Labour Inspection Convention, 1947 (No. 81) - Panama (Ratification: 1958)

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

Previous comment

The Committee notes the observations of the National Council of Organized Workers (CONATO) received on 31 August 2023.

With regard to its previous comment, the Committee notes the content of the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 September 2020, and the Government’s reply thereto.

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government in its report that: (i) the tasks undertaken by the labour inspectors in no way interfere with the discharge of their primary duties; (ii) the Labour Inspection Directorate has intensified its preventive inspections in order to identify and provide guidance to foreign employers and workers in regularizing their work status and in ensuring respect for labour rights; and (iii) inspectors of the Department for Migrant Labour Inspection receive ongoing training on care for foreign workers and the implementation of measures to ensure conditions of decent work and respect for the rights of migrant workers. The Committee also takes note of the information contained in the reports of the Labour Inspection Directorate for 2021–22 on the number of inspections in the area of migrant labour and the number of work permits issued to foreigners covered. However, the Committee takes note that no specific information has been provided regarding statistics on the number of cases in which the rights of migrant workers have been recognized. TheCommittee again requests the Government to renew its efforts to collect and provide data on the application of labour rights to migrant workers and to communicate this information when it is available.

Articles 3(1)(a) and (b) and 13. Labour inspection in specific sectors and areas and in the field of safety and health. 1. Construction sector. With reference to its previous comments, the Committee notes that the Government reports that measures have been adopted to strengthen the capacity of the Labour Inspection in the area of construction, including: (i) updating capacities and capabilities regarding labour standards applying to work at heights, the use of cranes, boatswain’s chairs and scaffolding; (ii) the alignment of labour inspection standards in the construction industry and the broadening of their authority, through Act No. 237 of 15 September 2021, including the possibility of imposing a stay of execution on where compliance with payment of the contributions to the occupational safety and health fund has not been respected; and (iii) the finalization of Administrative Decision No. DM-056-2022 of 10 March 2022, approving the procedure for a temporary stay of execution of work for failure to comply with Act No. 67 of 30 October 2015 on payments to the Safety Fund. The Committee also notes the statistical tables presenting information on the suspensions of work imposed by the Labour Inspection in construction work. Nevertheless, the Committee observes that the Government’s reports on the Safety and Health in Construction Convention, 1988 (No. 167), show that there has been a significant increase in the number of accidents in this sector as of 2021 (17 in 2018; 12 in 2019; 11 in 2020; 104 in 2021; 69 in 2022 and 36 from January to March in 2023). Accordingly, the Committee requests the Government to provide detailed information on the measures taken in the area of labour inspection in order to guarantee respect for safety and health conditions in the construction sector, as well as to reduce the number of accidents amongst workers. The Committee also refers to its comments under the Safety and Health in Construction Convention, 1988 (No. 167).

2. Work in mining and other sectors with a high incidence of occupational risk. The Committee notes the information provided by the Government that the construction of the Cobre Panama mining project infrastructure was completed in 2019, resulting in a reduction in the number of workers involved. The Government also reports that in 2021 labour inspectors received training on inspection and monitoring in opencast mining processes, as well as an exchange of experience in mining programme with Chile, conducted through the Inter-American Network for Labour Administration of the Organization of American States, which culminated in the elaboration of manuals on the inspection process in the field of opencast mining. The Government also provided statistical information on the number of inspections and monetary penalties recorded in the Panama mining project. In that connection, the Committee notes that only ten inspections in the mining sector were performed between January and March 2023, whereas in 2022 a total of 322 inspections were conducted. It also indicates that despite having imposed 13 fines in 2021 and 14 in 2022, only 3 and 4 respectively were collected, for amounts varying between 250 Panamanian balboas (US$250) and 3,500 Panamanian balboas (US$3,500) each. Moreover, no information has been provided regarding the number of occupational accidents and diseases occurring in the installations. The Committee requests the Government to continue to provide statistical information on the labour inspection service with regard to the safety and health of mining workers, including in areas where work on the Cobre Panama mining project is being carried out, listing the number of occupational accidents and diseases as well. The Committee also requests the Government to continue providing information on the measures adopted to strengthen safety and health in sectors with a high incidence of occupational hazards.

3. Panama Canal Zone. The Committee notes the information provided by the Government that the Panama Canal Authority is an autonomous entity with legal personality, subject to a special labour regime based on a merit system, under which labour disputes between Panama Canal workers and their administration are resolved internally, through bargaining between the workers or trade unions and the Panama Canal Authority administration, in compliance with due diligence mechanisms set out in the Basic Act of 11 June 1997. The Government thus reports that the National Labour Inspection complies with this constitutional mandate. However, the Government indicates that the National Labour Inspection Directorate has the existing port areas on both banks of the Panama Canal under its jurisdiction and undertakes daily monitoring for compliance with labour standards and occupational safety and health. It also reports that the National Inspection Directorate analyses the Panama Canal Authority’s potential contractors for compliance with occupational safety and health standards. The Committee notes that the third chapter of the Basic Act of 11 June 1997 provides for the post of Overseer-General within the Panama Canal Authority. The Committee requests the Government to indicate if any type of labour inspection is conducted within the Panama Canal Authority, to point to the organ responsible for such inspection and its relation to the central authority of the labour inspection.

Articles 6, 7 and 15(a). Recruitment and training of labour inspectors and independence and impartiality of inspectors. With regard to its previous comments, the Committee notes from the Government’s report that: (i) the hours of work of labour inspectors concord with the standard working hours for all civil servants in the institution (Monday to Friday, from 8 a.m. to 4 p.m.); (ii) inspectors receive training according to the needs of the Inspection Directorate, and can take diploma courses, postgraduate courses and other courses of varying length, which may be one to three months to obtain a diploma, one year for postgraduate studies and one week for other courses; (iii) there are currently 98 labour inspectors, of which 70 are permanent employees and 28 are temporary employees; and (iv) wages vary between 800 Panamanian balboas (US$800) and 1,000 Panamanian balboas (US$1,000). The Government also indicates that labour inspectors are not appointed through competition, but are subject to the institution’s Internal Regulations, and that there is an occupational profile with which inspectors must comply, establishing minimum knowledge requirements, based on the successful completion of three modules delivered by the National Institute of Vocational Training and Capacity Building for Human Development (INADEH). It further reports that the procedure for dismissal is regulated by the institution’s Internal Regulations. Finally, the Committee notes the registry of training provided by the National Inspection Directorate during the 2020–23 period. In light of the information provided, and noting that the Government, in its previous report, indicated that as of 2018 all permanent appointments of new public servants, including labour inspectors, would be made by public competition, the Committee again urges the Government to provide information on the measures adopted to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as established by Article 6 of the Convention. While recognizing the information on average wages for labour inspectors, the Committee again requests the Government to give detailed information on the wage scales of labour inspectors, particularly in relation to other comparable categories of public servants, as well as statistics on the rotation of inspectors. Finally, the Committee reiterates its request to the Government to provide information on the measures implemented to guarantee that inspectors have no direct or indirect interest in the undertakings under their supervision, in conformity with Article 15(a).

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen and necessary transport costs. The Committee takes note of the information provided by the Government, according to which, in all urban areas, there is transport that enables labour inspectors to discharge their duties. Moreover, the Government reports that, when necessary, use is made of air transport to ensure the presence of inspectors in areas such as the banana-growing region of Bocas de Toro, the Panama Mining site and the cultivated regions of Tierras Altas in Chiriquí province, and that, in cases where the use of river or maritime transport is necessary, coordinated action is undertaken with institutions that possess such means, in order to allow inspectors to arrive in remote areas and to reach islands. The Committee notes the information provided, which responds to the previous request for information.

Articles 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. Regarding its previous comments, the Committee notes that the Government reports that the obligation to declare industrial accidents is described in the rules of the Social Security Fund. It also reports that notification of industrial accidents and occupational diseases is investigated ex officio by the Labour Inspection Directorate and that the data supplied by employers and by trade unions, and indeed that submitted by the staff of the Labour Inspectorate, are duly recorded and investigated. The Committee requests the Government to provide information on the measures adopted to ensure that the labour inspectorate is notified by the Social Security Fund of industrial accidents and that the numbers of industrial accidents and occupational diseases are included in the annual inspection reports.

Articles 17 and 18. Legal proceedings. Effectively enforced penalties. The Committee notes that the CONATO alleges in its observations that one weakness of the labour inspection system is that it fails in its efforts to implement penalties for violations. In addition, the union indicates that legal proceedings initiated by the labour inspectorate often end without results, or when there is a result, it has no real effect on the life of the worker or respect for the worker’s conditions of employment. The Committee requests the Government to provide its comments in this connection.

Articles 20 and 21. Annual inspection report. The Committee notes the information provided by the Government according to which the Unified Labour Inspection System is currently being upgraded, so as to include safety officers from the construction industry. In that connection, the Government reports that a new platform has been implemented and refined, the results of which are yet to be validated. The Committee also notes the report of the Labour Inspection Directorate for 2022. However, it observes that this report does not include statistics on the establishments liable for inspection, the number of workers employed in those establishments, the violations committed nor the cases of occupational diseases. The Committee also notes the statistics figuring in the Government’s report on the numbers of inspections, penalties, visits, accidents and operations. The Committee requests the Government to continue communicating information on all progress made regarding the implementation of the Unified Labour Inspection System and the new platform. It also requests the Government to make every effort to ensure that the annual inspection reports are published and transmitted to the ILO, in conformity with the requirements of Article 20 of the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year (see Articles 3(1) and (2), 13, 6, 7 and 15(a) below), as well as on the basis of the information at its disposal in 2019. The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 28 September 2019 and the Government’s reply thereto, received on 27 November 2019. The Committee also notes the observations of CONUSI received on 30 September 2020. The Committee further notes the response of the Government to these observations, received on 7 December 2020. Given that this response was received too late for examination by the Committee at its current meeting, the Committee proposes to examine it in due time.

Measures adopted in the context of the COVID-19 pandemic. The Committee welcomes the efforts made by the Government to provide information on the measures it has taken during the COVID-19 pandemic. The Committee notes in particular Decision No. DM-137-2020 of 16 March 2020, reached by tripartite consensus, adopting the Protocol to preserve health and hygiene in the working environment for prevention of COVID-19 and also providing for the setting up of special health and hygiene committees in enterprises. The Committee also notes the information provided by the Government regarding the work dynamic of the National Directorate of Labour Inspection in the context of the pandemic, in particular regarding inspections carried out to verify compliance with standards for the prevention of COVID-19 in cooperation with the Ministry of Health. The Committee also notes the protection measures implemented in the context of the work of the inspection services, in both offices and vehicles used for inspections.

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee requested the Government to describe how it is ensured that employers comply with their obligations relating to work carried out by migrant workers without a work permit issued by the Ministry of Labour and Employment Development (MITRADEL), particularly where such migrant workers are liable to be deported from the country. The Committee notes that the Government reiterates in its report that it is required by law to guarantee the rights arising from the employment relationship of all workers without any distinction, and that the provisions of laws on individual labour rights are explained to both the employer and to migrant workers during inspections. The Government also indicates that, in cases of work performed by migrant workers without a work permit, the Supreme Court of Justice has ruled that the fact that an employment relationship is illegal because the migrant worker does not have a work permit as required by labour law does not impair the worker’s right to receive basic employment benefits for services performed up to then (wages, paid leaves and the 13th month), but that the same does not apply to seniority bonuses and compensation. The Committee also notes the information contained in the reports of the Labour Inspection Directorate for the 2019–20 period on the number of inspections in the area of labour migration, the number of migrant workers detected without a permit, the number of applications for penalties relating to migration, and also decisions imposing penalties. The Government indicates that it does not have specific statistics on the number of cases in which the labour rights of migrant persons have been recognized.

The Committee notes the observations of CONUSI that the labour rights of many migrant workers are not respected despite the fact that they represent a significant section of the active population. CONUSI refers in particular to the fact that these workers are employed under less favourable conditions than those for Panamanian workers, they are dismissed without valid reason and are prevented from having recourse to the labour authorities to assert their rights. CONUSI also points out that the Labour Inspection Directorate does not have a work plan relating to informal employment and highlights the need to reinforce the hiring of staff with special training and with knowledge of the relevant agreements and national regulations. The Committee notes the Government’s indication, in its reply to CONUSI’s observations, that with the advent of the new administration migration-related operations have been intensified with a view to ensuring that labour standards are observed and that every employer who hires foreign workers does so within the legal framework observing the rights of migrant workers.

The Committee recalls that, in accordance with Article 3(1) and (2) of Convention No. 81, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this regard, it recalls that the Committee indicates in paragraph 452 of its 2017 General Survey, Instruments concerning occupational safety and health, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of the Convention. It also requests the Government to indicate the manner in which labour inspectors discharge their primary duties of ensuring the enforcement of employers’ obligations in relation to any statutory right that workers in an irregular situation may have for the period of their effective employment relationship. In this respect, it requests the Government to strengthen its efforts to collect and make available data on the enforcement of the labour rights of migrant workers, and to provide this information, once available.

Articles 3(1)(a) and (b), and 13. Labour inspection in specific sectors and areas and in the field of safety and health. 1. Construction sector. With reference to its previous comments on safety and health conditions in the construction sector, particularly by means of monitoring and the provision of technical information and advice by inspectors, the Committee notes the adoption of Act No. 67 of 30 October 2015, which establishes measures in the construction industry to reduce the incidence of occupational accidents. The Government indicates that labour inspectors and safety officials are inspecting construction projects and other work sites to ensure that workers comply with the provisions of Act No. 67. The Government also indicates that it has provided day courses for employers in the construction sector, conducted training on safety topics for labour inspectors and safety officials, and held awareness-raising days within the industry. Lastly, the Committee notes the information in the annual reports of the Government on the number of inspections carried out in the construction sector, and on the number of times that work has been stopped in this sector.

