Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Panama (Ratification: 2015)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 18. Application of the Convention. In its previous comments, the Committee noted the preparation of a preliminary draft Bill No. 012 (Bill No. 438) of 19 July 2016, which amends the provisions of the Labour Code and Family Code establishing working conditions for persons engaged in domestic work and requested the Government to provide information on the status of the Bill. The Committee notes the Government’s indication that the Bill was referred back from the second reading in the National Assembly to a further first reading. In its comments CONUSI observes that no progress had been made in the status of the Bill since 2017 and maintains that it includes provisions that establish working conditions for domestic workers that are less favourable than those provided for in the legal system for other categories of workers in areas such as: wages, working time (more than eight hours per day), right to education and compensation for unjustified termination of contract. In the context where it is likely that draft Bill No. 012 (Bill No. 438) of 19 July 2016 will be approved in the near future, the Committee requests the Government to take the necessary measures, in consultation with the social partners, including the organizations representative of domestic workers as well as organizations representative of employers of domestic workers, to ensure full conformity of its labour legislation with the requirements of the Convention (Article 18), and keep the Office informed of any developments in this respect.

Articles 6 and 9. Fair terms of employment and decent working and living conditions. The Committee notes the Government’s indication that, in most cases, employers reach agreement with domestic workers about whether they are required to reside in the household. It adds that domestic workers’ rest breaks and holiday periods are also respected. The Government also indicates that all workers have the right to keep their travel and identity documents. However, in its comments CONUSI indicates that there is a lack of information regarding the situation of domestic workers from which it can be ascertained whether or not domestic workers enjoy such rights in practice. In relation to the measures taken to ensure that domestic workers living in the household where they are employed enjoy decent living conditions, the Government refers once again to section 231(9) of the Labour Code, which requires that the meals provided to domestic workers must be healthy, plentiful and nutritious, and the living area comfortable and clean. The Committee requests the Government to provide updated and detailed information on how it is ensured in practice that all domestic workers: (a) are free to reach agreement with their employer or potential employer on whether to reside in the household; (b) are not obliged to remain in the household or with members of the household during periods of daily and weekly rest or annual leave; and (c) are entitled to keep in their possession their travel and identity documents. The Committee also once again requests the Government to provide information on the measures envisaged or adopted to ensure, in practice, that domestic workers who reside in the household they work for, benefit from decent living conditions that respect their privacy.

Article 10(1). Equality of treatment between domestic workers and workers generally in relation to hours of work. In its previous comments, the Committee noted that section 231(2) of the Labour Code provides that “domestic workers shall not be subject to a schedule of hours of work but shall benefit from a minimum absolute rest period between 9 p.m. and 6 a.m. …”. It also noted that, in its ruling of 10 August 1994, the Supreme Court declared that section 231(2) of the Labour Code does not establish a 15-hour day for domestic workers but seeks to ensure that they benefit from a “continuous and uninterrupted period of rest during which they are not under the requirement to perform any work.” The Committee notes the Government’s indication that in practice most domestic workers are entitled to keep a set schedule, including periods of rest. The Committee nevertheless notes that both the Government and CONUSI in its observations recognize the need to amend this regulation to ensure equal working conditions between domestic workers and workers in general. The Committee therefore urges the Government to take the necessary measures without delay to amend section 231(2) of the Labour Code with a view to ensuring equality of treatment between domestic workers and workers in general in relation to normal hours of work, overtime compensation and periods of daily rest. The Committee requests the Government to provide information on progress achieved in this respect.

Article 10(3). Periods during which domestic workers are not free to dispose of their time as they please. The Committee notes that the Government has not provided information on the implementation in practice of this Article of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible calls are regarded and paid as hours of work.

Article 11. Minimum wage. Non-discrimination based on sex. In its previous comments, taking into account that domestic workers receive the lowest minimum wage due to the fact that a monthly rate is set, the Committee requested the Government to take the necessary measures to establish a minimum hourly wage for domestic workers in the same way as for other workers. The Government reiterates that, in accordance with the provisions of the legal system, all workers are entitled to a minimum wage. The Government indicates that the tripartite National Minimum Wage Committee makes recommendations to the Government regarding minimum wage rates based on studies and research. The Committee notes the information provided by the Government on the development of minimum wage rates for domestic workers between 2000 and 2021. The Committee notes that, over a 21-year period, minimum wage rates for domestic workers have increased from 105 to 300 balboas per month in the first region and in the second region they have increased from 95 to 275 balboas per month. CONUSI reports that the minimum wage established for domestic workers is the lowest of all legally established minimum wages and is lower than the monthly cost of the family basket of essential foodstuffs. The Committee notes, however, that the Government does not provide any information on the adoption of measures to establish a minimum hourly wage for domestic workers, as for other workers. The Committee recalls that this situation may give rise to instances of wage discrimination as, in accordance with section 231(2) of the Labour Code, domestic workers may work up to 15 hours per day, given that the legal system does not establish a maximum of eight working hours per day in the same way as it has for other workers. The establishment of a minimum monthly wage for domestic work is detrimental to this group of workers in these circumstances, as they tend to work many more hours per month than other workers. With regard to equal pay, the Committee refers to its 2019 observation on the application of the Equal Remuneration Convention, 1951 (No. 100), in which it noted the Government’s request for assistance from the Office in August 2017, in order to progress with bringing its legislation into line with the principle of Convention No. 100 and trusted that it would be provided without delay. The Committee also notes that CONUSI emphasizes the need to compile information on wages received by men and women domestic workers to identify gender-based wage discrimination in the domestic work sector. The Committee once again requests the Government to take the necessary measures to establish a minimum hourly wage for domestic workers in the same way as for other workers. It also requests the Government to take the necessary measures, in accordance with national practice and conditions, to ensure that the minimum wages rates established for domestic workers are fair and enable them to enjoy a decent standard of living.