Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7(2) and (3) of the Convention. Temporary exceptions – annual limits to additional hours. With reference to its previous comments, the Committee notes the conclusions of the technical assistance mission which took place in February 2006. It notes in this respect that, during the mission, the social partners expressed different points of view on the annual limit of additional hours which is required to be set in relation to temporary exceptions in conformity with the provisions of the Convention. The Committee notes that, in the view of the National Council of Organized Workers (CONATO), the number of additional hours should not exceed 200 per year, whilst the National Council of Private Enterprise of Panama (CONEP) considers that the weekly limit of nine additional hours, or 468 per year, should not be changed. Finally, the Government came out in favour of an annual limit of 240 additional hours, while insisting that, in the absence of consensus between employers’ and workers’ organizations, no amendment could be made to the Labour Code for this purpose. The Committee further notes that, according to the conclusions of the technical assistance mission, this issue could be addressed in two seminars which the Government has requested the Office to organize, on the one hand, with CONEP and, on the other, with CONATO. The Committee hopes that these seminars will lead to significant progress with a view to the amendment of section 36(4) of the Labour Code so as to bring it into conformity with Article 7 of the Convention. It wishes, however, to remind the Government, as the technical assistance mission did, of its primary responsibility for compliance with international labour standards and the full application of ratified Conventions, and the proactive and committed attitude that it has to demonstrate in reaching tripartite consensus. The Committee expresses the firm hope that the Government will take all the necessary measures to resolve this issue without further delay and to bring its legislation into conformity with the Convention on this point.

The Committee further notes that, during the technical assistance mission in February 2006, CONATO called for the rules on additional hours that are in force in the private sector to be transposed to the public sector. In this respect, the Committee requests the Government to indicate the limits (both daily and annual) for additional hours that are applicable in the public sector.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.