Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - 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

Previous comment

Article 7 of the Convention. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. The Committee notes the Government’s indication in its report that, under section 188 of Act 51 of 27 July 2005, amending the Basic Act on the Social Security Fund and establishing other provisions, social security beneficiaries cannot receive more than one pension or form of compensation at a time. The Committee recalls that, given its nature, the additional compensation envisaged in Article 7 of the Convention may suppose an increase in the pension initially awarded for incapacity arising from employment injury, and not only the provision of a new or different pension. The Committee therefore once again requests the Government to take the necessary measures to enable the provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person.

The Committee also draws the Government’s attention to the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), approved by the ILO Governing Body at its 328th Session (October-November 2016), that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or to accept the obligations in Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee notes that the tripartite Higher Labour Council is due to be established in the future, with functions that include recommending the ratification of ILO Conventions. The Committee encourages the Government to take advantage of the potential momentum created by the establishment of the Higher Labour Council and to contemplate the possibility of ratifying Convention No. 121 or accepting the obligations in Part VI of Convention No. 102, as the most up-to-date instruments in this subject area.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 5 of the Convention, in conjunction with Article 2(1). Payment of compensation in the form of periodical payments without limit of time. In its previous comments, the Committee referred to the need to amend the provisions of sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time, in the event of an occupational accident resulting in permanent incapacity or death, to workers who are not covered by the compulsory social security scheme and are governed by the provisions of the Labour Code, but are covered by the Convention or their dependants. The Committee notes the Government’s indication in its report that, with a view to bringing the legislation into line with the Convention, the actuarial department conducted a study entitled “Actuarial financial analysis of the occupational risk programme”, but a national consensus had not been reached regarding a reform of compensation for occupational accidents. The Committee recalls that the Convention requires, save for the exceptions it establishes, legislation on compensation for occupational accidents that provides for conditions at least equal to those provided by the Convention and, under Article 2(1) shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee notes the measures taken and, recalling the possibility of seeking technical assistance from the Office, requests the Government to indicate the measures envisaged to bring sections 306 and 311 of the Labour Code into line with the relevant provisions of the social security legislation on compensation for occupational injury in order to guarantee the protection afforded by the Convention for all workers to which it applies.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. For a number of years the Committee has noted that neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. The Committee notes the Government’s indication that it is establishing a national forum for dialogue with a view to addressing the problems that could arise in the Social Security Fund (CSS) programme relating to invalidity, old age and death. While taking due note of this information, the Committee trusts that, whether through the forum for dialogue mentioned by the Government or the Commission for bringing national legislation into line with the ILO Conventions, the necessary measures will be adopted in order to comply with Article 7 of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group, the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, (see GB.328/LILS/2/1). Conventions Nos 102 and 121 reflect a more modern approach to compensation in the event of employment injuries and occupational diseases. The Committee therefore encourages the Government to give effect to the Governing Body’s decision adopted at its 328th Session (November 2016) to approve the recommendations of the SRM tripartite working group and to consider ratifying Conventions Nos 102 (Part IV) and 121, as most up-to-date instruments in this subject area.

CMNT_TITLE

The Committee recalls that for many years it has been drawing the Government’s attention to the need to amend certain provisions of the Labour Code and of the social security legislation in relation to compensation for employment injury with a view to giving effect to Articles 5 and 7 of the Convention.

Article 5 (in conjunction with Article 2(1)). Payment of compensation in the form of periodical payments without limit of time. The Committee recalls that workers who are not covered by the compulsory social security scheme are governed by the provisions of the Labour Code respecting compensation for employment injury, which in such cases only guarantee them the provision of benefit for a period of 12 months at the expense of the employer. In this respect, the Committee has requested the Government on numerous occasions to amend sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time in the event of an occupational accident resulting in permanent incapacity or death. In its reply, the Government reiterates the reasons put forward previously to the effect that, in order to amend these provisions, it is necessary to undertake actuarial studies and to have the agreement of the sectors concerned in relation to occupational risks. The Committee deplores the fact that over almost two decades the Government has not undertaken the necessary actuarial studies and has not initiated dialogue with the social partners with a view to undertaking the reforms indicated.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. In its previous comments, the Committee emphasized that, neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. In this respect, the Government indicates in its report that “... at the present time, there has been no initiative in this respect either by the social partners, or by the executive authorities”.