The Committee notes the observations of CONUSI that there are no data on penalties imposed on enterprises for failing to observe safety, health and hygiene measures, especially in construction work, where a large number of accidents are the result of non-compliance with safety measures and a significant percentage of them have resulted in the death of workers. CONUSI also points out that the statistics presented by the Government do not indicate the number of work projects that have been subject to stoppages for these reasons. CONUSI further alleges non-compliance with requirements that construction projects of a certain size must have a duly approved safety plan and a designated safety official with the aim of preventing accidents at work, as indicated by reports of the Single National Union of Construction Industry and Allied Workers (SUNTRACS). The Committee notes that the Government, in its reply to the observations of CONUSI, indicates the number of penalties sought for non-compliance with safety, health and hygiene measures (339 in 2017, 244 in 2018 and 60 in 2019), the number of work suspensions at national level (116 in 2017, 105 in 2018 and 63 in 2019), and also the number of approvals of safety plans (196 in 2017, 225 in 2018 and 122 in 2019). Moreover, the Government indicates in its reply that there are 394 active construction projects at the national level which have paid into the safety fund, through which 145 safety officials are given responsibility for safety, health and hygiene. The Committee requests the Government to continue providing information on any measures adopted to strengthen safety and health conditions in the construction sector. In this regard, it requests the Government to continue providing specific information on the number of labour inspections carried out in the construction sector, the number of violations detected and penalties imposed, and the results of those inspections (including the number of total or partial suspensions of construction work).

2. Work in mining and other sectors with a high incidence of occupational risk. In its previous comments, the Committee requested the Government to provide information on the impact of the creation of the Special Regional Directorate of MITRADEL on compliance with employers’ obligations, and particularly on the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project. The Committee notes the Government’s indication that 116 inspections relating to labour, labour migration and safety (44 scheduled, 16 following complaints and 54 follow-up inspections) were conducted in 2016 in that area. The Government also indicates that safety officials are present on the project from Monday to Sunday to ensure the enforcement of safety standards. The Committee also notes the Government’s indication that, in 2016, safety officials issued 254 safety notices to the various enterprises involved with the project, of which 98 per cent were addressed and corrected. Lastly, the Committee notes the information provided by the Government on the strategies implemented to ensure safety and health.

The Committee notes the allegations of CONUSI regarding the existence of forced labour involving migrant workers and also the lack of information and statistics from the Labour Inspection Directorate regarding this situation. The Committee notes the Government’s indication, in its reply to CONUSI’s observations, that nine safety officials carry out daily visits to the Cobre Panama mining project in order to supervise construction work and check compliance with safety standards. The Government indicates that in 2019 three inspections relating to labour migration were carried out in the area of the aforementioned project, resulting in three applications for fines and three convictions, with fines imposed on three enterprises. The Committee requests the Government to continue providing statistical information on the labour inspection services in relation to the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project (including the number of violations identified and the penalties imposed and of occupational accidents and diseases). The Committee also requests the Government to continue providing information on the measures adopted to strengthen safety and health in sectors with a high incidence of occupational hazards. Lastly, with regard to the allegations of CONUSI on the situation of foreign workers subjected to conditions of forced labour, the Committee refers to its comments made on the application of the Forced Labour Convention, 1930 (No. 29).

3. Panama Canal Zone. The Committee notes the observations of CONUSI that the Panama Canal Authority does not recognize being under the supervision of the Inspection Directorate of the Ministry of Labour. The Committee requests the Government to provide information in this regard, and also on labour inspection activities in the Panama Canal Zone, including information on the relationship between the inspectorate in this zone and the central inspection authority, the number of inspectors assigned to this zone, the number of inspections carried out and the number of violations detected.

Articles 6, 7 and 15(a). Recruitment and training of labour inspectors and independence and impartiality of inspectors. With reference to its previous comments, the Committee notes the adoption of Act No. 23 of 12 May 2017 amending Act No. 9 of 1994, which establishes and regulates the regime of administrative careers. The Committee also notes the Government’s indication in its report that, as from 2 July 2018, all permanent appointments of new public servants, including labour inspectors, will be made through a public call for applications (competition), in accordance with the requirements of the occupational classification manual of the Ministry of Labour and Labour Development (which include one year of work experience in basic labour inspection, a secondary school diploma, specialized courses or seminars on the subject and knowledge of the Labour Code and other laws). It also notes the Government’s indication that the recruitment of labour inspectors is conducted according to the procedure established for entrance competitions, which includes among its requirements the completion of a psychological and employment-related test and a personal interview to evaluate professional skills and capacities for the post. The Committee also notes the increase in the monthly salary from 600 to 800 Panamanian balboas (PAB) (approximately US$600–800) and the information concerning the training provided to inspection staff. Lastly, the Government indicates that it is making arrangements to implement a pilot plan for the polyvalent training of inspectors, and is considering adjusting the hours of work (Monday to Friday from 8 a.m. to 4 p.m.), including the granting of compensatory time off.

The Committee notes the observations of CONUSI received in 2019, according to which the Inspection Directorate requires strengthening of its internal inspection mechanism, since there are many complaints of bribery of inspectors. CONUSI also alleges, in its observations received in 2020, that a significant number of inspectors have been dismissed without justification or their contracts were not renewed or, in a very small number of cases, their contracts were renewed for just one year, which does not meet the requisite criteria of independence and stability. The Committee notes the Government’s indication that the dismissals at the Inspection Directorate are the result of investigations into ethical and moral misconduct. The Government also indicates that a process to improve the inspection system at the national level is under way, involving the training of inspectors and safety officials. In this regard, the Committee notes the supplementary information provided by the Government on training given to labour inspectors and safety officials. The Committee requests the Government to provide information on the planned adjustments to labour inspectors’ hours of work. It also requests the Government to continue its efforts to ensure that labour inspectors receive adequate training for the discharge of their duties, and to provide information on the implementation of the pilot plan for the polyvalent training of inspectors, indicating the duration of the training courses for labour inspectors, the number of participants and the subjects covered. It also requests the Government to indicate the salary scale of labour inspectors in relation to those of other comparable categories of public officials, and to provide statistics on the turnover of inspectors. The Committee further requests the Government to indicate the percentage of active labour inspectors with permanent appointments and to provide detailed information on the procedure established for the entrance competition and the procedure for the dismissal of labour inspectors. Lastly, the Committee requests the Government to provide information on the measures taken to ensure that labour inspectors have no conflict of interest, whether direct or indirect, in the undertakings under their supervision, in accordance with Article 15(a).

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen and necessary transport costs. With reference to its previous comments, the Committee notes the Government’s indication that the Inspection Directorate has a petty cash fund to cover daily transport costs for inspections located in areas where buses or taxis are available, and to pay daily expenses for inspections conducted at night. It also notes that labour inspectors have at their disposal for the discharge of their duties ten vehicles at headquarters and 14 vehicles shared among the 13 regional branches. The Committee requests the Government to continue providing information on any measures envisaged or adopted to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce.

Articles 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that there have been no developments in this regard, but that it reiterates its commitment to continue coordination with the relevant bodies. The Committee notes the information provided by the Government on the number of benefits paid for occupational disease (201 in 2013, 104 in 2014 and 104 in 2015 – preliminary figures). The Committee requests the Government to take the necessary legal and practical measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and that such information is included in the annual inspection reports. It requests the Government to provide information on any developments in this regard.

Articles 20 and 21. Annual inspection report. With reference to its previous comments, the Committee notes the reports of the Labour Inspection Directorate provided by the Government. However, the Committee notes that these reports do not contain statistical information on the workplaces liable to inspection and the number of workers employed therein, nor the violations reported. It also notes that the Government’s report includes statistics on occupational diseases. The Committee also notes that MITRADEL commissioned a comprehensive technical assessment in 2016 with a view to developing a diagnostic of labour inspection in the country. The Government indicates that the aim of this diagnostic is to improve the functions and services provided by the Labour Inspectorate of the Labour Inspection Directorate and to develop a platform that enables it to strengthen its organizational and operational structures. In this regard, the Committee also notes the Government’s indication that, since 2018, MITRADEL has been implementing the Unified Labour Inspection System within the Labour Inspection Directorate, a new technological platform that will systematize the entire inspection process by consolidating the information and data collected during the inspections carried out by the service. The Committee requests the Government to provide additional information on the results of this diagnostic, including the measures adopted to implement its recommendations. The Committee also requests the Government to provide information on any progress made with regard to the implementation of the Unified Labour Inspection System. Lastly, the Committee requests the Government to make every effort to ensure that the annual inspection reports are published and transmitted to the ILO in accordance with Articles 20(3) and 21 of the Convention.

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

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 28 September 2019 and the Government’s reply thereto, received 3 December 2019. As the Government’s reply arrived too late to be examined at the current session, the Committee will examine both communications when it next examines the application of the Convention.

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee requested the Government to describe how it is ensured that employers comply with their obligations relating to work carried out by migrant workers without a work permit issued by the Ministry of Labour and Employment Development (MITRADEL), particularly where such migrant workers are liable to be deported from the country. The Committee notes that the Government reiterates in its report that it is required by law to guarantee the rights arising from the employment relationship of all workers without any distinction, and that the provisions of laws on individual labour rights are explained to both the employer and to migrant workers during inspections. The Government also indicates that, in cases of work performed by migrant workers without a work permit, the Supreme Court of Justice has ruled that the fact that an employment relationship is illegal because the migrant worker does not have a work permit as required by labour law does not impair the worker’s right to receive basic employment benefits for services performed up to then (wages, leave and the 13th month), but that the same does not apply to seniority bonuses and compensation. The Committee also notes the information contained in the reports of the Labour Inspection Directorate on the number of inspections in the area of labour migration, the number of migrant workers detected without a permit, and the number of applications for penalties relating to migration. The Government indicates that it does not have specific statistics on the number of cases in which the labour rights of migrant persons have been recognized.

The Committee recalls that, in accordance with Article 3(1) and (2) of Convention No. 81, the function of the system of labour inspection is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In this regard, it recalls that the Committee indicates in paragraph 452 of its 2017 General Survey, Instruments concerning occupational safety and health, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take measures to ensure that the duties entrusted to labour inspectors do not interfere with the fundamental objective of securing the protection of workers in accordance with the primary duties set out in Article 3(1) of Convention No. 81. It also requests the Government to indicate the manner in which labour inspectors discharge their primary duties of ensuring the enforcement of employers’ obligations in relation to any statutory right that workers in an irregular situation may have for the period of their effective employment relationship.

Articles 3(1)(a) and (b), and 13. Prevention in relation to safety and health.  1. Construction sector. With reference to its previous comments on safety and health conditions in the construction sector, particularly by means of monitoring and the provision of technical information and advice by inspectors, the Committee notes the adoption of Act No. 67 of 30 October 2015, which establishes measures in the construction industry to reduce the incidence of occupational accidents. The Government indicates that labour inspectors and safety officials are inspecting construction projects and other work sites to ensure that workers comply with the provisions of Act No. 67. The Government also indicates that it has provided day courses for employers in the construction sector, conducted training on safety topics for labour inspectors and safety officials, and held awareness-raising days within the industry. Lastly, the Committee notes the information in the annual reports of the Government on the number of inspections carried out in the construction sector, and on the number of times that work has been stopped in this sector (63 stoppages between November 2014 and October 2015, 77 stoppages between November 2015 and October 2016, and 79 stoppages between November 2016 and October 2017). The Committee requests the Government to continue providing information on any measures adopted to strengthen safety and health conditions in the construction sector. In this regard, it requests the Government to provide specific information on the number of labour inspections carried out in the construction sector, the number of violations detected and penalties imposed, and the results of those inspections (including the number of total or partial stoppages of construction work).

2. Work in mining and other sectors with a high incidence of occupational risk. In its previous comments, the Committee requested the Government to provide information on the impact of the creation of the Special Regional Directorate of MITRADEL on compliance with employers’ obligations, and particularly on the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project. The Committee notes the Government’s indication that 116 inspections relating to labour, labour migration and safety (44 scheduled, 16 following complaints and 54 follow-up inspections) were conducted in 2016 in that area. The Government also indicates that safety officials are present on the project from Monday to Sunday to ensure the enforcement of safety standards. The Committee also notes the Government’s indication that, in 2016, safety officials issued 254 safety notices to the various enterprises involved with the project, of which 98 per cent were addressed and corrected. Lastly, the Committee notes the information provided by the Government on the strategies implemented to ensure safety and health. The Committee requests the Government to continue providing statistical information on the labour inspection services in relation to the safety and health of miners in areas where work is being carried out for the Cobre Panama mining project (including the number of violations identified and the penalties imposed and of occupational accidents and diseases). The Committee also requests the Government to continue providing information on the measures adopted to strengthen safety and health in sectors with a high incidence of occupational hazards.

Articles 6 and 7. Recruitment and training of labour inspectors and independence of inspectors. With reference to its previous comments, the Committee notes the adoption of Act No. 23 of 12 May 2017 amending Act No. 9 of 1994, which establishes and regulates the regime of administrative careers. The Committee also notes the Government’s indication in its report that, as from 2 July 2018, all permanent appointments of new public servants, including labour inspectors, will be made through a public call for applications (competition), in accordance with the requirements of the occupational classification manual of the Ministry of Labour and Labour Development (which include one year of work experience in basic labour inspection, a secondary school diploma, specialized courses or seminars on the subject and knowledge of the Labour Code and other laws). It also notes the Government’s indication that the recruitment of labour inspectors is conducted according to the procedure established for entrance competitions, which includes among its requirements the completion of a psychological and employment-related test and a personal interview to evaluate professional skills and capacities for the post. The Committee also notes the increase in the monthly salary from 600 to 800 Panamanian balboas (PAB) (approximately US$600–800) and the information concerning the training provided to inspection staff. Lastly, the Government indicates that it is making arrangements to implement a pilot plan for the polyvalent training of inspectors, and is considering adjusting the hours of work (Monday to Friday from 8 a.m. to 4 p.m.), including the granting of compensatory time off. The Committee requests the Government to provide information on these adjustments to hours of work. It also requests the Government to continue its efforts to ensure that labour inspectors receive adequate training for the discharge of their duties, and to provide information on the implementation of the pilot plan for the polyvalent training of inspectors, indicating the duration of the training courses for labour inspectors, the number of participants and the subjects covered. It also requests the Government to indicate the salary scale of labour inspectors in relation to those of other comparable categories of public officials, and to provide statistics on the turnover of inspectors. Lastly, the Committee requests the Government to indicate the percentage of active labour inspectors with permanent appointments and to provide detailed information on the procedure established for the entrance competition and the procedure for the dismissal of labour inspectors.

