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

Plantations Convention, 1958 (No. 110) - Panama (Ratification: 1971)

The Committee notes the Government’s response to the 2018 observations of the National Confederation of United Independent Unions (CONUSI), transmitted on 18 November 2018. The Committee also notes the observations of CONUSI received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Articles 5–19 of the Convention. Engagement and recruitment of migrant workers. In its previous comments, the Committee asked the Government to provide specific information on the engagement and recruitment of internal and foreign migrant plantation workers. The Committee notes the Government’s general indication that many indigenous agricultural workers, both internal and foreign migrants, form part of the employed labour force, making a total of 370 workers with a registered contract (320 men and 50 women), and that all work in activities related to agriculture. Moreover, CONUSI indicates in its 2021 observations that the Government does not provide specific information in its reply on whether these agricultural workers are plantation workers or perform activities related to agriculture in general. CONUSI also considers that the figures supplied reflect a worryingly deficient recording of the situation of internal and foreign migrant workers who work in the production of coffee, sugar cane, bananas, cocoa, coconuts and other crops on various plantations, where indigenous migrant workers form the main labour force for these activities. CONUSI indicates that, in order to work on the plantations at harvest time, many indigenous foreign migrants move from Costa Rica with their families (wives and young children who also help with the work), without any migration controls. CONUSI also points out that the internal migration of persons for work on plantations occurs more frequently from the indigenous area of the country, but that the Government does not provide any information on the number of these workers or their living and working conditions. In this regard, the Committee refers the Government to its 2020 comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it asked the Government to strengthen its efforts to collect and disseminate data on the application of migrant workers’ labour rights. In this context, the Committee recalls that that the successful regulation and transparent management of recruitment of migrant workers plays an important role in effectively suppressing irregular migration and reducing labour migration in abusive conditions (see 2016 General Survey, Promoting fair migration, paragraph 256). Noting that the Government does not provide any information on the working conditions of internal and foreign migrant plantation workers, particularly indigenous workers, or on the types of plantation on which they are employed, the Committee requests the Government to provide detailed information in this respect. The Committee also requests the Government to continue providing information on the number of persons involved in this type of work (disaggregated by sex, age and migration status (whether they are international or internal migrants)), and to indicate the types of plantation on which they are employed.

Articles 24–35. Wages. The Committee notes the Government’s indication that the measures adopted to encourage the fixing of minimum wages through collective agreements include one of the components of the Strategic Plan 2019–24, namely the Hombro a hombro (shoulder to shoulder) plan. The aim of the latter is to stimulate and support the agricultural sector in the country. The Government also refers to the implementation of training programmes for officials of the Labour Directorate, aimed at equipping them with various negotiation techniques. The Government further refers to Executive Degree No. 424 of 31 December 2019, which fixes the hourly wage throughout the country according to region, economic activity, occupation and size of enterprise. The Committee notes the Government’s indication that between 2019 and 2020 only three collective agreements were concluded in the agriculture, livestock farming, hunting, forestry, aquaculture and fishing sector. However, the Committee observes that the Government does not indicate whether these collective agreements cover plantation workers. The Committee also notes the statistical data on inspections conducted between 2018 and April 2021 in the above-mentioned sector, indicating that, of the 1,650 inspections conducted between April 2018 and April 2021, only 778 enterprises (47 per cent) paid the statutory minimum wage. Moreover, the Committee notes that these statistics do not enable specific identification of the number and results of labour inspections carried out in the plantation sector. The Committee therefore requests the Government to take the necessary steps to collect information on the application in practice of the minimum hourly wage throughout the plantation sector, in particular statistical information on the results of labour inspections in this sphere. The Committee also requests the Government to continue providing detailed, up-to-date information on the measures taken to encourage the fixing of minimum wages through collective agreements concluded freely between the trade unions representing plantation workers and the employers or employers’ organizations, and on the impact of such measures in practice, for example, the impact of the training given to officials of the Labour Directorate. The Committee further requests the Government to provide copies of any collective agreements applicable to the plantation sector.