The Committee regrets to note that the Government has not, for such a long period, taken any steps to initiate the reform process of the legislation on employment risks and it urges the Government to take appropriate measures in the near future to bring its legislation into conformity with Articles 5 and 7 of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

The Committee noted previously that, according to the information provided by the Government in its last report, the necessary measures to bring the provisions of the national legislation fully into conformity with the Convention had not yet been adopted. The Government indicates in this respect that it has not been in a position to adopt the necessary amendments in view of the lack of consensus between the social partners concerning an amendment to the national legislation. The Committee recalls that for many years it has been drawing the Government’s attention to the need to amend certain provisions of the Labour Code and the social security legislation in relation to compensation for employment injury. When ratifying the Convention in 1958, the Government made a commitment to adopt all the necessary measures to give effect to its provisions. In these circumstances, the Committee deplores the lack of progress achieved in bringing the national legislation into conformity with the Convention and is bound to draw the Government’s attention once again to the following points.

Article 5 of the Convention (in conjunction with Article 2, paragraph 1). Payment of compensation in the form of periodical payments without limit of time. In its previous comments, the Committee emphasized the need to amend sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time in the event of an occupational accident resulting in permanent incapacity or death. Indeed, workers who are not covered by the compulsory social security scheme are governed by the provisions of the Labour Code respecting compensation for employment injury, which in such cases only guarantee them the provision of benefit for a period of 12 months at the expense of the employer.

Under the terms of Article 2, paragraph 1, of the Convention, all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private, have to be guaranteed the protection afforded by the Convention, with the second paragraph of this Article enumerating limitatively the exceptions authorized by the Convention. Accordingly, workers covered by the Convention but who are not covered by the social security scheme also have to benefit from the protection afforded by the Convention. The Committee notes from the statistical data provided by the Government that the number of workers paying contributions to the social security scheme was around 730,000 in 2005. However, the Government does not specify the total number of employees in the country, as it was requested to do, so that the Committee could compare the number of persons covered by the social security scheme with the total number of workers. The Committee therefore once again requests the Government to provide this information with its next report and trusts that the Government will be in a position to align sections 306 and 311 of the Labour Code with the relevant provisions of the social security legislation respecting compensation for employment injury so as to guarantee the protection afforded by the Convention for all workers to whom it is applicable.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. In its previous comments, the Committee emphasized that neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. In its report, the Government refers to the adoption, during the period covered by the report, of Act No. 51 of 27 December 2005 reforming the Constituent Act of the Social Security Fund. However, this new text has not taken into account the Committee’s comments with regard to the need to bring the national legislation into conformity with this provision of the Convention in view of the lack of consensus on the subject between the social partners and the economic difficulties faced by the country. While taking due note of this information, the Committee once again hopes that the Government will be able to re-examine this matter and take the necessary measures to give effect to this provision of the Convention, which is intended to guarantee the provision of additional compensation to injured workers whose condition requires the constant help of another person.

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

CMNT_TITLE

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

The Committee noted previously that, according to the information provided by the Government in its last report, the necessary measures to bring the provisions of the national legislation fully into conformity with the Convention had not yet been adopted. The Government indicates in this respect that it has not been in a position to adopt the necessary amendments in view of the lack of consensus between the social partners concerning an amendment to the national legislation. The Committee recalls that for many years it has been drawing the Government’s attention to the need to amend certain provisions of the Labour Code and the social security legislation in relation to compensation for employment injury. When ratifying the Convention in 1958, the Government made a commitment to adopt all the necessary measures to give effect to its provisions. In these circumstances, the Committee deplores the lack of progress achieved in bringing the national legislation into conformity with the Convention and is bound to draw the Government’s attention once again to the following points.

Article 5 of the Convention (in conjunction with Article 2, paragraph 1). Payment of compensation in the form of periodical payments without limit of time. In its previous comments, the Committee emphasized the need to amend sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time in the event of an occupational accident resulting in permanent incapacity or death. Indeed, workers who are not covered by the compulsory social security scheme are governed by the provisions of the Labour Code respecting compensation for employment injury, which in such cases only guarantee them the provision of benefit for a period of 12 months at the expense of the employer.