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen and necessary transport costs. With reference to its previous comments, the Committee notes the Government’s indication that the Inspection Directorate has a petty cash fund to cover daily transport costs for inspections located in areas where buses or taxis are available, and to pay daily expenses for inspections conducted at night. It also notes that labour inspectors have at their disposal for the discharge of their duties ten vehicles at headquarters and 14 vehicles shared among the 13 regional branches. The Committee requests the Government to continue providing information on any measures envisaged or adopted to strengthen the transport facilities available to inspectors, particularly in regions where public transport facilities are scarce.

Articles 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that there have been no developments in this regard, but that it reiterates its commitment to continue coordination with the relevant bodies. The Committee notes the information provided by the Government on the number of benefits paid for occupational disease (201 in 2013, 104 in 2014 and 104 in 2015 – preliminary figures). The Committee requests the Government to take the necessary legal and practical measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and that such information is included in the annual inspection reports. It requests the Government to provide information on any developments in this regard.

Articles 20 and 21. Annual inspection report. With reference to its previous comments, the Committee notes the reports of the Labour Inspection Directorate provided by the Government. However, the Committee notes that these reports do not contain statistical information on the workplaces liable to inspection and the number of workers employed therein, nor the violations reported. It also notes that the Government’s report includes statistics on occupational diseases. The Committee also notes that MITRADEL commissioned a comprehensive technical assessment in 2016 with a view to developing a diagnostic of labour inspection in the country. The Government indicates that the aim of this diagnostic is to improve the functions and services provided by the Labour Inspectorate of the Labour Inspection Directorate and to develop a platform that enables it to strengthen its organizational and operational structures. In this regard, the Committee also notes the Government’s indication that, since 2018, MITRADEL has been implementing the Unified Labour Inspection System within the Labour Inspection Directorate, a new technological platform that will systematize the entire inspection process by consolidating the information and data collected during the inspections carried out by the service. The Committee requests the Government to provide additional information on the results of this diagnostic, including the measures adopted to implement its recommendations. The Committee also requests the Government to provide information on any progress made with regard to the implementation of the Unified Labour Inspection System. Lastly, the Committee requests the Government to make every effort to ensure that the annual inspection reports are published and transmitted to the ILO in accordance with Articles 20(3) and 21 of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

With reference to its observation, the Committee wishes to make the following additional points.

Articles 3(1)(a), 17 and 18 of the Convention. Targeted inspections: migrant labour and mining. 1. Migrant labour. The Committee notes that, in relation to the measures adopted or envisaged to ensure that activities based on section 17 of the Labour Code (concerning the labour protection of nationals) do not interfere with the primary duties of the inspection services, the Government refers to the increase in preventive inspections, the introduction of immediate notification to accelerate penalty procedures, and the procedure for the immediate payment of fines. The Government adds that while the legislation provides for penalties for enterprises recruiting foreign workers without a permit issued by the Ministry of Labour and Employment Development (MITRADEL), but that it guarantees that employers respect the labour rights of foreign workers. The Committee requests the Government to describe how it is ensured that employers comply with the obligations relating to work carried out by foreign workers without a work permit issued by MITRADEL, particularly where such foreign workers are liable to be deported from the country. The Committee also requests that the Government provide information on the number of cases in which the rights of such workers have been recognized.

2. Mining and other sectors with a high incidence of occupational hazards. With regard to measures to ensure a strong and regular presence of labour inspection in workplaces and sectors involving a professional risk, the Committee notes with interest the creation of the Special Regional Directorate of MITRADEL, which will provide inspection services in areas where work is carried out for the Cobre Panama mining project. The Committee requests the Government to provide information, supported by data, on the impact of the establishment of the Regional Directorate on compliance with employers’ obligations and in particular on the safety and health of miners in the area where work is carried out for the project. It also requests that the Government report any other measures taken to strengthen safety and health in sectors with a high incidence of occupational hazards.

Articles 5(a), 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that the Government had expressed interest in receiving technical assistance from the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease in order to facilitate the establishment of an information network and requested it to ensure that measures were taken rapidly so that labour inspectors were informed of industrial accidents and cases of occupational disease. The Government indicates that, since elections and a change of administration are approaching, there are currently no plans to request technical assistance, but that once elections have been held, it could be envisaged. The Committee requests the Government to ensure that the necessary legal and practical measures are taken so that industrial accidents and cases of occupational disease are notified to the labour inspectorate, in accordance with Article 14 of the Convention and that such information is included in the annual inspection reports. It asks the Government to report on any developments in this regard.

Articles 10 and 16. Labour inspection staff and coverage. With reference to its previous comments, the Committee notes that there is still no list of enterprises at national level by geographical area, which makes it impossible to evaluate the coverage of the labour inspection system. The Committee emphasizes the importance of ensuring that this information is available to that end and, more precisely, in order to enable the central authority to justify its requested budgetary allocation with a view to achieving optimal coverage. The Committee therefore requests the Government to ensure that, in the future, the annual inspection report contains information on the number of establishments liable to inspection under the Convention and the number of workers employed therein. In this respect, the Committee invites the Government to refer to its general observation of 2009, which addresses the importance of creating and updating a register of workplaces.

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen costs and necessary transport. The Government indicates that seven vehicles at headquarters and 12 vehicles distributed among the 13 regional offices are available to labour inspectors for the exercise of their duties. The Committee requests the Government to report any measures envisaged or adopted with a view to strengthening the means of transport available to labour inspectors, particularly in regions with a shortage of public transport. It also asks the Government to indicate the measures adopted to reimburse labour inspectors for any unforeseen costs and any transport costs necessary for the exercise of their duties.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Directorate of the Labour Inspectorate for 2012. It notes once again that this report does not contain any statistics on the offences committed, the industrial accidents or cases of occupational disease. However, the Committee notes the statistics in the Government’s report on non-compliance reports, convictions that involve fines, and acquittal orders, as well as information on the most common offences. Emphasizing that it has been commenting for many years on the preparation and transmission, to the ILO within the time limits provided for in Article 20, of an annual report that contains the information set out in Article 21(a)–(g), the Committee expresses the firm hope that the Government will ensure that adequate measures are adopted without delay to that end. In this respect, the Committee invites the Government to consider the possibility of availing itself, if necessary, of ILO technical assistance.

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

The Committee notes the observations made by the National Confederation of United Independent Unions (CONUSI), received on 1 September 2016.

CONUSI indicates that many of the issues raise previously persist, namely: the lack of employment stability, the recruitment and dismissal of inspectors for political reasons, the terms and conditions of service of labour inspectors, their lack of independence and the difficulty of retaining them, which is due to low pay. CONUSI nevertheless acknowledges that improvements have been made to the basic training provided for inspectors, but indicates they are not specialized, continue to be too few in number, and are without adequate means of transport. CONUSI also indicates that migrant workers are not protected, particularly in the mining sector. Lastly, CONUSI indicates that there are no detailed reports containing annual statistical data on labour inspection activities or work-related accidents. The Committee requests the Government to send its comments on this matter.

The Committee also notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations made by the National Federation of Associations and Organizations of Public Employees (FENASEP), received on 28 August 2012, and the Government’s reply to those, received on 24 January 2013. It also notes the comments by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), received on 30 August 2013. Those comments deal partly with issues covered previously by the Committee and include the failure to send the reports to the trade unions; the recruitment and dismissal of inspectors on the basis of political clientelism and their unsuitability for the performance of inspection duties; the lack of employment stability and the conditions of service of labour inspectors; the ineffectiveness of inspections; the insufficient number of inspectors; the lack of integrity of such inspectors; the non-payment of fines handed down by labour inspectors by order of the hierarchical authority; the persistence of industrial accidents in the construction sector; and the need for political will and for increased ILO technical assistance to improve inspection services. The Committee requests that the Government communicate its comments in this regard.

Articles 6, 7 and 15(a) of the Convention. The need to improve conditions of service of labour inspectors to ensure compliance with deontological principles; conditions for the recruitment and adequate training of labour inspectors. The Committee notes that, in its 2012 comments, FENASEP alleges that the situation relating to the dismissal of inspectors on the basis of political clientelism which it pointed out in 2011 has not changed and that none of the inspectors who had been dismissed, including the official who benefited from trade union immunity in his capacity as General Secretary of the Association of Employees of the Ministry of Labour (ASEMITRABS), had not been reinstated. It also emphasized the fall in the number of labour inspectors and the fact that they were insufficient to monitor enterprises throughout the country. It also alleges that the wages of inspectors, which has been the same for the last five years, are insufficient and allow for corruption; that there is no basic training for employment, no regular skills refresher courses, no regular evaluation, and no skills accreditation. Many inspectors resign once they have acquired sufficient skills for the performance of their duties and are recruited in the private sector.

The Committee notes the Government’s indication that, although it is properly registered, ASEMITRABS does not operate, but has been used by various former officials of the Ministry to benefit from so-called trade union immunity. Orders for reinstatements of inspectors who have been dismissed are issued by the judicial body but no judicial order has been received for the reinstatement of former officials for reasons of trade union immunity. According to the Government, the FENASEP statement regarding the fall in the number of inspectors is unfounded. It emphasizes that 125 inspectors were appointed in 2010, 128 in 2011, and 114 in 2012 (the table included in the Government’s report shows 111 inspectors and 95 safety officers in 2013). It adds that the 2012 budget provided for a rise in inspectors’ salaries to 1,000 Panamanian balboas (PAB) and in safety officers’ salaries, which was fixed at PAB1,200. These increases, however, had not been applied owing to budgetary cuts but a rise had once again been envisaged for 2013. The Government also maintains that from 2009 ongoing training has been provided for labour inspectors and clarifies that any public official working in the Ministry is free to change employment whenever they deem it appropriate.

In its reply to the Committee’s previous comments, relating to the grounds for the removal of 70 per cent of civil servants whom it was considered did not meet performance expectations, the Government states that they: (i) did not meet the academic requirements (to hold a higher education certificate (bachiller) in science, humanities or business); (ii) did not have one year of professional experience in the basic labour inspection functions; and (iii) had not attended courses or seminars on the application of labour law. In relation to the grounds for the removal of 5 per cent of civil servants for breach of internal rules or misconduct, the Government states that those grounds were: (i) non-fulfilment of the main functions of the post (preparation of reports, inspections); (ii) failure to comply with work hours and ongoing unjustified absences; (iii) requests for and acceptance of bribes; and (iv) failure to comply with orders given or programmes established by hierarchical authorities. All such offences are contained, according to the Government, in the internal rules of the Ministry of Labour and Employment Development, Act No. 9 of 20 July 1994 which establishes and regulates administrative careers and its applicable text, Executive Decree No. 222 of 12 September 1997, which establishes and regulates the General Directorate of Administrative Careers. The appeal lodged against the decision gave rise to a disciplinary investigation, at the end of which the decision to remove the public servant from their post was upheld. The Government also states that the main grounds for resignation are to gain a more senior post with a better salary, and personal reasons.

Regarding measures taken or envisaged to retain qualified and experienced staff and in particular to safeguard the independence of labour inspectors necessary for the discharge of their functions, the Government refers to performance assessments, which enable evaluation of inspectors’ participation and cooperation, so that motivational and skills-building training may be carried out a posteriori, as well as to the enhancement of their discipline and commitment, which help inspectors to gain promotion to coordinator positions.

The Committee also notes that the Code of Conduct with which inspectors must comply is contained in Executive Decree No. 246 of 15 December 2004, which enacts the Uniform Code of Conduct for public servants working in central government bodies, non-compliance with which may result, in accordance with the seriousness of the offence, in a verbal or written warning, suspension, or removal from the post, in accordance with the corresponding administrative procedure.

The Government states that the recruitment of labour inspectors takes place by means of interviews carried out by qualified staff who are responsible for ensuring that the minimum requirements for the fulfilment of the post are met. It also states that the manual on inspection procedures drawn up by the National Directorate of the Labour Inspectorate is being updated, given the structural changes to the Directorate.

The Committee requests the Government to provide a copy of the text setting out the conditions for the recruitment of labour inspectors. The Committee also requests the Government to provide information on the measures adopted to ensure that inspectors are recruited solely on the basis of the candidate’s suitability for the discharge of the functions of inspection, and on the measures taken or envisaged to retain qualified and experienced staff (improvements in career prospects and levels of remuneration in relation to other comparable civil servant categories) and, in particular, those to safeguard the necessary independence of labour inspectors for the discharge of their functions. The Committee also hopes that the Government will continue to report on training given to inspectors for the performance of their functions (indicating the type of activity, duration, subject, number of inspectors participating and the body responsible for the training).

Articles 3(1)(a) and (b), and 13. Prevention relating to safety and health in the construction sector. The FENASEP alleges that although the boom in the construction industry contributes to the strengthening of legal protection mechanisms in this sector, labour inspection activity in the sector is lagging behind. The Government states that safety officers are responsible for supervising and ensuring that, at the site designated to them, safety and health measures are applied, and that there are currently 95 safety officers at the national level. The Committee requests the Government to report on any measures adopted with a view to strengthening the conditions of safety and health in the construction sector, in particular by means of monitoring activities and technical information and advice on inspection.

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 2014, published 104th ILC session (2015)

With reference to its observation, the Committee wishes to make the following additional points.

Articles 3(1)(a), 17 and 18 of the Convention. Targeted inspections: migrant labour and mining. 1. Migrant labour. The Committee notes that, in relation to the measures adopted or envisaged to ensure that activities based on section 17 of the Labour Code (concerning the labour protection of nationals) do not interfere with the primary duties of the inspection services, the Government refers to the increase in preventive inspections, the introduction of immediate notification to accelerate penalty procedures, and the procedure for the immediate payment of fines. The Government adds that while the legislation provides for penalties for enterprises recruiting foreign workers without a permit issued by the Ministry of Labour and Employment Development (MITRADEL), but that it guarantees that employers respect the labour rights of foreign workers. The Committee requests the Government to describe how it is ensured that employers comply with the obligations relating to work carried out by foreign workers without a work permit issued by MITRADEL, particularly where such foreign workers are liable to be deported from the country. The Committee also requests that the Government provide information on the number of cases in which the rights of such workers have been recognized.

2. Mining and other sectors with a high incidence of occupational hazards. With regard to measures to ensure a strong and regular presence of labour inspection in workplaces and sectors involving a professional risk, the Committee notes with interest the creation of the Special Regional Directorate of MITRADEL, which will provide inspection services in areas where work is carried out for the Cobre Panama mining project. The Committee requests the Government to provide information, supported by data, on the impact of the establishment of the Regional Directorate on compliance with employers’ obligations and in particular on the safety and health of miners in the area where work is carried out for the project. It also requests that the Government report any other measures taken to strengthen safety and health in sectors with a high incidence of occupational hazards.

