Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la protección de la maternidad, 2000 (núm. 183) - Panamá (Ratificación : 2022)

The Committee notes the Government’s first report.

Article 2 of the Convention. Scope of application.The Committee requests the Government to indicate the manner in which it ensures maternity protection for women workers engaged in atypical forms of independent work, including specific measures adopted or envisaged for this category of workers.

Article 3. Health protection.The Committee requests the Government to specify the unhealthy activities which have been determined by the Ministry of Labour and Employment Development, indicating the procedure used to assess risks and to inform the women concerned of the results, and also to specify the measures available to these women allowing them not to perform the identified types of unhealthy activities.

The Committee also notes that section 116 of the Labour Code, approved by Cabinet Decree No. 252 of 30 December 1971, provides that pregnant women shall not work overtime. The Committee therefore requests the Government to clarify whether this prohibition is absolute or whether a medical certificate is required advising against overtime depending on the type of work or the worker’s state of health.

Article 5. Leave in the case of complications or risk of complications. The Committee notes that sections 110 and 112 of the Labour Code provide for special leave in the event of illness resulting from pregnancy or childbirth, as well as in cases of abortion, non-viable pregnancy or any other abnormal delivery. The Committee requests the Government to indicate whether special leave is provided for in the case of complications or risk of complications arising out of pregnancy or childbirth, as required by Article 5 of the Convention.

Article 6(6), in conjunction with Article 6(8). Benefits out of social assistance funds. The Committee notes that under section 146 of Act 51 of 27 December 2005, a nine-month contribution period must be fulfilled in order to receive a maternity allowance. Furthermore, section 107 of the Labour Code provides that the employer shall be responsible for paying the benefit in the event that the Social Insurance Fund is not obliged to cover the maternity allowance. The Committee recalls that Article 6(6) of the Convention provides that women workers who do not meet the conditions to qualify for cash benefits shall be entitled to adequate benefits out of social assistance funds. The Committee therefore requests the Government to provide information on the cases in which the Social Insurance Fund does not cover the maternity allowance, and also on the existence and operation of social assistance funds to protect women workers who do not fulfil the contribution period or any other conditions to qualify for maternity cash benefits.

Article 9. Non-discrimination in employment. The Committee notes the Government’s reference in its report to a series of measures for applying the Convention, including inspection and supervision. In this regard, the Committee requests the Government to provide information on the penalties established for cases of non-compliance, including the number of fines imposed and their amounts. The Committee also requests the Government to indicate, in accordance with Article 9 of the Convention, whether the prohibition on requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment is explicitly established both in law and in practice, including any instances of penalties assessed for non-compliance with Article 9 provisions.

Article 11. Review of benefits and consultations with social partners. The Committee requests the Government to provide information on the consultations held with the representative employers’ and workers’ organizations in order to periodically review the duration of maternity leave or the amounts of cash benefits established for this contingency.