Report in which the committee requests to be kept informed of development - Report No 338, November 2005

Case No 2342 (Panama) - Complaint date: 07-FEB-04 - Closed

Allegations: The National Federation of Associations and Organizations of Public Servants (FENASEP) alleges the unjustified and illegal dismissal of a member of the Executive Committee of the Association of Public Servants employed by the Ministry of Education and of 25 trade union officials of the Association of Employees of the Ministry of Youth, Women, Children and the Family

1175. This complaint is contained in communications from the National Federation of Associations and Organizations of Public Servants (FENASEP) dated 6 February 2004.

1. 1176. The Government sent its observations in communications dated 27 December 2004 and 20 May 2005.
2. 1177. Panama has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 1178. In its communications of 6 February 2004, the National Federation of Associations and Organizations of Public Servants (FENASEP) alleges the unjustified and illegal dismissal in August 1999 of 25 trade union officials of the Association of Employees of the Ministry of Youth, Women, Children and the Family.
2. 1179. FENASEP also alleges in connection with this the unjustified and illegal dismissal on 20 January 2004 of Mr. Pedro Alain, a member of the Executive Committee of the Association of Public Servants employed by the Ministry of Education.
3. B. The Government’s reply
4. 1180. In its communications of 27 December 2004 and 20 May 2005, the Government expresses its willingness to resolve the issues raised in this case (a situation inherited from the previous administration). To that end a bipartite commission was set up by the Government and FENASEP. As a result of the dialogue and consultations carried out by the commission, most of the dismissed employees of the Ministry of Youth, Women, Children and the Family have been reinstated and will shortly be resuming their posts. The Government states, however, that as regards the wage arrears of the dismissed workers, Panamanian law requires that these be paid only in cases where such rights are specifically recognized under a prior law. In any case, the Government maintains that it is envisaged that pending issues will be resolved through negotiations in the bipartite commission. The Government emphasizes its concern to resolve these issues as far as it can, and draws attention to the serious economic difficulties facing the country and the meagre budget available to institutions.

C. The Committee’s conclusions

1. 1181. The Committee notes that this case concerns the dismissal in August 1999 of 25 trade union officials of the Association of Employees of the Ministry of Youth, Women, Children and the Family, including the union’s President and General Secretary, as well as the dismissal on 20 January 2004 of Mr. Pedro Alain, a member of the Executive Committee of the Association of Public Servants employed by the Ministry of Education. These allegations were made by the National Federation of Associations and Organizations of Public Servants (FENASEP).
2. 1182. The Committee notes that according to the Government, a bipartite commission has been set up by the Government and FENASEP with a view to resolving the issues arising in this case, and notes with interest that, as a result of this, it has been possible to reinstate most of the employees of the Ministry of Youth, Women, Children and the Family. The Committee notes also that according to the Government, wage arrears of dismissed workers can be paid only where a specific provision in law requires this. The Committee lastly notes the Government’s statements to the effect that it will continue with negotiations on issues still pending within the bipartite commission.
3. 1183. The Committee emphasizes the fact that the workers’ reinstatement was obtained thanks to a bipartite commission. Nevertheless the Committee observes that the Government has not challenged the claim that the dismissals were unjustified, the Committee requests the Government to take the necessary measures to ensure that all the union officials of the Association of Employees of the Ministry of Youth, Women, Children and the Family are reinstated in their posts, and to keep it informed of developments and of any agreements reached by the bipartite commission.
4. 1184. As regards the payment of wage arrears, the Committee notes that according to the Government, current legislation accords this entitlement only to persons who enjoy that right under the terms of a prior law, and that it is envisaged that this issue should be resolved through negotiation. The Committee hopes that this issue will be resolved without delay in the framework of the negotiations that are taking place in the bipartite commission.
5. 1185. As regards the alleged dismissal on 20 January 2004 of Mr. Pedro Alain, a member of the Executive Committee of the Association of Public Servants of the Ministry of Education, the Committee regrets that the Government has not sent its own observations, requests the Government promptly to conduct an investigation and, if the dismissal is found to have been anti-union in nature, to reinstate Mr. Alain without delay. The Committee requests the Government to keep it informed of developments in this regard.

The Committee's recommendations

1. 1186. In view of the preceding conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the dismissal in August 1999 of 25 union officials of the Association of Employees of the Ministry of Youth, Women, Children and the Family, the Committee requests the Government to take the necessary measures to ensure that all the union officials in question are reinstated in their posts, and to keep it informed of developments and of any agreements reached by the bipartite commission.
   • (b) As regards the payment of wage arrears of the union officials in question, the Committee hopes that this issue will be resolved without delay in the framework of the negotiations that are taking place in the bipartite commission.
   • (c) As regards the dismissal on 20 January 2004 of Mr. Pedro Alain, a member of the Executive Committee of the Association of Public Servants of the Ministry of Education, the Committee requests the Government promptly to conduct an investigation and, if the dismissal is found to have been anti-union in nature, to reinstate Mr. Alain without delay. The Committee requests the Government to keep it informed of developments in this regard.