Articles 5(a), 14 and 21(f) and (g). Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that the Government had expressed interest in receiving technical assistance from the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease in order to facilitate the establishment of an information network and requested it to ensure that measures were taken rapidly so that labour inspectors were informed of industrial accidents and cases of occupational disease. The Government indicates that, since elections and a change of administration are approaching, there are currently no plans to request technical assistance, but that once elections have been held, it could be envisaged. The Committee requests the Government to ensure that the necessary legal and practical measures are taken so that industrial accidents and cases of occupational disease are notified to the labour inspectorate, in accordance with Article 14 of the Convention and that such information is included in the annual inspection reports. It asks the Government to report on any developments in this regard.

Articles 10 and 16. Labour inspection staff and coverage. The Committee notes that the current number of inspectors at national level is 111 and the total number of safety officers is 95. Of the total number of inspectors, 48 are assigned to headquarters and 63 are distributed among the 13 regional offices; 48 safety officers are assigned to headquarters and 47 are distributed among the 13 regional offices. The Committee notes that while the total number of inspections increased significantly between 2010 and 2011 (from 19,444 to 29,499), it also fell significantly between 2012 and November 2013 (from 28,880 to 21,479). With reference to its previous comments, the Committee notes however that there is still no list of enterprises at national level by geographical area, which makes it impossible to evaluate the coverage of the labour inspection system. The Committee emphasizes the importance of ensuring that this information is available to that end and, more precisely, in order to enable the central authority to justify its requested budgetary allocation with a view to achieving optimal coverage. The Committee therefore requests the Government to ensure that, in the future, the annual inspection report contains information on the number of establishments liable to inspection under the Convention and the number of workers employed therein. In this respect, the Committee invites the Government to refer to its general observation of 2009, which addresses the importance of creating and updating a register of workplaces.

Article 11(1)(b) and (2). Transport facilities available to the labour inspectors and reimbursement of unforeseen costs and necessary transport. The Government indicates that seven vehicles at headquarters and 12 vehicles distributed among the 13 regional offices are available to labour inspectors for the exercise of their duties. The Committee requests the Government to report any measures envisaged or adopted with a view to strengthening the means of transport available to labour inspectors, particularly in regions with a shortage of public transport. It also asks the Government to indicate the measures adopted to reimburse labour inspectors for any unforeseen costs and any transport costs necessary for the exercise of their duties.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Directorate of the Labour Inspectorate for 2012. It notes once again that this report does not contain any statistics on the offences committed, the industrial accidents or cases of occupational disease. However, the Committee notes the statistics in the Government’s report on non-compliance reports, convictions that involve fines, and acquittal orders, as well as information on the most common offences. Emphasizing that it has been commenting for many years on the preparation and transmission, to the ILO within the time limits provided for in Article 20, of an annual report that contains the information set out in Article 21(a)–(g), the Committee expresses the firm hope that the Government will ensure that adequate measures are adopted without delay to that end. In this respect, the Committee invites the Government to consider the possibility of availing itself, if necessary, of ILO technical assistance.

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

The Committee notes the observations made by the National Federation of Associations and Organizations of Public Employees (FENASEP), received on 28 August 2012, and the Government’s reply to those, received on 24 January 2013. It also notes the comments by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO), received on 30 August 2013. Those comments deal partly with issues covered previously by the Committee and include the failure to send the reports to the trade unions; the recruitment and dismissal of inspectors on the basis of political clientelism and their unsuitability for the performance of inspection duties; the lack of employment stability and the conditions of service of labour inspectors; the ineffectiveness of inspections; the insufficient number of inspectors; the lack of integrity of such inspectors; the non-payment of fines handed down by labour inspectors by order of the hierarchical authority; the persistence of industrial accidents in the construction sector; and the need for political will and for increased ILO technical assistance to improve inspection services. The Committee requests that the Government communicate its comments in this regard.

Articles 6, 7 and 15(a) of the Convention. The need to improve conditions of service of labour inspectors to ensure compliance with deontological principles; conditions for the recruitment and adequate training of labour inspectors. The Committee notes that, in its 2012 comments, FENASEP alleges that the situation relating to the dismissal of inspectors on the basis of political clientelism which it pointed out in 2011 has not changed and that none of the inspectors who had been dismissed, including the official who benefited from trade union immunity in his capacity as General Secretary of the Association of Employees of the Ministry of Labour (ASEMITRABS), had not been reinstated. It also emphasized the fall in the number of labour inspectors (of the 128 inspectors assigned by the previous Government, only 86 were appointed in 2012) and the fact that they were insufficient to monitor enterprises throughout the country. It also alleges that the wages of inspectors, which has been the same for the last five years, are insufficient and allow for corruption; that there is no basic training for employment, no regular skills refresher courses, no regular evaluation, and no skills accreditation. Many inspectors resign once they have acquired sufficient skills for the performance of their duties and are recruited in the private sector.

The Committee notes the Government’s indication that, although it is properly registered, ASEMITRABS does not operate, but has been used by various former officials of the Ministry to benefit from so-called trade union immunity. Orders for reinstatements of inspectors who have been dismissed are issued by the judicial body but no judicial order has been received for the reinstatement of former officials for reasons of trade union immunity. According to the Government, the FENASEP statement regarding the fall in the number of inspectors is unfounded. It emphasizes that 125 inspectors were appointed in 2010, 128 in 2011, and 114 in 2012 (the table included in the Government’s report shows 111 inspectors and 95 safety officers in 2013). It adds that the 2012 budget provided for a rise in inspectors’ salaries to 1,000 Panamanian balboas (PAB) and in safety officers’ salaries, which was fixed at PAB1,200. These increases, however, had not been applied owing to budgetary cuts but a rise had once again been envisaged for 2013. The Government also maintains that from 2009 ongoing training has been provided for labour inspectors (it has provided tables on the training activities in which labour inspectors and safety officers participated between 2010 and 2013) and clarifies that any public official working in the Ministry is free to change employment whenever they deem it appropriate.

In its reply to the Committee’s previous comments, relating to the grounds for the removal of 70 per cent of civil servants whom it was considered did not meet performance expectations, the Government states that they: (i) did not meet the academic requirements (to hold a higher education certificate (bachiller) in science, humanities or business); (ii) did not have one year of professional experience in the basic labour inspection functions; and (iii) had not attended courses or seminars on the application of labour law. In relation to the grounds for the removal of 5 per cent of civil servants for breach of internal rules or misconduct, the Government states that those grounds were: (i) non-fulfilment of the main functions of the post (preparation of reports, inspections); (ii) failure to comply with work hours and ongoing unjustified absences; (iii) requests for and acceptance of bribes; and (iv) failure to comply with orders given or programmes established by hierarchical authorities. All such offences are contained, according to the Government, in the internal rules of the Ministry of Labour and Employment Development, Act No. 9 of 20 July 1994 which establishes and regulates administrative careers and its applicable text, Executive Decree No. 222 of 12 September 1997, which establishes and regulates the General Directorate of Administrative Careers. The appeal lodged against the decision gave rise to a disciplinary investigation, at the end of which the decision to remove the public servant from their post was upheld. The Government also states that the main grounds for resignation are to gain a more senior post with a better salary, and personal reasons.

Regarding measures taken or envisaged to retain qualified and experienced staff and in particular to safeguard the independence of labour inspectors necessary for the discharge of their functions, the Government refers to performance assessments, which enable evaluation of inspectors’ participation and cooperation, so that motivational and skills-building training may be carried out a posteriori, as well as to the enhancement of their discipline and commitment, which help inspectors to gain promotion to coordinator positions.

The Committee also notes that the Code of Conduct with which inspectors must comply is contained in Executive Decree No. 246 of 15 December 2004, which enacts the Uniform Code of Conduct for public servants working in central government bodies, non-compliance with which may result, in accordance with the seriousness of the offence, in a verbal or written warning, suspension, or removal from the post, in accordance with the corresponding administrative procedure.

The Government states that the recruitment of labour inspectors takes place by means of interviews carried out by qualified staff who are responsible for ensuring that the minimum requirements for the fulfilment of the post are met. It also states that the manual on inspection procedures drawn up by the National Directorate of the Labour Inspectorate is being updated, given the structural changes to the Directorate.

The Committee requests the Government to provide a copy of the text setting out the conditions for the recruitment of labour inspectors. The Committee also requests the Government to provide information on the measures adopted to ensure that inspectors are recruited solely on the basis of the candidate’s suitability for the discharge of the functions of inspection, and on the measures taken or envisaged to retain qualified and experienced staff (improvements in career prospects and levels of remuneration in relation to other comparable civil servant categories) and, in particular, those to safeguard the necessary independence of labour inspectors for the discharge of their functions. The Committee also hopes that the Government will continue to report on training given to inspectors for the performance of their functions (indicating the type of activity, duration, subject, number of inspectors participating and the body responsible for the training).

Articles 3(1)(a) and (b), and 13. Prevention relating to safety and health in the construction sector. The FENASEP alleges that although the boom in the construction industry contributes to the strengthening of legal protection mechanisms in this sector, labour inspection activity in the sector is lagging behind. The Government states that safety officers are responsible for supervising and ensuring that, at the site designated to them, safety and health measures are applied, and that there are currently 95 safety officers at the national level. The Committee requests the Government to report on any measures adopted with a view to strengthening the conditions of safety and health in the construction sector, in particular by means of monitoring activities and technical information and advice on inspection.

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

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

Articles 3, 5(a), 10 and 16 of the Convention. Geographical distribution of labour inspection staff and the exercise of their duties. In its previous comments, the Committee requested the Government to take measures in cooperation with other bodies or institutions to collect data on the number, nature, size and geographical location of workplaces liable to inspection and make them available to the labour inspectorate. It notes the Government’s indication that it would examine the feasibility of such a register. The Committee requests the Government to send information on any progress made in this respect.

In its previous comments, the Committee noted the Government’s statement that of the 136 inspectors in active service, 80 were assigned to the central office in Panama City, the others being divided among 12 regional directorates. The Committee notes nonetheless that, according to the information contained in the 2011 inspection report, the inspection services had a total of 110 labour inspectors that same year. The Committee would be grateful if the Government could specify the number of labour inspectors at present in service.

In its previous comments, the Committee also noted that the dissemination component of the “Cumple y gana” project for the reinforcement of labour rights in Central America included the design, production and dissemination to enterprises of a “self-evaluation form” relating to labour rights and obligations. Noting that no information has been sent on this matter, the Committee asks the Government once again to give details on the impact of the use of the “self-evaluation form” on the number, duration, frequency and effectiveness of the inspection visits.

Articles 3(1)(a), 17 and 18. Targeted inspections: migrant labour and mining. Referring to its previous comments, the Committee notes the Government’s indication that the inspection of migrant labour is based on Chapter 1, section 17 of the Labour Code, concerning the labour protection of nationals, which sets out to ascertain that foreign workers have a work permit duly issued by the Ministry of Labour and Employment Development (MITRADEL). As a result of the expansion of foreign enterprises in the country and the rise in the recruitment of foreign labour, there has been an increase in these visits, as well as in the staff assigned to them. The Government also points out that provision provides penalties for enterprises recruiting foreigners without a work permit and that it keeps a close watch to ensure that they respect the right of workers recruited in this way. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspection activities based on section 17 of the Labour Code do not interfere with their primary duties to secure enforcement of legal provisions relating to conditions of work and the protection of workers, and asks it to describe the role played by the labour inspectorate and the judicial authorities to guarantee that employers respect their obligations towards foreigners discovered to be working in an irregular status, such as the payment of their wages and any other benefits due for the work carried out in the context of their employment relationship.

As regards the concern expressed by the Committee in its previous comments that there had been no inspections in the mining and quarrying sector, the Government states that the Ministry will examine this matter with a view to taking appropriate measures to protect the life, health and safety of workers employed in this sector. The Committee notes, in the inspection reports annexed to the Government’s report, that out of a total of 22,501 inspection visits carried out in 2009, 18,524 in 2010 and 13,286 in the first half of 2011, there had been 12, 10 and 11 visits, respectively, in the mining and quarrying sector during these same years. The Committee urges the Government to indicate the measures taken or envisaged to ensure a strong labour inspection presence in relation to workplaces and activities containing a high degree of risk, including mining and quarrying, and to send relevant statistics with its next report.

Articles 5(a), 13 and 14. Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. The Committee requests the Government once again to send information on the impact of the Regulations on safety, health and hygiene in the construction industry, especially sections 7 and 8 defining the role of the labour inspectorate in this sector, as well as on the impact of the creation of the post of occupational health delegate in the construction sector from the standpoint of: (i) developments in the incidence of industrial accidents and occupational diseases in the sector; and (ii) the planning of inspection activities and the results attained with respect to their objective of preventing hazards.

The Committee notes moreover that only the Social Security Fund has information concerning industrial accidents and occupational diseases. It also notes that the Government has expressed its interest, as it already did in its 2009 report, in receiving technical assistance from the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease, with the participation of all institutions involved in these matters, in order to facilitate the establishment of an information network. The Committee therefore requests the Government to see to it that measures, both in law and practice, are rapidly and effectively taken to ensure that labour inspectors are informed of industrial accidents and cases of occupational disease occurring in the industrial and commercial workplaces under their supervision. It would be grateful if the Government could provide information on any steps taken to attain the requisite ILO assistance and on the outcome.

Article 11. Strengthening the resources and transport facilities of the labour inspectorate. The Committee notes the contributions of the “Cumple y gana” project (which lasted from 2003 to 2007), especially concerning the strengthening of the information system of the National Directorate of the Labour Inspectorate; the setting up of a computerized information system for registering data on inspection visits; and the assignment of a vehicle to each regional office. The Committee asks the Government to provide details on the geographical distribution (by regional office) of the means and transport facilities made available to labour inspectors for the exercise of their duties.

