Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Panama (RATIFICATION: 1958)

CMNT_TITLE

Previous comments: C.12 direct request; C.17 observation and C.19 direct request.

The Committee notes the observations of the National Council of Organized Workers (CONATO) regarding the application of Conventions Nos 12 and 19, received on 31 August 2023, which emphasize the difference in treatment for migrant workers and the limited statistical information on occupational accidents in agriculture, the latter on account of: (i) the precarious existence of duly constituted labour organizations; and (ii) the low level of affiliation of workers to the social security scheme despite the legal provisions making registration compulsory from the first day of work. The Committee requests the Government to provide its comments in this respect.

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (occupational accidents) and 19 (equality of treatment) in a single comment.

Article 5 of Convention No. 17, read in conjunction with Article 2(1). Payment of compensation in the form of periodic payments without limit of time. The Committee notes the Government’s indication that, further to the publication of Act No. 51 of 27 December 2005 amending the Basic Act on the Social Security Fund and establishing other provisions, all enterprises and regions in the country have been incorporated into the compulsory Social Security Fund (CSS) scheme, including coverage of occupational risks, which for this contingency provides for the indefinite payment of a pension in the event of permanent incapacity, whether partial or total.

Application of Convention No. 19 in practice. The Committee notes the information provided by the Government on: (1) the number of foreign workers registered with the CSS; (2) the work permits issued to foreigners by the Ministry of Labour and Employment Development; (3) the number of occupational accidents disaggregated in terms of migrants and non-migrants; and (4) the impossibility of estimating the number of foreign workers not registered with the CSS. The Committee also notes the observations of CONATO indicating the lack of equal treatment as a result of uncontrolled migration in the country. The Committee therefore requests the Government to indicate the steps taken, in law and in practice, to ensure the effective registration of migrant workers with the CSS, in order to provide them with the same protection as national workers in cases of occupational accidents.

CMNT_TITLE

Article 1 of the Convention. Scope of application. In its previous comments, the Committee requested the Government to explain the reasons why the General Regulations of 2007 on affiliation and registration establish a required time period of one month (in the case of seasonal or casual agricultural workers) or three months (in the case of coffee workers) for affiliation to the Social Insurance Fund to become compulsory. The Committee observes that the Executive Board of the Social Insurance Fund has approved Resolution No. 52805-2018-J.D. of 29 August 2018 adopting the new General Regulations on affiliation and registration with respect to the Social Insurance Fund, section 75 of which establishes the obligation for agricultural employers to affiliate or register their seasonal workers for the purposes of occupational risks as soon as or before they begin work. The Committee notes with interest that section 75 also repeals the provision providing that seasonal coffee workers, engaged exclusively in the coffee harvest, must be affiliated to the Social Insurance Fund when they work for at least three months, even if the work is not continuous, in the same calendar year.

CMNT_TITLE

Article 1 of the Convention. The Committee notes the information provided by the Government in its report in 2011 concerning the extension of compulsory employment injury insurance to seasonal, non-permanent and occasional agricultural workers. The Government indicates that, under the terms of section 77 of Act No. 51 of 2005, insurance under the Social Insurance Fund is compulsory for all workers who provide services in the country, including agricultural workers. Moreover, section 75 of the General Regulations respecting affiliation and registration, of 2007, as approved by the Executive Board of the Social Insurance Fund, provides that the inclusion of agricultural workers in coverage against employment injury is guaranteed, irrespective of whether their work is seasonal or occasional. Nevertheless, the Committee notes that, under the terms of section 17 of the above Regulations, the requirement for the affiliation of workers in general begins from the time that they start to work for an employer, while in accordance with section 75, the affiliation of seasonal or occasional agricultural workers with the Social Insurance Fund is compulsory on condition that they work for more than one month for an employer, even if the work is not continuous, in the same calendar year, and in the case of workers engaged in the coffee harvest, for at least three months. In this regard, the Committee also notes the allegations made by the Trade Union Convergence Movement to the effect that Convention No. 12 is not applied in large sectors of agriculture, such as in the case of coffee workers, daily workers and in indigenous areas. As a result, agricultural workers are excluded from social security coverage through the wilful omission of their respective employers. In this context, the Committee requests the Government to explain the reasons why the above Regulations establish the requirement of one month (in the case of seasonal or occasional agricultural workers) or three months (in the case of coffee workers) for affiliation to the Social Insurance Fund to become compulsory. It also requests the Government to provide detailed information, including statistics of the inspections carried out in agricultural areas, the contraventions reported and the fines imposed.

CMNT_TITLE

The Committee notes the report and the statistical data provided by the Government on the manner in which national law and practice give effect to the Convention. It would be grateful to be provided with fuller information on the following point.

Article 1 of the Convention. Extension to all agricultural wage earners of the laws and regulations providing for the compensation of workers for personal injury by accident arising out of or in the course of their employment. With reference to resolution No. 2 of the Executive Committee of the Social Insurance Fund issuing general regulations respecting registration, the classification of enterprises and the collection of employment injury insurance contributions, the Government indicates that this text provides for the extension of compulsory insurance against occupational risks to workers in non-mechanized, agricultural, forestry and stock-raising enterprises, and to seasonal and non-permanent agricultural workers through specific regulations. In this respect, the Committee would be grateful if the Government would indicate in its next report the manner in which the above categories of workers are ensured the same protection in respect of employment accidents as that of other wage earners and to provide copies of the relevant texts.