn as much as, let alone more than, men on average. The Committee also notes that in the public sector women’s pay is 5.5 per cent less than men’s and that in the private sector the wage differential for work of equal value is greater, women receiving 17 per cent less pay than men.

4. The Committee notes the Government’s statement that the standards laying down the principle of equal pay are ineffective largely because there is no proper process affording adequate guarantees to women workers in applying for jobs. Furthermore, the purpose of the procedure established by Act No. 53 of 1975, whereby the Ministry of Labour and Labour Development (MIDRATEL) hears applications concerning the minimum wage, is to determine whether or not the employer is paying the minimum wage, not whether the principle of equal pay is being observed. The Committee also notes with interest the conclusions derived from the Clara González national report on the status of women in Panama in 1999, which shows that although 15 per cent of the women questioned suffered wage discrimination, no cases of wage discrimination had been brought to MIDRATEL, and that 40 per cent of the women questioned were unaware that they could seek redress for wage discrimination with MIDRATEL. The Committee asks the Government to provide more information on the measures being adopted to disseminate the labour rights of women more broadly, and on the resources available to them to secure equal pay for work of equal value.

5. The Committee notes the Government’s statement that there are no suitable mechanisms for non-discriminatory job appraisal. The Committee recalls that objective job appraisal means adopting a method to measure and compare objectively the relative value of the tasks performed. Since men and women tend to perform different jobs, it is essential to have a method for measuring the relative value of jobs with different content so as to eliminate discrimination between men and women (see paragraphs 138-152 of the General Survey on equal remuneration, 1986). The Committee reiterates that the Government needs to adopt measures to promote such job appraisal and asks it to report on the progress made.

6. The Committee notes that, currently out of the 40 government institutions, 11 ministries and one decentralized body have institutional handbooks for the classification of jobs duly approved and executed. This amounts to coverage of 41 per cent of the 60,000 government civil servants entitled to have their posts appraised and classified. The Committee hopes that the Administrative Careers General Directorate will continue to provide information on progress and on measures envisaged to strengthen the continuity of the programme for classification, appraisal and remuneration of existing posts both in government bodies where the system has been installed and in those where it is not yet in operation.

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

The Committee notes the information supplied by the Government and has examined with interest the documentation on the Promotion of Equality of Opportunity Programme in Panama.

1. Regarding section 10 of the Labour Code and further related sections, the Committee notes that these provisions do not adequately reflect the principle of equal remuneration for men and women workers for work of equal value. The Committee notes with interest that Action 1.2 of the National Plan for Women in Development, to be applied between 1996 and 2001, included "the submission of proposals to the Legislative Assembly to incorporate the recommendations contained in Conventions Nos. 100 and 111 of the ILO into the amendments of the Labour Code". The Committee requests information on the progress achieved in bringing national legislation into line with the principles contained in the Convention.

2. The Committee requests information on the manner in which the application is ensured of the principle of equal remuneration for men and women workers for work of equal value to all persons employed in the bodies and services of the central public administration.

3. The Committee observes that, to initiate proceedings regarding violation of the principle of equal pay under section 145 of the Labour Code, conditions including the following must be met: (1) equal work must be performed in an enterprise or by a worker, and (2) the work performed must be carried out "in the same post". It wishes to point out that, as established by this Committee, the principle of the Convention extends beyond cases where work is performed in the same establishment and beyond the same jobs performed by both sexes. In this connection see paragraphs 22 and 72 of the 1986 General Survey. The Committee hopes that this question will be taken into consideration in the amendments to be undertaken to the Labour Code and would be grateful to be kept informed on any legal action and judgements arising in this connection.

4. In its information regarding Article 3 of the Convention, the Government referred to job evaluation. The Committee points out that an objective evaluation of jobs implies the adoption of a technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. See paragraphs 138 to 152 of the 1986 General Survey on this. The Committee hopes the Government will adopt measures to encourage this method of evaluation and asks to be kept informed of progress achieved.

5. The Committee requests the Government in its next report to provide the most complete statistical information possible, disaggregated by sex, regarding paragraphs (i) and (ii) of its 1998 general observation on Convention No. 100.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documentation.

1. With reference to the statistics compiled by the Regional Employment Programme for Latin America and the Caribbean (PREALC), which showed that the average monthly earnings of women workers in most economic activities, both in the public and private sectors, are in general lower than those of men, the Committee requested the Government in its previous comments to supply: (a) information as the reasons for these wage disparities between the sexes; and (b) the measures which have been taken or are envisaged to remedy these inequalities. The Committee notes that the Government refers to the manner in which women are integrated into the labour market and to factors of a cultural nature, as well as the statistical methodologies, as possible explanations for the wage disparities, but does not mention the measures taken to remedy them. The Committee once again requests the Government to supply information on the measures which have been adopted or are envisaged in this respect. In this context, the Committee refers to the explanations contained in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principles set out in Article 2 of the Convention, which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. Since the matter is not referred to in the Government's report, the Committee requests it to supply detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read in conjunction with section 10 of the Code (relating to violations of the principle of equal remuneration).

3. With reference to the 1991 ruling of the Supreme Court of Justice in an action to declare unconstitutional section 145 of the Labour Code (the determination of the period of retroactivity of a ruling establishing that the principle of equal wages has been violated), the Committee would be grateful if the Government would supply explanations on the scope of the Court's ruling, which is merely of an interpretative nature. Is its scope erga omnes? Will it continue to be applied in future? Might it only be applied in the case in question?

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report and the attached documents.

1. The Committee takes note of the statistics compiled by the ILO Regional Employment Programme for Latin America and the Caribbean (PREALC), referred to as a source in the appendices to the report, which show that the average monthly earnings of women are generally lower than those of men, in both the private and public sectors. The Committee therefore asks the Government to provide information as to the reasons for these wage disparities as well as on the measures taken or contemplated to remedy them. In this connection, the Committee refers to the explanations in paragraphs 22 and 23 of its 1986 General Survey on Equal Remuneration and to the principle laid down in Article 2 of the Convention which establishes the obligation to ensure equal remuneration for men and women workers for work of equal value.

2. The Committee would be grateful if the Government would: (a) send some samples of the collective agreements referred to on page 2, paragraph 2(b) of its report; and (b) provide detailed information on the methods used in conducting objective and impartial job evaluations, as required by section 145 of the Labour Code read together with section 10 of the same Code (in the event of the violation of the principle of equal remuneration).

3. The Committee notes the information contained in the Government's report to the effect that there have been no judicial rulings concerning the principle of equal remuneration, and trusts that the Government will continue to provide information in this respect (in accordance with Part IV of the report form).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's reports which were received in June 1988 and October 1989. While noting the concerns expressed in these reports, it notes that the information supplied does not reply at all to the comments made in its previous requests.

The Committee therefore once again requests the Government to supply full information in its next report on the measures that have been taken to promote the principle of equal remuneration for men and women workers for work of equal value, as provided for in the Convention.

The Committee also requests the Government to supply copies of some of the collective agreements establishing wage rates for workers of both sexes and to supply information, including copies of judicial decisions, which would enable it to assess the effect given in practice to the concept of "equal work" contained in section 10 of the Labour Code, and also to supply information on the way in which "equal conditions" as regards "efficiency" are determined for the workers concerned as set out in the same section.

The Committee hopes that the Government will not fail to supply the above information (the judicial decisions supplied with the above reports do not deal with equal remuneration) and that it will indicate the methods and criteria used by the national commission referred to in previous reports for the determination of minimum wages for various jobs. Please also supply statistics on current wages, both in the private and public sectors, since the statistics to which the Government referred in its report dated June 1987, have not been received.