Under the terms of Article 2, paragraph 1, of the Convention, all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private, have to be guaranteed the protection afforded by the Convention, with the second paragraph of this Article enumerating limitatively the exceptions authorized by the Convention. Accordingly, workers covered by the Convention but who are not covered by the social security scheme also have to benefit from the protection afforded by the Convention. The Committee notes from the statistical data provided by the Government that the number of workers paying contributions to the social security scheme was around 730,000 in 2005. However, the Government does not specify the total number of employees in the country, as it was requested to do, so that the Committee could compare the number of persons covered by the social security scheme with the total number of workers. The Committee therefore once again requests the Government to provide this information with its next report and trusts that the Government will be in a position to align sections 306 and 311 of the Labour Code with the relevant provisions of the social security legislation respecting compensation for employment injury so as to guarantee the protection afforded by the Convention for all workers to whom it is applicable.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. In its previous comments, the Committee emphasized that neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. In its report, the Government refers to the adoption, during the period covered by the report, of Act No. 51 of 27 December 2005 reforming the Constituent Act of the Social Security Fund. However, this new text has not taken into account the Committee’s comments with regard to the need to bring the national legislation into conformity with this provision of the Convention in view of the lack of consensus on the subject between the social partners and the economic difficulties faced by the country. While taking due note of this information, the Committee once again hopes that the Government will be able to re-examine this matter and take the necessary measures to give effect to this provision of the Convention, which is intended to guarantee the provision of additional compensation to injured workers whose condition requires the constant help of another person.

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

CMNT_TITLE

The Committee noted previously that, according to the information provided by the Government in its last report, the necessary measures to bring the provisions of the national legislation fully into conformity with the Convention had not yet been adopted. The Government indicates in this respect that it has not been in a position to adopt the necessary amendments in view of the lack of consensus between the social partners concerning an amendment to the national legislation. The Committee recalls that for many years it has been drawing the Government’s attention to the need to amend certain provisions of the Labour Code and the social security legislation in relation to compensation for employment injury. When ratifying the Convention in 1958, the Government made a commitment to adopt all the necessary measures to give effect to its provisions. In these circumstances, the Committee deplores the lack of progress achieved in bringing the national legislation into conformity with the Convention and is bound to draw the Government’s attention once again to the following points.

Article 5 of the Convention (in conjunction with Article 2, paragraph 1). Payment of compensation in the form of periodical payments without limit of time. In its previous comments, the Committee emphasized the need to amend sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time in the event of an occupational accident resulting in permanent incapacity or death. Indeed, workers who are not covered by the compulsory social security scheme are governed by the provisions of the Labour Code respecting compensation for employment injury, which in such cases only guarantee them the provision of benefit for a period of 12 months at the expense of the employer.

Under the terms of Article 2, paragraph 1, of the Convention, all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private, have to be guaranteed the protection afforded by the Convention, with the second paragraph of this Article enumerating limitatively the exceptions authorized by the Convention. Accordingly, workers covered by the Convention but who are not covered by the social security scheme also have to benefit from the protection afforded by the Convention. The Committee notes from the statistical data provided by the Government that the number of workers paying contributions to the social security scheme was around 730,000 in 2005. However, the Government does not specify the total number of employees in the country, as it was requested to do, so that the Committee could compare the number of persons covered by the social security scheme with the total number of workers. The Committee therefore once again requests the Government to provide this information with its next report and trusts that the Government will be in a position to align sections 306 and 311 of the Labour Code with the relevant provisions of the social security legislation respecting compensation for employment injury so as to guarantee the protection afforded by the Convention for all workers to whom it is applicable.

Article 7. Provision of additional compensation to workers suffering employment injury when their condition requires the constant help of another person. In its previous comments, the Committee emphasized that neither the Labour Code nor the social security legislation concerning compensation for employment injury (Decree No. 68 of 31 March 1970) provides for the granting of additional compensation to injured workers whose condition requires the constant help of another person. In its report, the Government refers to the adoption, during the period covered by the report, of Act No. 51 of 27 December 2005 reforming the Constituent Act of the Social Security Fund. However, this new text has not taken into account the Committee’s comments with regard to the need to bring the national legislation into conformity with this provision of the Convention in view of the lack of consensus on the subject between the social partners and the economic difficulties faced by the country. While taking due note of this information, the Committee once again hopes that the Government will be able to re-examine this matter and take the necessary measures to give effect to this provision of the Convention, which is intended to guarantee the provision of additional compensation to injured workers whose condition requires the constant help of another person.

[The Government is asked to reply in detail to the present comments in 2008.]

CMNT_TITLE

The Committee notes the information supplied by the Government in its last report as well as the full statistical data contained in the Social Insurance Fund statistics bulletin for 1996.