Labour inspection and child labour. The Committee notes the Government’s commitment, in the context of the World Conference on Child Labour in 2010, to double its efforts to implement planned and coordinated actions, in accordance with Objective 13 of the “Decent Work in the Americas: An agenda for the Hemisphere”, which aims to eliminate the worst forms of child labour by 2015 and eliminate child labour completely by 2020. The Committee notes moreover that the Department for Child Labour under MITRADEL became, in 2010, the Directorate to Combat Child Labour and Protect Adolescent Workers (DIRETIPPAT), one of the functions of which is to monitor labour inspection visits to verify that underage workers have a work permit and know their rights and duties. According to the Government, labour inspectors attend at least one continuous training programme on child labour dispensed each year by the Department of Training and Awareness Raising of the DIRETIPPAT. It states that 1,020 inspection visits concerning child labour were carried out at the national level by the National Directorate of the Labour Inspectorate in 2010, and that 2,534 inspection visits in this area were carried out jointly by the Directorate and DIRETIPPAT up to 29 December 2011. The Government also points out that fines were imposed for violations of the legislation and for recruiting minors in banned or hazardous activities. The Committee notes however that, according to the table in the annual inspection report, only five penalties were requested in 2011 and none in 2010. The Committee would be grateful if the Government could provide details on the findings of inspection visits concerning child labour (offences reported, provision of information and technical advice, observations, issuing of formal notices, prosecutions, penalties applied), in the light of the reduced number of penalties demanded according to the inspection report.

Articles 19, 20 and 21. Periodic reports and annual inspection report. The Committee notes the activity reports of the National Directorate of the Labour Inspectorate for 2009, 2010 and 2011. It notes once again that these reports do not contain any statistics on the offences committed, penalties imposed or occupational diseases, and that statistics on industrial accidents only relate to Panama City. The Committee requests the Government to send a copy of the periodical reports of the local inspection offices provided for under Article 19 of the Convention. The Committee also reminds the Government that it might avail itself of technical assistance from the Office with a view to drafting an annual report in the form prescribed under Article 20 and containing information required by Article 21(a)–(g).

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

The Committee notes the new comments made by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) in a communication dated 24 August 2012. The Committee notes that these comments mainly concern the issues that were the subject of its previous observation. They also refer to the drop in the number of labour inspectors and the low pay they receive.

Noting that the Government has not replied to its previous observation, the Committee is bound to repeat it as follows:

The Committee notes the comments made by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) on the application of the Convention, dated 25 August 2011, as well as the Government’s reply dated 8 November 2011.

Articles 3(1), 6, 7, 10, 15(a), 16, 17 and 18 of the Convention. Comments of trade union organizations. According to the FENASEP, labour inspectors do not enjoy the stability or independence, which they should be assured of under the Convention in accordance with Article 6 of the Convention, as they are employees which are subject to free appointment and removal from office. The trade union indicates that, in view of their status, the Labour Ministry has dismissed more than 90 per cent of the labour inspectors appointed by the previous Government without providing any reasons, while the previous Government had in turn dismissed the labour inspectors appointed by the former Government. The FENASEP also alleges that the new labour inspectors were appointed on the basis of political affiliation and not for their competency or merit and that they do not have the required knowledge for the performance of their duties, but that they nevertheless receive higher wages than their predecessors. Furthermore, according to the FENASEP, labour inspectors do not receive adequate training and, although their number has been recently increased, they are not sufficient, in view of the number of complaints received and the number of enterprises registered. The trade union also reports the absence of manuals on inspection procedures and protocols and alleges that labour inspectors engage in practices that are not in line with ethical standards. In addition, the FENASEP indicates that higher authorities in the Ministry have the discretion to decide in each case on who will be inspected, warned or punished.

The Government, in reply to these allegations, indicates that the 134 inspectors currently working at the Ministry of Labour and Employment Development (MITRADEL) are all civil servants and that 25 per cent of them were appointed under past administrations. The grounds for termination of the staff is that 70 per cent of them did not meet expectations set for the performance of their functions, 5 per cent were dismissed for breach of internal rules or misconduct, whereas 20 per cent resigned and 5 per cent left office without justification. The Government adds that the selection of inspectors is carried out in conformity with the requirements prescribed in the handbook of procedures of the Ministry, denies that the new inspectors have higher wages than the previous ones and explains that the new appointments were made to fill vacant posts with the same wages. It also states that the Institutional Human Resources Office and the National Directorate of the Labour Inspectorate have carried out jointly national training days for their staff on topics such as drawing up of technical reports, the discharge of their duties, the organization of the public sector, alternative means of conflict resolution, reports intended for inspectors and security officers, among others. In addition, the National Directorate of the Labour Inspectorate received technical assistance from specialists of the Spanish Labour Ministry with the support of the Programme for the Strengthening of Labour Institutions (FOIL) and the Spanish Cooperation Agency. According to the Government, the National Directorate of the Labour Inspectorate developed, in coordination with the Institutional Planning Office of the MITRADEL, a handbook on procedures, which describes the functions of the departments of the labour inspection services and the different steps to be followed for routine and scheduled inspections. In addition, labour inspectors, prior to taking up their functions, receive training on questions relating to ethical conduct in the public sector and the sanctions applicable for serious misconduct.

The Committee recalls that, in conformity with Article 6 of the Convention, the inspection staff shall be composed of civil servants whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. It draws the Government’s attention to paragraphs 202 to 204 of its 2006 General Survey on labour inspection, where it emphasized that labour inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations and that it is vital that the levels of remuneration and career prospects of inspectors are such that high-quality staff are attracted, retained and protected from any improper influence. It has emphasized, that as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretations. Therefore, a decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal.

The Committee further draws the Government’s attention to the fact that, in conformity with the requirements of Article 7 of the Convention, labour inspectors should be recruited with sole regard to their qualifications and should be adequately trained for the performance of their duties and that Article 15(a) of the Convention provides that labour inspectors are prohibited from having any direct or indirect interest in the enterprises under their supervision.

The Committee therefore requests the Government to provide clarifications on the reasons for the removal of 70 per cent of the civil servants, who were considered not to meet the performance expectations, and those 5 per cent, who were dismissed for breach of internal rules or misconduct, and to indicate the relevant legal provisions, whether any appeals have been lodged in this framework and their outcome.

The Committee would also be grateful if the Government would provide clarifications on the possible reasons for the resignation or departure of 25 per cent of labour inspection staff as well as on the measures taken or envisaged to retain qualified and experienced staff, (improvement of career prospects and their wage scales, notably in relation to other comparable categories of public officials) and on the safeguards of independence of labour inspectors.

The Committee also requests the Government to transmit the Code of conduct to be observed by inspectors in the discharge of their functions and the texts applicable in the event of non-compliance with this Code, and to indicate the relevant sanctions.

The Committee would also be grateful if the Government would provide information on the conditions and procedures for the recruitment of labour inspectors as well as the measures taken or envisaged in order to ensure that they are adequately trained on a regular basis, both when they enter the service as well as in the course of their employment, to enable them to perform their duties effectively (Article 7).

The Committee further requests the Government to communicate the text of the handbook on procedures developed by the National Directorate of the Labour Inspectorate in coordination with the Institutional Planning Office of the MITRADEL as well as to provide data on inspections (routine inspections and inspections as a result of a complaint, frequency of inspections performed in the same undertaking, scope of inspections), the violations detected by inspectors (and the legal provisions to which they relate) and the sanctions imposed, as well as the number of workplaces liable to inspection and the number of workers employed therein.

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 future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee refers the Government to its observation under this Convention and repeats its previous direct request, which reads as follows:

Repetition

Articles 3, 5(a), 10 and 16. Geographical distribution of labour inspection staff and the exercise of their duties. With reference to its previous comments, the Committee notes that, of the 136 inspectors in active service, 80 are assigned to the central office in Panama City, the others being divided among 12 regional directorates, but that there are no data on the geographical distribution of workplaces liable to inspection, the most recent information relating to their sectoral distribution dating from 1999. The Committee emphasizes that it is impossible to gain a clear picture of whether human resources match inspection needs in view of the lack of up to date statistics on the number, nature, size and geographical location of workplaces liable to inspection and also on the number and diversity of categories of workers employed in these establishments. The Committee therefore requests the Government to take measures to ensure that in future such data can be collected, made available to the labour inspectorate, particularly with the cooperation of other public or private bodies or institutions holding them, and included in the annual inspection report.

The Committee notes that the dissemination component of the “Cumple y gana” project for the reinforcement of labour rights in Central America includes the design, production and dissemination to enterprises of a “self-evaluation form” relating to labour rights and obligations. According to the Government, this form is a new and effective means of making employers aware of workers’ rights and shedding light on the application of labour legislation in a participatory manner. It is a simple tool which enables employers to check the degree to which important provisions of national legislation are enforced within their enterprises. It is also useful for labour inspectors but in no way relieves them of the need to undertake inspection visits. The Committee requests the Government to supply information on the impact of the use of the “self-evaluation form” by enterprises on the number, duration and effectiveness of inspection visits and also information on labour inspectors’ assessment of the veracity and relevance of information entered in this document by employers.

Articles 3(1)(a), 17 and 18. Targeted inspections: Migrant labour and mining. The Committee notes that the tables of statistics communicated by the Government and those contained in the annual report of the National Labour Inspectorate for the period September 2005–August 2006 contain a section relating to migrant labour. In Panama City, the number of inspectors dealing with this area increased from three in 2002 to five in 2006 and the number of inspections rose from 609 to 1,425. The Committee would be grateful if the Government would provide further details of the precise purpose of these targeted inspections, the procedures governing them, the reason for their increase and also their results in relation to the protection of the rights of migrant workers while engaged in their work.

However, the Committee notes with concern that, according to the annual report for 2005–06, no inspections have taken place in the mining and quarrying sector. It draws the Government’s attention to Article 16 of the Convention in relation to the frequency and quality of inspections that are necessary to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It also emphasizes the particular importance of ensuring a stronger labour inspection presence in relation to workplaces and activities entailing a high degree of risk, such as mining and quarrying. The Government is urged to take steps to ensure that mines and quarries will be the subject of close inspection as regards conditions of work in general and conditions of occupational safety and health in particular, and that relevant statistics will be communicated in the Government’s next report.

Articles 5(a), 13 and 14. Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. The Committee notes the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). It also notes with interest the adoption of the Regulations on safety, health and hygiene in the construction industry, sections 7 and 8 of which define the preventive aspects of the role and duties of the labour inspectorate, and also the creation of a post of occupational health delegate in the construction industry by Executive Decree No. 15 of 3 July 2007. The duties of this official include informing the National Labour Inspectorate of the Ministry of Labour of any deficiency or anomaly which might entail risks to health and safety; ordering the partial or temporary suspension of work entailing such risks until those risks have been eliminated; submitting such a suspension order to the labour inspectorate for approval and submitting a monthly report concerning industrial accidents and diagnosed cases of occupational disease. The Committee would be grateful if the Government would provide information on the practical application of both these texts, their impact on improving the planning of labour inspection activities in the construction sector and the results achieved in terms of the stated objective of risk prevention.

According to the Government, the Inter-Institutional Technical Committee on Occupational Health, Hygiene and Safety is contemplating measures, in the context of the modernization of state institutions, including the Ministry of Labour, guaranteeing labour inspectors access to information so that the labour inspectorate can fulfil its preventive task. The Committee notes with interest that, according to section 3(5) and (6) of Executive Decree No. 31, it is the task of the abovementioned Committee to establish: (i) means of cooperation and coordination between the various state bodies responsible for occupational safety and health matters; (ii) an information system for drawing up technical standards; (iii) a system of inspection in the area of safety and health and a system of statistics relating to safety and health. The Committee also notes that it is planned to ask the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease for all institutions involved in these matters in order to facilitate the establishment of an information network. The Committee requests the Government to provide information on the legal and practical measures taken to ensure that labour inspectors are informed of industrial accidents and cases of occupational disease occurring in the industrial and commercial workplaces under their supervision. The Committee expresses the firm hope that the Government will take the necessary steps to obtain the requisite ILO assistance and requests it to provide information on any development regarding the implementation of the planned measures to improve occupational safety and health.

Article 11. Strengthening the resources and transport facilities of the labour inspectorate. The Committee notes that, as part of the implementation of the “Cumple y gana” project, a computerized information system relating to labour inspection has been established in the offices in Panama City and the extension thereof to provincial departments and regional offices started recently. The Government also indicates that a massive information campaign on workers’ rights has been conducted with the distribution of leaflets, radio programmes, and the creation of a website on labour legislation; conciliation and mediation mechanisms have been strengthened within the Ministry; and labour inspectors have been provided with computers, printers and communication equipment and also with training in the use of the equipment. The Government also indicates that the National Labour Inspectorate has been provided with mopeds and 11 vehicles for the inspectors’ exclusive use, thereby facilitating, according to the Government, their access to urban and rural areas. The Committee would be grateful if the Government would supply information on all developments in the implementation of the “Cumple y gana” project and on progress made in terms of the objective of the Convention and in particular on the geographical distribution of resources and transport facilities for inspectors for travel in the performance of their duties.

Labour inspection and child labour. The Committee notes the plan for 2007 in connection with the implementation of the National Plan 2007–11 for the elimination of child labour and the protection of young workers. With regard to labour inspection, it notes that the number of inspection visits decreased considerably, from 317 in 2004 to 122 in 2006. The Government reports on steps taken to obtain the necessary funds for the implementation of the country programme to combat the worst forms of child labour and hopes that, with the increase in the number of labour inspectors, the coverage and effectiveness of labour inspection in this area can increase. The Committee requests the Government to provide information on all progress made in the implementation of the abovementioned programme and plan relating to labour inspection activities. It would also be grateful if the Government would continue to supply statistics of inspection visits relating to child labour, disaggregated as far as possible by region or province, and also on offences reported and penalties imposed and enforced.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Labour Inspectorate for the September 2005–August 2006 period. The Committee notes that it does not contain any statistics on penalties imposed, and that statistics on industrial accidents and cases of occupational disease relate only to Panama City. The Committee hopes that the Government will take steps, in relation to the “Cumple y gana” project for the reinforcement of labour rights in Central America, to ensure that the central inspection authority publishes and communicates to the ILO an annual general report on the work of the inspection services under its control, in the form and according to the deadlines prescribed by Article 20 and containing the information required by Article 21(a)–(g).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received and that the Government has not provided any response in reply to its Direct Requests of 2008 and 2009.

The Committee notes the comments made by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP) on the application of the Convention, dated 25 August 2011, as well as the Government’s reply dated 8 November 2011.

