Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Panama (Ratification: 1958)

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).