Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Wage gap. The Committee notes that, according to the statistics provided by the Government, in 2008, women earned an average monthly wage that was 5.7 balboas (PAB) lower than that of men. However, the Committee notes that in relation to occupations in which the majority of women are concentrated, the wage gap compared to men is PAB147.7 (street vendors and services workers), PAB78 (shop and market sellers) and PAB79.3 (office workers). The Committee also notes that, according to the fourth national report on the situation of women in Panama (2002–07), there is in fact a distinction between “masculine” and “feminine” occupations, which are valued and remunerated differently. According to the report entitled “Gender in national statistics”, 64 per cent of economically active women are engaged in low-income activities. Furthermore, with regard to wage bands, the Committee notes that in 2007, women accounted for 24.1 per cent of workers in the highest band, whereas they accounted for almost the majority in the lower wage bands. The Committee urges the Government to take appropriate steps to reduce the wage gap between men and women. It requests the Government to continue providing statistical information on the remuneration levels of men and women in the various sectors of activity, disaggregated by occupational category and job, to enable the Committee to assess the progress made. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Economic incentives to achieve parity. The Committee refers to its previous comments concerning Decree No. 53 and, in particular, section 52 of that Decree which provides for action to promote economic incentives in the private sector to achieve a labour force consisting of 50 per cent women. The Committee notes the Government’s indication that no major progress has been made in this area given that the Ministry of Labour and Labour Development (MITRADEL) does not have an administrative unit dealing with gender issues. In this regard, the Committee notes that several steps have been taken to create a gender and labour office. The Committee notes that, according to section 36 of the draft Organic Act of MITRADEL, the gender office will be responsible for giving advice on the principle of equal opportunities for men and women, carrying out research, studies and evaluations on gender in employment and raising the awareness of civil society on the issue of equal opportunities at work. The Committee asks the Government to provide information on the progress made in creating the gender office and on its role in promoting the principle of equal remuneration for work of equal value. The Committee also reiterates its request for information on the application of section 52 of Decree No. 53, as well as on the application of the provisions of this Decree relating to the engagement of women in new occupations and in those traditionally considered to be male occupations (sections 42, 45 and 48), the establishment of a mechanism for the inclusion in collective agreements of a compulsory clause on the equal distribution of women and men in the various jobs (section 50) and the formulation of an assessment of the situation of women domestic workers (section 56).

Collective agreements. The Committee once again asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is addressed in collective bargaining and to provide copies of collective agreements which reflect the principle set out in the Convention. The Committee also reiterates its request for information on the steps taken or envisaged in accordance with the recommendations of the study carried out by MITRADEL with regard to, inter alia, the inclusion in the collective bargaining process of women workers who are traditionally excluded.

Objective job evaluation. The Committee notes Decree No. 46 of 11 December 2007 which “determines the new minimum wage rates throughout the national territory”. It also notes the Government’s indication that the minimum wage is determined irrespective of the worker’s sex. Recalling its general observation of 2006 on the Convention, the Committee stresses that, in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore requests the Government to provide detailed information on the criteria used to ensure that, when determining the minimum wage rates, full effect is given to the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication that the National Directorate of Labour Inspection has not detected any violations of the principle of the Convention and has not received any complaints on this matter. Considering that the lack of violations and complaints is likely to be the result of a limited awareness of this issue, the Committee asks the Government to implement training programmes for labour inspectors on the principle of equal remuneration for work of equal value and to take steps to raise the awareness of workers with a view to ensuring that cases of violations of the principle of the Convention are detected or reported at the appropriate time. Please continue providing information on the results of inspections carried out.