Articles 71–84. Labour inspection. The Government indicates that various capacity-building measures have been introduced for labour inspectors, such as: (i) strengthening the labour inspection system to enable inspections to verify compliance with the labour regulations, including those related to COVID-19 preventive measures, which also apply to plantations, and also to verify the actual reactivation of contracts of workers who were suspended during the pandemic, and to ensure their gradual reinstatement; and (ii) training courses for labour inspectors. Moreover, the Committee notes that the statistical information provided by the Government on inspections conducted between 2018 and April 2021 continues to refer to the agricultural sector in general and not specifically to the plantation sector. The Government also indicates that inspectors from the Ministry of Labour and Employment Development (MITRADEL), together with representatives of the Ombudsman’s Office, have begun to inspect agricultural estates in Chiriquí province, in order to find out the workers’ concerns regarding their employment. The Government adds that in June 2021 six estates were inspected. The Government indicates that it plans to develop the first training course on labour issues for producers and then for workers in agriculture. The Committee notes that CONUSI once again points out, in its 2021 observations, that few labour inspections take place in the provinces where most plantation-related projects are located. CONUSI also claims that inspectors lack specific training on plantation work. Moreover, the Committee notes with interest that, on 22 March 2022, the Government ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which will come into force on 22 March 2023. The Committee requests the Government to continue providing information on the capacity-building measures implemented for labour inspectors specifically in the plantation sector and the practical impact of these measures. Furthermore, recalling that for years it has been requesting the Government to communicate information, including statistics disaggregated by age and sex, on the number of inspections conducted on plantations, their results and the penalties imposed for any violations, the Committee once again urges the Government to provide this information. The Committee further requests the Government to send reports showing the results of the inspections conducted by inspectors from the Ministry of Labour, together with representatives of the Ombudsman’s Office on estates in Chiriquí province.

Articles 85–88. Housing. The Committee notes the Government’s indication that section 128(12) of the Labour Code requires the employer to provide workers with clean housing accommodation free of charge when the work is performed more than five kilometres away from the workers’ usual residence, unless the employer opts to cover transport costs. It nevertheless notes that this provision does not specify the minimum size of the accommodation, ventilation, floor and air space and veranda space . The Government adds that sections 282 et seq. of the Labour Code contain all the provisions relating to safety and health at work, including minimum requirements regarding drinking water and rest and recreation facilities for workers. The Government also indicates that the Labour Inspection Directorate at the Ministry of Labour conducts inspections at the national level for the purpose of enforcing these provisions. The Government further indicates that collective agreements incorporate benefits such as planned improvements in construction to enhance workers’ quality of life, and also coverage of the cost of group insurance and payment of an annual bonus for the workers. In this context, the Government refers to a collective agreement concluded between the Agriculture and Allied Industries Workers’ Union (SITRAPEID) and an enterprise engaged in the hydroponic cultivation of tomatoes; inter alia, the agreement requires the provision of camp accommodation for the workers. The Committee requests the Government to indicate the measures taken to ensure that the national legislation establishes minimum standards and conditions with regard to the accommodation of workers on all plantations in the country, as stipulated in Article 86(2) of the Convention. The Committee also once again requests the Government to send information on the results of the inspections conducted on plantations with respect to conditions in the accommodation provided for workers.

Articles 89–91. Medical care. The Government reiterates that the national legislation requires that all workers, including plantation workers, be insured by the Social Security Fund (CSS). Nevertheless, the Government indicates that the characteristics of this type of work, which is often seasonal, irregular and non-continuous and in which the worker often has several employers, hamper the registration or identification of workers for the purposes of CSS coverage. The Government also indicates that: (i) CSS occupational safety and health staff representatives held a seminar on the safe handling and use of pesticides for a group of workers and supervisors on estates in the agricultural and coffee sector; (ii) CSS officials held a meeting with representatives of producers from Tierras Altas in Chiriquí province, at which discussions included agricultural workers’ right to social security protection and the correct way to report payments to the CSS; (iii) in view of a number of complaints by the community regarding evasion of the employee/employer contribution, the CSS national director of revenue held a meeting on 23 June 2021 with producers from Tierras Altas and indicated that inspection visits would be carried out; and (iv) inspections to check working conditions, various medical examinations, and case studies on occupational accidents are being carried out. The Committee notes CONUSI’s claim that the authorities’ supervision of work on plantations is deficient and does not form part of its supervision agenda. Lastly, the Committee recalls that for years it has been asking the Government to provide statistical information on the number of plantation workers insured by the CSS; however, it once again notes that the Government provides statistical information on workers in agriculture in general but not specifically on plantation workers. The Committee requests the Government to continue sending information on the measures taken to ensure the provision of adequate medical services for plantation workers and their families, and the results achieved by such measures. The Committee also requests the Government to provide information on the consultations held in this respect with representatives of the employers’ and workers’ organizations concerned (Article 89). Noting that it has been asking for the following information since 2015, the Committee once again requests the Government to provide statistical information, disaggregated by age and sex, that specifies the number of plantation workers and their family members who are insured by the Social Security Fund (CSS).