Article 5 of the Convention (in conjunction with Article 2, paragraph 1).  In reply to the Committee’s previous comments on the need to amend the provisions of sections 306 and 311 of the Labour Code in order to provide for the payment of compensation in the form of periodical payments without limit of time in the event of an occupational accident resulting in permanent incapacity or death, the Government indicates that social security legislation concerning compensation for occupational injuries provides, in the contingency cited, a payment in compliance with this provision of the Convention. While noting this information, the Committee recalls that, pursuant to section 305 of the Labour Code, compensation for occupational injury for workers who are not covered by the compulsory social security scheme shall be governed by the provisions of the Labour Code (articles 304 to 325). In order to appreciate fully the manner in which effect is given to this provision of the Convention by the occupational injury compensation scheme of the Social Security Fund, the Committee would be grateful if the Government would provide statistical information on the number of employees actually covered by this scheme as compared with the total number of employees. In this regard, it recalls that pursuant to Article 2, paragraph 1, of the Convention, all workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private, shall be covered. The Committee also expresses the hope that when the Labour Code is next revised, in order to avoid any ambiguity the Government will have no difficulty in aligning sections 306 and 311 of the Code on the relevant provisions of the social security legislation concerning compensation for occupational injury.

Article 7.  In its previous comments, the Committee emphasized that neither the Labour Code nor social security legislation concerning compensation for occupational injury (Decree No. 68 of 31 March 1970) contains a provision for granting supplementary compensation to the victims of industrial accidents whose condition requires the constant help of another person. The Government indicates in this regard in its report that the Social Security Fund grants victims suffering from permanent total incapacity a monthly pension corresponding to 60 per cent of their previous salary. The Government adds that the level of this pension is higher than that paid in the event of permanent total incapacity under the Labour Code (40 per cent) and that it can therefore be deemed that this rate of 60 per cent includes a supplementary compensation which is granted automatically without being restricted to the periods during which the victim requires the assistance of another person. The Committee notes this information; however, it does not consider in the present case that there are grounds for comparing the rate of compensation paid to a victim suffering from permanent total incapacity by virtue of social security legislation with that paid by virtue of the Labour Code. In fact, the purpose of Article 7 of the Convention is to provide certain of these victims with supplementary compensation when their condition requires the constant help of another person in order to provide them with the means of bearing the financial burden entailed in such help. But, in the specific case of these victims, social security legislation does not provide any supplementary compensation. The Committee therefore hopes that the Government will be able to re-examine this matter and take the necessary measures to give effect to this provision of the Convention. In this regard, it recalls that in its report provided in 1975 the Government mentioned a Bill intended to supplement legislation with a provision providing the supplementary compensation in question.

CMNT_TITLE

Articles 5 and 7 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Government states that the draft Bill to amend sections 306 and 311 of the Labour Code is still under examination, but that the financial situation of the Social Insurance Fund, although it has improved slightly, does not yet permit the implementation of the changes contained in the draft text. In these circumstances, the Committee is bound to hope once again that the Government will make every effort to take the necessary measures in the near future to give full effect in law and practice to these Articles of the Convention which provide, respectively, for the payment of compensation in the form of periodical payments without limit of time in the even of permanent incapacity or death, as well as the provision of additional compensation in cases where the injury results in the injured workman requiring the constant help of another person. It requests the Government to indicate any progress achieved in this respect in its next report. Labour Code

CMNT_TITLE

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

Articles 5 and 7 of the Convention. With reference to its previous comments, the Committee notes that the draft Bill to amend sections 306 and 311 of the Labour Code has not yet been adopted. The Government describes the serious economic problems affecting Panama, which have seriously affected the financial situation of the Social Insurance Fund, and indicates that the Fund will undertake an actuarial examination of the consequences involved in changes and readjustments in its financial situation. The Committee notes this information with interest and, while it understands the above considerations, hopes that the planned actuarial study will result in the subsequent adoption of the Bill in order to give full effect to these provisions of the Convention. The Committee requests the Government to supply information on any progress achieved in this respect.

CMNT_TITLE

The Committee notes the statistical information supplied by the Government in its reports concerning the benefits awarded in respect of industrial accidents and occupational diseases, and on the application of the Convention for the period 1984-88.

Articles 5 and 7 of the Convention. With reference to its previous comments, the Committee notes that the draft Bill to amend sections 306 and 311 of the Labour Code has not yet been adopted. The Government describes the serious economic problems affecting Panama, which have seriously affected the financial situation of the Social Insurance Fund, and indicates that the Fund will undertake an actuarial examination of the consequences involved in changes and readjustments in its financial situation. The Committee notes this information with interest and, while it understands the above considerations, hopes that the planned actuarial study will result in the subsequent adoption of the Bill in order to give full effect to these provisions of the Convention. The Committee requests the Government to supply information on any progress achieved in this respect.