Articles 3(1), 6, 7, 10, 15(a), 16, 17 and 18 of the Convention. Comments of trade union organizations. According to the FENASEP, labour inspectors do not enjoy the stability or independence, which they should be assured of under the Convention in accordance with Article 6 of the Convention, as they are employees which are subject to free appointment and removal from office. The trade union indicates that, in view of their status, the Labour Ministry has dismissed more than 90 per cent of the labour inspectors appointed by the previous Government without providing any reasons, while the previous Government had in turn dismissed the labour inspectors appointed by the former Government. The FENASEP also alleges that the new labour inspectors were appointed on the basis of political affiliation and not for their competency or merit and that they do not have the required knowledge for the performance of their duties, but that they nevertheless receive higher wages than their predecessors. Furthermore, according to the FENASEP, labour inspectors do not receive adequate training and, although their number has been recently increased, they are not sufficient, in view of the number of complaints received and the number of enterprises registered. The trade union also reports the absence of manuals on inspection procedures and protocols and alleges that labour inspectors engage in practices that are not in line with ethical standards. In addition, the FENASEP indicates that higher authorities in the Ministry have the discretion to decide in each case on who will be inspected, warned or punished.

The Government, in reply to these allegations, indicates that the 134 inspectors currently working at the Ministry of Labour and Employment Development (MITRADEL) are all civil servants and that 25 per cent of them were appointed under past administrations. The grounds for termination of the staff is that 70 per cent of them did not meet expectations set for the performance of their functions, 5 per cent were dismissed for breach of internal rules or misconduct, whereas 20 per cent resigned and 5 per cent left office without justification. The Government adds that the selection of inspectors is carried out in conformity with the requirements prescribed in the handbook of procedures of the Ministry, denies that the new inspectors have higher wages than the previous ones and explains that the new appointments were made to fill vacant posts with the same wages. It also states that the Institutional Human Resources Office and the National Directorate of the Labour Inspectorate have carried out jointly national training days for their staff on topics such as drawing up of technical reports, the discharge of their duties, the organization of the public sector, alternative means of conflict resolution, reports intended for inspectors and security officers, among others. In addition, the National Directorate of the Labour Inspectorate, received technical assistance from specialists of the Spanish Labour Ministry with the support of the Programme for the Strengthening of Labour Institutions (FOIL) and the Spanish Cooperation Agency. According to the Government, the National Directorate of the Labour Inspectorate developed, in coordination with the Institutional Planning Office of the MITRADEL, a handbook on procedures, which describes the functions of the departments of the labour inspection services and the different steps to be followed for routine and scheduled inspections. In addition, labour inspectors, prior to taking up their functions, receive training on questions relating to ethical conduct in the public sector and the sanctions applicable for serious misconduct.

The Committee recalls that, in conformity with Article 6 of the Convention, the inspection staff shall be composed of civil servants whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. It draws the Government’s attention to paragraphs 202 to 204 of its 2006 General Survey on labour inspection, where it emphasized that labour inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations and that it is vital that the levels of remuneration and career prospects of inspectors are such that high quality staff are attracted, retained and protected from any improper influence. It has emphasized, that as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretations. Therefore, a decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal.

The Committee further draws the Government’s attention to the fact that, in conformity with the requirements of Article 7 of the Convention, labour inspectors should be recruited with sole regard to their qualifications and should be adequately trained for the performance of their duties and that Article 15(a) of the Convention provides that labour inspectors are prohibited from having any direct or indirect interest in the enterprises under their supervision.

The Committee therefore requests the Government to provide clarifications on the reasons for the removal of 70 per cent of the civil servants, who were considered not to meet the performance expectations, and those 5 per cent, who were dismissed for breach of internal rules or misconduct, and to indicate the relevant legal provisions, whether any appeals have been lodged in this framework and their outcome.

The Committee would also be grateful if the Government would provide clarifications on the possible reasons for the resignation or departure of 25 per cent of labour inspection staff as well as on the measures taken or envisaged to retain qualified and experienced staff, (improvement of career prospects and their wage scales, notably in relation to other comparable categories of public officials) and on the safeguards of independence of labour inspectors.

The Committee also requests the Government to transmit the Code of conduct to be observed by inspectors in the discharge of their functions and the texts applicable in the event of non-compliance with this Code, and to indicate the relevant sanctions.

The Committee would also be grateful if the Government would provide information on the conditions and procedures for the recruitment of labour inspectors as well as the measures taken or envisaged in order to ensure that they are adequately trained on a regular basis, both when they enter the service as well as in the course of their employment, to enable them to perform their duties effectively (Article 7).

The Committee further requests the Government to communicate the text of the handbook on procedures developed by the National Directorate of the Labour Inspectorate in coordination with the Institutional Planning Office of the MITRADEL as well as to provide data on inspections (routine inspections and inspections as a result of a complaint, frequency of inspections performed in the same undertaking, scope of inspections), the violations detected by inspectors (and the legal provisions to which they relate) and the sanctions imposed, as well as the number of workplaces liable to inspection and the number of workers employed therein.

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

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows.

Article 6 of the Convention. Status of labour inspectors. According to the Government, the majority of inspectors in the National Labour Inspectorate have been appointed on a permanent basis. Out of a total of 136 inspectors, 19 are fully integrated into the administrative career system, 45 will be admitted in the near future as a result of their evaluations, another 61 are in the process of being evaluated, one inspector has appealed against the decision excluding him from the administrative career system, another has been appointed on a temporary basis and only nine inspectors are not eligible in terms of the required conditions. The Committee requests the Government to continue providing information on changes in the numbers of inspection staff and also on any measure taken or contemplated to increase the numbers of career inspectors. It would be grateful if the Government would also provide further details on the status of employees who have been carrying out inspection duties on a temporary basis for a number of years.

Articles 3, 5(a), 10 and 16. Geographical distribution of labour inspection staff and the exercise of their duties. With reference to its previous comments, the Committee notes that, of the 136 inspectors in active service, 80 are assigned to the central office in Panama City, the others being divided among 12 regional directorates, but that there are no data on the geographical distribution of workplaces liable to inspection, the most recent information relating to their sectoral distribution dating from 1999. The Committee emphasizes that it is impossible to gain a clear picture of whether human resources match inspection needs in view of the lack of up to date statistics on the number, nature, size and geographical location of workplaces liable to inspection and also on the number and diversity of categories of workers employed in these establishments. The Committee therefore requests the Government to take measures to ensure that in future such data can be collected, made available to the labour inspectorate, particularly with the cooperation of other public or private bodies or institutions holding them, and included in the annual inspection report.

The Committee notes that the dissemination component of the “Cumple y gana” project for the reinforcement of labour rights in Central America includes the design, production and dissemination to enterprises of a “self-evaluation form” relating to labour rights and obligations. According to the Government, this form is a new and effective means of making employers aware of workers’ rights and shedding light on the application of labour legislation in a participatory manner. It is a simple tool which enables employers to check the degree to which important provisions of national legislation are enforced within their enterprises. It is also useful for labour inspectors but in no way relieves them of the need to undertake inspection visits. The Committee requests the Government to supply information on the impact of the use of the “self-evaluation form” by enterprises on the number, duration and effectiveness of inspection visits and also information on labour inspectors’ assessment of the veracity and relevance of information entered in this document by employers.

Articles 3, paragraph 1(a), 17 and 18. Targeted inspections: Migrant labour and mining. The Committee notes that the tables of statistics communicated by the Government and those contained in the annual report of the National Labour Inspectorate for the period September 2005–August 2006 contain a section relating to migrant labour. In Panama City, the number of inspectors dealing with this area increased from three in 2002 to five in 2006 and the number of inspections rose from 609 to 1,425. The Committee would be grateful if the Government would provide further details of the precise purpose of these targeted inspections, the procedures governing them, the reason for their increase and also their results in relation to the protection of the rights of migrant workers while engaged in their work.

However, the Committee notes with concern that, according to the annual report for 2005–06, no inspections have taken place in the mining and quarrying sector. It draws the Government’s attention to Article 16 of the Convention in relation to the frequency and quality of inspections that are necessary to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It also emphasizes the particular importance of ensuring a stronger labour inspection presence in relation to workplaces and activities entailing a high degree of risk, such as mining and quarrying. The Government is urged to take steps to ensure that mines and quarries will be the subject of close inspection as regards conditions of work in general and conditions of occupational safety and health in particular, and that relevant statistics will be communicated in the Government’s next report.

Articles 5(a), 13 and 14. Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. The Committee notes the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). It also notes with interest the adoption of the Regulations on safety, health and hygiene in the construction industry, sections 7 and 8 of which define the preventive aspects of the role and duties of the labour inspectorate, and also the creation of a post of occupational health delegate in the construction industry by Executive Decree No. 15 of 3 July 2007. The duties of this official include informing the National Labour Inspectorate of the Ministry of Labour of any deficiency or anomaly which might entail risks to health and safety; ordering the partial or temporary suspension of work entailing such risks until those risks have been eliminated; submitting such a suspension order to the labour inspectorate for approval and submitting a monthly report concerning industrial accidents and diagnosed cases of occupational disease. The Committee would be grateful if the Government would provide information on the practical application of both these texts, their impact on improving the planning of labour inspection activities in the construction sector and the results achieved in terms of the stated objective of risk prevention.

According to the Government, the Inter-Institutional Technical Committee on Occupational Health, Hygiene and Safety is contemplating measures, in the context of the modernization of state institutions, including the Ministry of Labour, guaranteeing labour inspectors access to information so that the labour inspectorate can fulfil its preventive task. The Committee notes with interest that, according to section 3(5) and (6) of Executive Decree No. 31, it is the task of the abovementioned Committee to establish: (i) means of cooperation and coordination between the various state bodies responsible for occupational safety and health matters; (ii) an information system for drawing up technical standards; (iii) a system of inspection in the area of safety and health and a system of statistics relating to safety and health. The Committee also notes that it is planned to ask the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease for all institutions involved in these matters in order to facilitate the establishment of an information network. The Committee requests the Government to provide information on the legal and practical measures taken to ensure that labour inspectors are informed of industrial accidents and cases of occupational disease occurring in the industrial and commercial workplaces under their supervision. The Committee expresses the firm hope that the Government will take the necessary steps to obtain the requisite ILO assistance and requests it to provide information on any development regarding the implementation of the planned measures to improve occupational safety and health.

Article 11. Strengthening the resources and transport facilities of the labour inspectorate. The Committee notes with interest that, as part of the implementation of the “Cumple y gana” project, a computerized information system relating to labour inspection has been established in the offices in Panama City and the extension thereof to provincial departments and regional offices started recently. The Government also indicates that a massive information campaign on workers’ rights has been conducted with the distribution of leaflets, radio programmes, and the creation of a website on labour legislation; conciliation and mediation mechanisms have been strengthened within the Ministry; and labour inspectors have been provided with computers, printers and communication equipment and also with training in the use of the equipment. The Government also indicates that the National Labour Inspectorate has been provided with mopeds and 11 vehicles for the inspectors’ exclusive use, thereby facilitating, according to the Government, their access to urban and rural areas. The Committee would be grateful if the Government would supply information on all developments in the implementation of the “Cumple y gana” project and on progress made in terms of the objective of the Convention and in particular on the geographical distribution of resources and transport facilities for inspectors for travel in the performance of their duties.

Labour inspection and child labour. The Committee notes the plan for 2007 in connection with the implementation of the National Plan 2007–11 for the elimination of child labour and the protection of young workers. With regard to labour inspection, it notes that the number of inspection visits decreased considerably, from 317 in 2004 to 122 in 2006. The Government reports on steps taken to obtain the necessary funds for the implementation of the country programme to combat the worst forms of child labour and hopes that, with the increase in the number of labour inspectors, the coverage and effectiveness of labour inspection in this area can increase. The Committee requests the Government to provide information on all progress made in the implementation of the abovementioned programme and plan relating to labour inspection activities. It would also be grateful if the Government would continue to supply statistics of inspection visits relating to child labour, disaggregated as far as possible by region or province, and also on offences reported and penalties imposed and enforced.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Labour Inspectorate for the September 2005–August 2006 period. The Committee notes that it does not contain any statistics on penalties imposed, and that statistics on industrial accidents and cases of occupational disease relate only to Panama City. The Committee hopes that the Government will take steps, in relation to the “Cumple y gana” project for the reinforcement of labour rights in Central America, to ensure that the central inspection authority publishes and communicates to the ILO an annual general report on the work of the inspection services under its control, in the form and according to the deadlines prescribed by Article 20 and containing the information required by Article 21(a)–(g).

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

The Committee notes the information supplied by the Government in reply to its previous comments and also the annual report of the National Labour Inspectorate for September 2005–August 2006 and the attached tables of statistics. It also notes Act No. 24 of 2 July 2007 amending Act No. 9 of 1994, which establishes and regulates the administrative career system; Executive Decree No. 2 of 15 February 2008 issuing regulations on safety, health and hygiene in construction; Executive Decree No. 15 of 3 July 2007 on urgent measures to reduce occupational accidents in the construction industry; and Executive Decree No. 31 of 12 May 2008 amending Executive Decree No. 21 of 2 April 1997 establishing the Inter-Institutional Technical Committee on Occupational Health, Hygiene and Safety.

Article 6 of the Convention. Status of labour inspectors. According to the Government, the majority of inspectors in the National Labour Inspectorate have been appointed on a permanent basis. Out of a total of 136 inspectors, 19 are fully integrated into the administrative career system, 45 will be admitted in the near future as a result of their evaluations, another 61 are in the process of being evaluated, one inspector has appealed against the decision excluding him from the administrative career system, another has been appointed on a temporary basis and only nine inspectors are not eligible in terms of the required conditions. The Committee requests the Government to continue providing information on changes in the numbers of inspection staff and also on any measure taken or contemplated to increase the numbers of career inspectors. It would be grateful if the Government would also provide further details on the status of employees who have been carrying out inspection duties on a temporary basis for a number of years.

Articles 3, 5(a), 10 and 16. Geographical distribution of labour inspection staff and the exercise of their duties. With reference to its previous comments, the Committee notes that, of the 136 inspectors in active service, 80 are assigned to the central office in Panama City, the others being divided among 12 regional directorates, but that there are no data on the geographical distribution of workplaces liable to inspection, the most recent information relating to their sectoral distribution dating from 1999. The Committee emphasizes that it is impossible to gain a clear picture of whether human resources match inspection needs in view of the lack of up to date statistics on the number, nature, size and geographical location of workplaces liable to inspection and also on the number and diversity of categories of workers employed in these establishments. The Committee therefore requests the Government to take measures to ensure that in future such data can be collected, made available to the labour inspectorate, particularly with the cooperation of other public or private bodies or institutions holding them, and included in the annual inspection report.

