Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Panama (Ratification: 1966)

The Committee notes the joint observations of the National Council of Organized Workers (CONATO) and the National Confederation of United Independent Unions (CONUSI), sent by the Government, and the joint observations of the International Trade Union Confederation (ITUC), the Trade Union Confederation of Workers of the Americas (TUCA) and Building and Wood Workers’ International (BWI), received on 3 September 2025, which refer to issues examined by the Committee in the present comment. The Committee also notes the Government’s reply to these union observations, which was received on 17 November 2025. Moreover, the Committee has taken account in the present comment of the Government’s reply to the 2022 observations of CONUSI and CONATO, received on 6 December 2022, which could not be addressed in its previous comments.

The Committee notes that the above-mentioned national and international trade union organizations claim in their observations that in 2025 a total of 294 teachers were suspended and replaced, by arbitrary disciplinary measures, by the Ministry of Education, including leaders of the top teaching unions and associations in the country. The Committee requests the Government to provide its comments in this respect. The Committee also notes the allegations of CONATO and CONUSI regarding excessive use of compulsory arbitration by the labour administration in several specific cases and the blanket denial by the Government regarding the existence of problems in this respect. The Committee requests the Government to launch a dialogue with the trade union confederations on the situations in question and on the criteria used in compulsory arbitration. The Committee requests the Government to provide information in this regard.

Tripartite committees. With regard to the reactivation of the Compliance Committee and the Committee for the Rapid Handling of Complaints relating to Freedom of Association and Collective Bargaining (Complaints Committee), the Committee refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee reiterates the importance that the functioning of both committees could continue to have for the application of the present Convention, especially in the current context of collective labour relations in the country. The Committee once again urges the Government to take the necessary steps, in consultation with the social partners and with ILO technical support, to reactivate the functioning of both committees in the near future, seeking a prompt solution regarding the representativeness of the various trade union organizations which comprise them. The Committee requests the Government to provide detailed information on measures taken in this respect.

Article 1 of the Convention. Adequate protection against anti-union discrimination. The Committee recalls that in its previous comments, it asked the Government to take the necessary measures to ensure that all the trade union leaders referred to in Agreement No. 4 of the Complaints Committee are reinstated in their jobs as soon as possible and that the reinstatement complies with the terms of the Agreement. The Committee notes the Government’s indication that, according to the report of the moderator of the Complaints Committee, two workers were reinstated in their posts and received pay rises, one was reinstated and transferred to another entity for reasons of restructuring, one indicated having no interest in reinstatement and one terminated his employment relationship after being reinstated. The Committee also notes the Government’s indication that the Committee on Freedom of Association concluded its examination of Case No. 2751, in which it addressed the situation of the above-mentioned trade union leaders. The Committee notes the information provided by the Government regarding the trade union leaders referred to in Agreement No. 4 of the Complaints Committee and the fact that the Committee on Freedom of Association concluded its examination of Case No. 2751 (411th Report, June 2025, paras 65–67).

Articles 4 and 6. Right to collective bargaining. Pending legislative issues in the public and private sectors. In its previous comments, the Committee asked the Government to take measures without delay to harmonize the legislation on collective labour relations in the public sector with the Convention and revise certain provisions of the Labour Code to ensure the following:

• the payment of wages for strike days attributable to the employer to be a matter for collective bargaining and not imposed by law (section 514 of the Labour Code);
• the requirement for the number of representatives of the parties in negotiation to be between two and five (section 427 of the Labour Code);
• the regulation of mechanisms for the settlement of legal disputes, and the possibility for employers to submit lists of demands and initiate a conciliation procedure; and
• the guarantee of the right to collective bargaining for public employees and public servants who are not engaged in the administration of the State.

In its previous comment, the Committee noted that the bill on collective labour relations in the public sector, drafted on a consensual basis in the Compliance Committee, had not been approved by the Legislative Assembly. The Committee notes with regret that there is no indication of any other draft legislation addressing the legislative issues which the Committee has been raising for many years. The Committee also notes the Government’s indications that: (i) public servants are governed by their own career regulations except in cases where it is expressly decided that some concept of the Labour Code applies to them; and (ii) even though the Administrative Careers Act provides in general terms for the possible resolution of collective disputes by the executive board of the employees’ association of the institution and the respective administrative authorities (sections 191 and 192) and refers to collective agreements regarding work-related improvements, these important aspects are not regulated by the legislation, whereby it is concluded that public institutions are not empowered to conduct collective negotiations. In this regard, the Committee recalls that, under Articles 4 and 6 of the Convention, public workers and officials who are not employed in the administration of the State (including employees of public enterprises, municipal employees and employees of decentralized entities, teachers in the public sector and hospital staff) must be able to negotiate their conditions of work and employment. In this context, the Committee welcomes the conclusion of a new collective agreement for 2024–28 in the public sector between the University of Panama and the National Union of Workers of the University of Panama, even though the legislative measures on this matter have not yet been adopted. In light of the above, the Committee once again urges the Government to take measures, without delay and in consultation with the social partners, to bring the legislation into conformity with the Convention by adopting legislation on collective labour relations in the public sector and resolving the pending legislative issues relating to the Labour Code. The Committee requests the Government to provide information on progress made in this respect and reminds it that it may avail itself of ILO technical assistance.

Application of the Convention in practice. In its previous comments, the Committee asked the Government to continue providing information on the number of collective agreements concluded in the country, including in the maritime sector. In this regard, the Committee notes the Government’s indications that: (i) between July 2024 and August 2025 a total of 69 collective agreements were concluded in the country, covering 24,999 workers; and (ii) between 2018 and June 2025, a total of 17 collective agreements were concluded in the maritime sector, covering a total of 6,006 workers. The Committee duly notes this information and requests the Government to continue providing information on the number of collective agreements concluded and in force in the country, including the sectors of activity and the number of workers covered. The Committee also requests the Government to provide information on the steps taken to promote collective bargaining in the various sectors of activity in the country.

[The Government is asked to reply in full to the present comments in 2027.]