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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 81. The Committee last examined this case at its March 2012 meeting [see 363rd Report, paras 951–1010] when it made the following recommendations:
- (a) The Committee takes note with deep concern a number of the reasons given by the Government for refusing to register or grant legal personality to the six trade union organizations in formation mentioned in the complaint. The Committee considers that the different legal requirements or their interpretation in practice in this case appear to have contravened Article 2 of Convention No. 87 under which workers without distinction whatsoever and without previous authorization have the right to establish organizations of their own choosing.
- (b) The Committee, on the one hand, urges the Government to adopt measures to amend legislation to bring it in line with Convention No. 87 and, as it has already done with regard to Case No. 2751, the Committee requests the Government, including the administrative authorities, to examine with the complainants in a proactive and constructive manner the reasons for this situation so as to assess how the system is working in practice and how to resolve the issue of registration or access to legal personality for trade union organizations whose registration has been denied. The Committee requests the Government to keep it informed in that regard.
- (c) The Committee also understands that some of the cases of denial of legal personality have been submitted to the judicial authority and requests the Government to inform it of the decisions handed down.
- (d) Lastly, with regard to the allegations that the workers who signed the intention to form the SINTEGPPI and those who signed the intention to form a workers’ trade union in “Panama Gaming and Services of Panamá” and/or “Cirsa Panamá SA” were dismissed, the Committee regrets that the Government has not sent detailed comments on these serious allegations and, recalling that pursuant to Article 1 of Convention No. 98 it is expressly prohibited to “cause the dismissal of, or otherwise prejudice, a worker by reason of union membership”, the Committee urges the Government, should the allegations be verified, to take steps to reinstate the workers of both trade unions immediately and compensate them for their losses (salaries and benefits) and to keep it informed thereof.
- 82. In a communication of 26 January 2013, the Government reports that:
- – As regards recommendation (a), the issue of the refusal to grant legal personality to the trade union organizations in formation mentioned in the complaint, is included in the list of matters that will be addressed by the Committee for the Rapid Handling of Complaints, established under the Panama Tripartite Agreement, and will be evaluated through tripartite dialogue under the moderation of Dr Rolando Murgas. The Committee notes this information and trusts that this matter will be resolved in the near future.
- – As regards recommendation (b), concerning the need to amend the legislation (on the registration of legal personality) to bring it in line with Convention No. 87, the committee responsible for analysing areas for harmonization in national legislation, established under the Panama Tripartite Agreement, is drawing up a list of matters to be addressed in accordance with the recommendations of the Committee of Experts on the Application of Conventions and Recommendations and information will be sent when the necessary consensus is achieved. The Committee takes note of this information and trusts that the necessary amendments to the legislation will be adopted in the near future.
- – As regards, recommendation (c), only one denial of legal personality (the case of the Industrial Trade Union of Panamanian Waterway Workers and Related Industries) was brought before the courts. The Supreme Court of Justice ordered the approval of a new list of trade union members, but it did not grant the trade union legal personality. Furthermore, the Government reports that this case will be examined by the Committee for the Rapid Handling of Complaints. The Committee notes this information and firmly expects that, once the legal requirements have been met, legal personality will be granted to the trade union organization in question.
- – As regards recommendation (d), the workers of the company “Panama Gaming & Services of Panamá” and/or “Cirsa Panamá SA”, referred to by the complainant organizations, were not dismissed but rather signed a mutual agreement with the company to terminate their employment relationship. As regards the company “Gaming Properties of Panamá Inc.”, the founding members of the trade union organization left the company, and legal personality was denied on the grounds that the trade union lacked the minimum number of workers (40) needed to establish a company trade union. The Committee takes note of this information. In accordance with the Committee of Experts on the Application of Conventions and Recommendations in its 2012 observation on the application of Convention No. 87 by Panama, the Committee considers that the minimum number of 40 workers required to form a trade union under the Labour Code should be reduced so as not to obstruct the creation of company trade unions. The Committee trusts that this matter will be addressed within the framework of the Committee in charge of analysing areas for harmonization in national legislation established under the Panama Tripartite Agreement, and that the necessary steps will be taken to amend the relevant legislative provisions.