The Committee notes that the dissemination component of the “Cumple y gana” project for the reinforcement of labour rights in Central America includes the design, production and dissemination to enterprises of a “self-evaluation form” relating to labour rights and obligations. According to the Government, this form is a new and effective means of making employers aware of workers’ rights and shedding light on the application of labour legislation in a participatory manner. It is a simple tool which enables employers to check the degree to which important provisions of national legislation are enforced within their enterprises. It is also useful for labour inspectors but in no way relieves them of the need to undertake inspection visits. The Committee requests the Government to supply information on the impact of the use of the “self-evaluation form” by enterprises on the number, duration and effectiveness of inspection visits and also information on labour inspectors’ assessment of the veracity and relevance of information entered in this document by employers.

Articles 3, paragraph 1(a), 17 and 18. Targeted inspections: Migrant labour and mining. The Committee notes that the tables of statistics communicated by the Government and those contained in the annual report of the National Labour Inspectorate for the period September 2005–August 2006 contain a section relating to migrant labour. In Panama City, the number of inspectors dealing with this area increased from three in 2002 to five in 2006 and the number of inspections rose from 609 to 1,425. The Committee would be grateful if the Government would provide further details of the precise purpose of these targeted inspections, the procedures governing them, the reason for their increase and also their results in relation to the protection of the rights of migrant workers while engaged in their work.

However, the Committee notes with concern that, according to the annual report for 2005–06, no inspections have taken place in the mining and quarrying sector. It draws the Government’s attention to Article 16 of the Convention in relation to the frequency and quality of inspections that are necessary to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It also emphasizes the particular importance of ensuring a stronger labour inspection presence in relation to workplaces and activities entailing a high degree of risk, such as mining and quarrying. The Government is urged to take steps to ensure that mines and quarries will be the subject of close inspection as regards conditions of work in general and conditions of occupational safety and health in particular, and that relevant statistics will be communicated in the Government’s next report.

Articles 5(a), 13 and 14. Prevention in relation to safety and health; notification of industrial accidents and cases of occupational disease. The Committee notes the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). It also notes with interest the adoption of the Regulations on safety, health and hygiene in the construction industry, sections 7 and 8 of which define the preventive aspects of the role and duties of the labour inspectorate, and also the creation of a post of occupational health delegate in the construction industry by Executive Decree No. 15 of 3 July 2007. The duties of this official include informing the National Labour Inspectorate of the Ministry of Labour of any deficiency or anomaly which might entail risks to health and safety; ordering the partial or temporary suspension of work entailing such risks until those risks have been eliminated; submitting such a suspension order to the labour inspectorate for approval and submitting a monthly report concerning industrial accidents and diagnosed cases of occupational disease. The Committee would be grateful if the Government would provide information on the practical application of both these texts, their impact on improving the planning of labour inspection activities in the construction sector and the results achieved in terms of the stated objective of risk prevention.

According to the Government, the Inter-Institutional Technical Committee on Occupational Health, Hygiene and Safety is contemplating measures, in the context of the modernization of state institutions, including the Ministry of Labour, guaranteeing labour inspectors access to information so that the labour inspectorate can fulfil its preventive task. The Committee notes with interest that, according to section 3(5) and (6) of Executive Decree No. 31, it is the task of the abovementioned Committee to establish: (i) means of cooperation and coordination between the various state bodies responsible for occupational safety and health matters; (ii) an information system for drawing up technical standards; (iii) a system of inspection in the area of safety and health and a system of statistics relating to safety and health. The Committee also notes that it is planned to ask the ILO to organize a workshop on the registration and notification of industrial accidents and cases of occupational disease for all institutions involved in these matters in order to facilitate the establishment of an information network. The Committee requests the Government to provide information on the legal and practical measures taken to ensure that labour inspectors are informed of industrial accidents and cases of occupational disease occurring in the industrial and commercial workplaces under their supervision. The Committee expresses the firm hope that the Government will take the necessary steps to obtain the requisite ILO assistance and requests it to provide information on any development regarding the implementation of the planned measures to improve occupational safety and health.

Article 11. Strengthening the resources and transport facilities of the labour inspectorate. The Committee notes with interest that, as part of the implementation of the “Cumple y gana” project, a computerized information system relating to labour inspection has been established in the offices in Panama City and the extension thereof to provincial departments and regional offices started recently. The Government also indicates that a massive information campaign on workers’ rights has been conducted with the distribution of leaflets, radio programmes, and the creation of a website on labour legislation; conciliation and mediation mechanisms have been strengthened within the Ministry; and labour inspectors have been provided with computers, printers and communication equipment and also with training in the use of the equipment. The Government also indicates that the National Labour Inspectorate has been provided with mopeds and 11 vehicles for the inspectors’ exclusive use, thereby facilitating, according to the Government, their access to urban and rural areas. The Committee would be grateful if the Government would supply information on all developments in the implementation of the “Cumple y gana” project and on progress made in terms of the objective of the Convention and in particular on the geographical distribution of resources and transport facilities for inspectors for travel in the performance of their duties.

Labour inspection and child labour. The Committee notes the plan for 2007 in connection with the implementation of the National Plan 2007–11 for the elimination of child labour and the protection of young workers. With regard to labour inspection, it notes that the number of inspection visits decreased considerably, from 317 in 2004 to 122 in 2006. The Government reports on steps taken to obtain the necessary funds for the implementation of the country programme to combat the worst forms of child labour and hopes that, with the increase in the number of labour inspectors, the coverage and effectiveness of labour inspection in this area can increase. The Committee requests the Government to provide information on all progress made in the implementation of the abovementioned programme and plan relating to labour inspection activities. It would also be grateful if the Government would continue to supply statistics of inspection visits relating to child labour, disaggregated as far as possible by region or province, and also on offences reported and penalties imposed and enforced.

Articles 20 and 21. Annual inspection report. The Committee notes the report of the National Labour Inspectorate for the September 2005–August 2006 period. The Committee notes that it does not contain any statistics on penalties imposed, and that statistics on industrial accidents and cases of occupational disease relate only to Panama City. The Committee hopes that the Government will take steps, in relation to the “Cumple y gana” project for the reinforcement of labour rights in Central America, to ensure that the central inspection authority publishes and communicates to the ILO an annual general report on the work of the inspection services under its control, in the form and according to the deadlines prescribed by Article 20 and containing the information required by Article 21(a)–(g).

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

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 information contained in the Government’s report for the period ending 30 June 2005, the replies to its comments and the annual labour inspection reports for the period 2001–04, as well as the tables of statistics on inspection activities in the region of Panama for 2005.

1. Article 6 of the Convention. Status of labour inspectors. The Committee notes that the system of administrative careers (established by Act No. 9 of 20 June 1994) has been relaunched and the titularization of all labour inspectors is envisaged. However, noting the information on the web site of the Office of the President of the Republic (www.presidencia.gob.pa) reporting a draft amendment to the above Act, the Committee would be grateful if the Government would provide precise information on developments in the situation of labour inspectors in this respect, indicating the number of active inspectors, the number of titularized inspectors disaggregated by grade and assignment, and give an indication as to the duration of the titularization process.

2. Articles 3, 10 and 16. Numbers of labour inspectors and inspections. With reference to its previous comments, the Committee notes with interest a strengthening of the staff of the labour inspectorate following a long period of decline up to 2004, during which there had also been a significant fall in the number of inspections. Reminding the Government of the criteria set out in Article 10 of the Convention for the determination of the number of labour inspectors, the Committee hopes that efforts to achieve an appropriate increase in inspection staff will be continued at a sufficient pace to ensure that, in accordance with Article 16, the workplaces covered by the Convention are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal texts relating to conditions of work and the protection of workers. The Committee would be grateful if the Government would keep the Office informed of any development in this respect and provide information on trends in the geographical and sectoral distribution of workplaces liable to inspection.

3. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee notes the brief information contained in the inspection reports concerning industrial accidents and cases of occupational disease, which only covers the central region of the country, and the indication that inspectors are only informed of accidents belatedly, as the insurance fund is the principal recipient of the relevant information. According to the Government, the inter-institutional occupational health, hygiene and safety technical committee is due to propose measures in the near future intended to give full effect to this provision of the Convention. The Government is requested to keep the Office informed of developments in the situation in this respect and to indicate the measures adopted or envisaged in law and practice to ensure that in future inspectors are notified in due time of industrial accidents and cases of occupational injury occurring in establishments liable to supervision so that they can adjust their preventive activities accordingly and provide the central authority with relevant statistics and information.

4. Labour inspection and child labour. While noting with interest the inspection activities carried out in the various sectors between 2001 and 2004, the Committee notes in particular that the Child Labour Department of the Ministry of Labour has participated in the work of the commission responsible for the issue of girls and boys engaged in packing work in supermarkets and has envisaged seeking the financial support of IPEC. A review of the country project for the progressive eradication of the worst forms of child labour is reported to have been undertaken with a view to obtaining external financing for the strengthening of institutions and the implementation of relevant activities. The Committee would be grateful if the Government would provide information on the outcome of the action to seek the necessary funding for the implementation of the country project and on developments relating to inspection activities in the industrial and commercial establishments covered by the Convention.

5. Articles 20 and 21. Annual inspection report. The Committee notes with interest the implementation of the SIAL/ILO-Panama (Information System and Labour Analysis) project designed to strengthen, harmonize and systematize labour statistics. It hopes that the Government will ensure that, in the near future, the central labour inspection authority is able to benefit from the progress achieved so as to publish and communicate to the ILO, on a regular basis, in accordance with Article 20, an annual report on the activities of the services under its control. The Committee recalls in this respect the guidance provided by Part IV of Labour Inspection Recommendation, 1947 (No. 81), on the appropriate level of detail of the information required by points (a) to (g) of Article 21 so that the annual report can be an instrument for the evaluation and improvement of the labour inspection system.

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

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

The Committee notes the information contained in the Government’s report for the period ending 30 June 2005, the replies to its comments and the annual labour inspection reports for the period 2001-04, as well as the tables of statistics on inspection activities in the region of Panama for 2005.

1. Article 6 of the Convention. Status of labour inspectors. The Committee notes that the system of administrative careers (established by Act No. 9 of 20 June 1994) has been relaunched and the titularization of all labour inspectors is envisaged. However, noting the information on the web site of the Office of the President of the Republic (www.presidencia.gob.pa) reporting a draft amendment to the above Act, the Committee would be grateful if the Government would provide precise information on developments in the situation of labour inspectors in this respect, indicating the number of active inspectors, the number of titularized inspectors disaggregated by grade and assignment, and give an indication as to the duration of the titularization process.

2. Articles 3, 10 and 16. Numbers of labour inspectors and inspections. With reference to its previous comments, the Committee notes with interest a strengthening of the staff of the labour inspectorate following a long period of decline up to 2004, during which there had also been a significant fall in the number of inspections. Reminding the Government of the criteria set out in Article 10 of the Convention for the determination of the number of labour inspectors, the Committee hopes that efforts to achieve an appropriate increase in inspection staff will be continued at a sufficient pace to ensure that, in accordance with Article 16, the workplaces covered by the Convention are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal texts relating to conditions of work and the protection of workers. The Committee would be grateful if the Government would keep the Office informed of any development in this respect and provide information on trends in the geographical and sectoral distribution of workplaces liable to inspection.

3. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee notes the brief information contained in the inspection reports concerning industrial accidents and cases of occupational disease, which only covers the central region of the country, and the indication that inspectors are only informed of accidents belatedly, as the insurance fund is the principal recipient of the relevant information. According to the Government, the inter-institutional occupational health, hygiene and safety technical committee is due to propose measures in the near future intended to give full effect to this provision of the Convention. The Government is requested to keep the Office informed of developments in the situation in this respect and to indicate the measures adopted or envisaged in law and practice to ensure that in future inspectors are notified in due time of industrial accidents and cases of occupational injury occurring in establishments liable to supervision so that they can adjust their preventive activities accordingly and provide the central authority with relevant statistics and information.

4. Labour inspection and child labour. While noting with interest the inspection activities carried out in the various sectors between 2001 and 2004, the Committee notes in particular that the Child Labour Department of the Ministry of Labour has participated in the work of the commission responsible for the issue of girls and boys engaged in packing work in supermarkets and has envisaged seeking the financial support of IPEC. A review of the country project for the progressive eradication of the worst forms of child labour is reported to have been undertaken with a view to obtaining external financing for the strengthening of institutions and the implementation of relevant activities. The Committee would be grateful if the Government would provide information on the outcome of the action to seek the necessary funding for the implementation of the country project and on developments relating to inspection activities in the industrial and commercial establishments covered by the Convention.

5. Articles 20 and 21. Annual inspection report. The Committee notes with interest the implementation of the SIAL/ILO-Panama (Information System and Labour Analysis) project designed to strengthen, harmonize and systematize labour statistics. It hopes that the Government will ensure that, in the near future, the central labour inspection authority is able to benefit from the progress achieved so as to publish and communicate to the ILO, on a regular basis, in accordance with Article 20, an annual report on the activities of the services under its control. The Committee recalls in this respect the guidance provided by Part IV of Labour Inspection Recommendation, 1947 (No. 81), on the appropriate level of detail of the information required by points (a) to (g) of Article 21 so that the annual report can be an instrument for the evaluation and improvement of the labour inspection system.

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

The Committee notes the Government’s report and the attached documentation.

Child labour. With reference to its previous comments, the Committee notes with interest the creation of a department responsible for child labour and the protection of young workers in the national directorate of inspection, and the inclusion in the annual inspection report for 2001-02 of information on the activities of this department.

Articles 3, 10 and 16 of the Convention. Noting with concern the substantial reduction both in the staff of the labour inspectorate and, accordingly, in the inspections carried out between 1996 and 2002, the Committee hopes that the Government will take measures rapidly to strengthen the human resources of the labour inspection services so as to ensure that workplaces are inspected as often and as thoroughly as is necessary, and that it will keep the Office informed of any progress made in this respect or any difficulties encountered. It requests the Government to provide a copy of Act No. 38 of 31 July 2000 to which the activity report of 2001-02 refers concerning the types of inspections carried out by inspectors.

Articles 6 and 8. Noting the information on the revision of the titularization procedures for public servants, the Committee notes that the titularization of over one-quarter of public servants has been cancelled and, noting that procedures are under way to establish an administrative career system for public servants based on merit and effectiveness, the Committee requests the Government to provide information on the situation with regard to the status of women and men labour inspectors and any relevant text.

Article 14. The Committee once again requests the Government to take measures to ensure the application of this provision of the Convention, which provides that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations.

Article 21. The Committee notes with interest that the annual inspection report for 2002 contains information on infringements of labour legislation. However, noting that, as in the case of the statistics on employment accidents and cases of occupational disease, these data only concern the central region of Panama, the Committee hopes that the Government will take measures to ensure that information on inspection activities throughout the country is supplied in the next inspection reports on each item set forth in points (c) to (g) of this Article.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending 20 June 2001 and the attached documentation. It requests the Government to provide additional information on the following points.

Child labour. With reference to its general observation of 1999, the Committee notes the establishment within the National Directorate of Labour Inspection of the unit entrusted with supervising the working conditions of young persons and pregnant women (Unidad de atención al menor trabajador y a la mujer trabajadora embarazada). This unit is also entrusted, among other duties, with representing young persons in individual conciliation procedures, in the absence of parents or guardians. The Committee notes that in 2000 the Government ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it envisages the establishment in the National Directorate of Labour Inspection of a service entrusted exclusively with the issue of child labour. The Committee hopes that the Government will provide information in its next report on the progress made with this project and that it will provide copies of any text adopted in this respect.

The Committee notes with interest that the National Directorate of Labour Inspection is benefiting from international technical cooperation in the field of child labour in the context of the ILO’s International Programme for the Elimination of Child Labour (IPEC), a regional project for the prevention and elimination of the worst forms of child domestic labour and a project of the External Services Foundation for Peace and Democracy (FUNDAPEM) with a view to strengthening national processes for the prevention and elimination of child labour and the protection of young persons at work. The Committee requests the Government to provide full information on the results of the activities undertaken under each of the above projects.

The Committee notes with interest that the technical assistance of the ILO and of FUNDAPEM, with the support of various local bodies, has made it possible for the National Directorate of Labour Inspection to undertake studies on child labour in plantations in various provinces of the country, on domestic child labour in Panama and on the exploitation of street children. The Committee would be grateful if the Government would indicate whether it is envisaged to extend to industrial and commercial establishments the practice currently being followed of visiting plantations with a view to identifying any child workers.

Articles 3, paragraph 2; 10 and 16 of the Convention. With reference to its previous comments under these Articles, and noting the information that labour inspectors discharge their functions according to a programme developed by the various regional directors and involving support in other fields of labour administration, the Committee requests the Government to provide information on the measures which have been taken or are envisaged to overcome the shortage of labour inspectors and to ensure the effective discharge of their functions, particularly through the frequent and thorough inspection of workplaces, in accordance with Article 16.

Article 6. The Committee notes that, according to the Government, Act No. 9 of 20 June 1994 respecting the organization of administrative careers is currently being revised. It requests the Government to provide information in its next report on the progress made in the revision process and to provide a copy of any relevant text, as appropriate.

Article 8. Noting that, according to the Government, special duties requiring feminine sensitivity, such as participation in inspections in agricultural enterprises employing child workers, are entrusted to women inspectors. The Government is requested to indicate whether this specialization is also used in the industrial and commercial workplaces covered by the Convention and, if so, to provide information on the impact of this specialization on the results of inspections.

Article 14. Recalling that under the terms of this provision the labour inspectorate shall be notified of industrial accidents and cases of occupational diseases, and with reference to its previous comments on this matter, the Committee once again requests the Government to indicate the measures which have been taken to give effect to this provision within the framework of the activities of the Inter-Institutional Committee on Occupational Safety, Hygiene and Health, the establishment of which was announced in an earlier report.

Article 21. Noting the information contained in the report on the work of the inspection services for the period October 1999-September 2000 on the matters enumerated in points (a), (b), (c), (d), (f) and (g) of Article 21, the Committee would be grateful if the Government would also take measures to ensure the inclusion in future annual inspection reports of statistics of violations and penalties imposed (point (e)).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference also to its observation under the Convention, the Committee notes the Government’s reports for the period ending September 1999, and the attached documentation. It also notes that, according to the information available to the ILO, the labour inspection system is included in the technical cooperation project for the modernization of labour administrations in Central American countries (MATAC-ILO) and that activities are being undertaken to improve its effectiveness. These activities include a review of the structures and functions of the inspection system and the training of inspectors. The Committee hopes that information on the development and execution of the project will be provided regularly by the Government.

The Committee notes the reference to a draft manual of procedures of the National Directorate of Labour Inspection and it would be grateful if the Government would provide a copy of the final text of the manual.

Articles 3 and 4 of the Convention.  The Committee notes with interest that, within the framework of the process of modernizing the Ministry of Labour, the general labour inspection service was raised, by Executive Decree No. 84 of 1996, to the rank of a national directorate, the functions of which are in conformity with those set out in Article 3. The Committee notes that this structure exercises control over regional inspection services and that it also ensures permanent coordination and communication with regional labour directors.

Article 6.  According to the information provided by the Government, Act No. 9 of 20 June 1994 respecting the organization of administrative careers, including those of labour inspectors, was applied in practice by means of Executive Decree No. 222 of 12 September 1997. The Committee would be grateful if the Government would provide information on the progress achieved in the application process, as well as its impact on the status and conditions of service of labour inspectors which should, under the terms of this provision of the Convention, assure them stability of employment and independence of changes of government and of improper external influences.

Article 8.  The Committee notes that at the national level, out of 80 labour inspectors, 12 are women. It requests the Government to indicate whether, in accordance with this provision, special duties are assigned to women inspectors.

Articles 3(2), (10) and (16).  Noting the information provided on the number and distribution of labour inspectors and the number of inspections carried out, the Committee also notes that, according to the Government, although these numbers have risen, the level of human resources remains inadequate, particularly in regional offices, where inspectors have to discharge functions other than inspection, including conciliation. The Committee requests the Government to provide information on the manner in which it is envisaged to give effect to Article 3(2), under the terms of which, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 11.  The Committee notes with interest the information on the improvement of the material resources of the inspection services (computer equipment, the level of the fund for current expenses, the acquisition of motorcycles for provincial services) and the premises of the central administration of the labour inspection services, and it would be grateful if the Government would provide information on the impact of the new conditions of work of inspectors on the effectiveness of the inspection system.

Article 14.  The Committee notes the hope expressed by the Government that the newly created inter-institutional committee on occupational safety and health will facilitate the establishment of a coordinated system through which, with the cooperation of the Social Insurance Fund, effect can be given to this provision, and it requests the Government to provide information on the progress achieved in this regard.

Articles 20 and 21.  The Committee notes that, according to the Government, the Programme Analysis and Evaluation Unit of the National Directorate of Labour Inspection, which has recently been established, should facilitate the application of Article 21. Noting that in the annual report for the period ending September 1998, tables 4, 5 and 9 respecting inspection activities are accompanied by a note indicating that the information contained therein comes from a document entitled "Panama in Figures 1992-1996", the Committee hopes that future annual inspection reports will contain the precise and updated statistical information required by Article 21(c) to (g).

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the establishment by Decree No. 21 of 1997 of an inter-institutional technical committee on occupational health and safety. This permanent committee is responsible for the preparation, planning and coordination of action to promote the improvement of working conditions and environment. Noting that this committee includes two officials from the Ministry of Labour, the Committee of Experts would be grateful if the Government would provide information on its activities and on the matters which it addresses, and if it would indicate the manner in which the labour inspection services cooperate with the work of this committee, in accordance with Article 5(a).

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

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:

With reference to its previous comments on the application of Articles 10 and 16 of the Convention, the Committee notes from the Government's report that there are 29 labour inspection units distributed throughout the country. It would be grateful if the Government would indicate the total number of labour inspectors, their number in the various categories, per unit and the total number of workplaces liable to inspection as required by Article 21(c) of the Convention.

The Committee also notes from the Government's report, the establishment with the technical assistance of CIAT, of project PAN/93 to modernize and strengthen institutionally the Ministry of Labour and Social Welfare in support of the project to develop and modernize the economy. The Committee notes that this project's objective is to modernize the country's labour inspection system. It further notes the Government's indication that although it wishes to implement this project immediately, it has encountered difficulty in obtaining the international financing necessary to do so. The Committee hopes this project will materialize soon and that the Government will keep the Office informed of any progress achieved in the implementation of the project to modernize the labour inspection system. It also requests the Government to continue to provide information on further measures taken to improve the inspection service, particularly with regard to providing inspectors with all the necessary facilities for the performance of their duties (Article 11 of the Convention).

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

With reference to its previous comments on the application of Articles 10 and 16 of the Convention, the Committee notes from the Government's report that there are 29 labour inspection units distributed throughout the country. It would be grateful if the Government would indicate the total number of labour inspectors, their number in the various categories, per unit and the total number of workplaces liable to inspection as required by Article 21(c) of the Convention.

The Committee also notes from the Government's report, the establishment with the technical assistance of CIAT, of project PAN/93 to modernize and strengthen institutionally the Ministry of Labour and Social Welfare in support of the project to develop and modernize the economy. The Committee notes that this project's objective is to modernize the country's labour inspection system. It further notes the Government's indication that although it wishes to implement this project immediately, it has encountered difficulty in obtaining the international financing necessary to do so. The Committee hopes this project will materialize soon and that the Government will keep the Office informed of any progress achieved in the implementation of the project to modernize the labour inspection system. It also requests the Government to continue to provide information on further measures taken to improve the inspection service, particularly with regard to providing inspectors with all the necessary facilities for the performance of their duties (Article 11 of the Convention).

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

Articles 10 and 16 of the Convention. With reference to its previous comments, the Committee notes the labour inspection statistics provided by the Government. The Committee notes that the statistics refer only to inspections carried out in 1990 and 1991 in Panama City and the Canal Zone, and in the maritime sector. Furthermore, the number of such inspections dropped considerably in 1991: there were, respectively, 898, 81 and 70 inspections fewer than in 1990. Furthermore, in Panama City, for which data are available, the same trend can be observed in the strength of the inspectorate which dropped from 14 in 1990 to 10 in 1991. The Committee requests the Government in its future reports to indicate the number of labour inspectors and the total number of establishments liable to inspection throughout the country, and to provide general information on the number of inspectors in the various categories, indicating which inspectors have technical or special duties, and on the geographical distribution of the inspection services. Please state the measures taken to increase the number of inspections and inspectors in order to ensure that workplaces are inspected as often and as throroughly as is necessary.

Article 11. The Committee notes the Government's statement that the competent authorities have taken steps to improve the inspection service. The Committee asks the Government to give particulars, in the light of the above comments on Articles 10 and 16, of the measures taken and the progress made in providing inspectors with all the necessary facilities for the performance of their duties.

Article 19. The Committee notes the new forms used to record the results of routine inspections and observes that it does not elicit specific information on matters such as occupational accidents and diseases and related problems. The Committee asks the Government to indicate how inspectors record such information.

Articles 20 and 21. The Committee notes the labour statistics for 1990 and 1991 published by the Statistics Department of the Planning Office of the Ministry of Labour and Social Welfare. The Committee hopes that the Government will pursue its efforts to produce annual labour inspection reports containing all the information required by Article 21. It would particularly appreciate all available information on inspections carried out by the Maritime Labour Division.

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

Articles 10 and 16 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments concerning the strength of the labour inspectorate, and the numbers of inspections carried out between 1984 and August, 1988, although there is no indication of the total number of workplaces liable to inspection. It would stress once again that such statistics are essential for assessing the extent to which the Convention is being applied. The Committee notes that the Government has given instructions that labour statistics should conform to the requirements of the Convention. Please provide detailed information on steps taken to achieve this objective and progress made, with particular reference to the implementation of the Circular of 15 March 1990.

Article 11. Further to its earlier comments concerning operational difficulties faced by the labour inspectorate, the Committee asks that the Government indicate any progress made in applying this Article.

Articles 20 and 21. The Committee notes the Government's reply to its earlier comments, that it intends to publish annual labour statistics as soon as the financial situation improves. The Committee hopes the Government will redouble its efforts to compile annual inspection reports and ensure that they are widely disseminated among the authorities concerned, workers' and employers' organisations and other interested parties. The Committee trusts that the Government will supply full information and copies of the reports as required by the Convention.

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

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:

Articles 10 and 16 of the Convention. In reply to the previous direct request, the Government states that it has no information on the number of inspection visits carried out in relation to the total number of workplaces liable to inspection. The Committee must stress that, in the absence of these figures, it cannot ascertain whether these workplaces are inspected as often and as thoroughly as is necessary. Consequently, it can only urge the Government to ensure that the necessary measures are taken to ensure the compilation of these statistics which are essential to an assessment of the extent to which the Convention is being applied. In this context, it also requests the Government to indicate the number of labour inspectors currently employed.

Article 11. The Government recognises that the labour inspectorate is encountering serious difficulties in carrying out its work, owing in particular to the lack of transport and other material facilities. It adds that budgetary restrictions arising out of the prevailing economic crisis in the country are preventing it from providing the inspectorate with the necessary means and facilities, but that it is endeavouring to solve these problems within the framework of international technical co-operation. The Committee requests the Government to report on developments in the situation and, in particular, on any progress made in applying this Article of the Convention.

Articles 20 and 21. The Committee notes from the Government's report that, owing to budgetary constraints, it has not been possible to publish labour statistics drawn up in accordance with the provisions of the Convention. In this connection, it wishes to recall (as it did in paragraph 277 of its General Survey on Labour Inspection of 1985 and in its general observation of 1986) that, in cases where there are difficulties of a financial nature in the publication of an annual report, recourse to inexpensive methods of printing - for instance roneoed and mimeographed inspection reports - should enable the requirements of the Conventions to be met, provided that the reports are widely disseminated among the authorities and administrations concerned and among workers' and employers' organisations, and that they are placed at the disposal of all interested parties.

The Committee trusts that, in future, annual inspection reports containing all the information required by Article 21, will be published and transmitted to the ILO within the time-limits laid down by Article 20.