Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Private Employment Agencies Convention, 1997 (No. 181) - Panama (Ratification: 1999)

The Committee notes the Government’s first report on the application of the Convention, which contains detailed information on the licences granted by the General Directorate of Employment and statistics on the placements made by private employment agencies. The Committee would be grateful if the Government would include information in its next report on the following matters.

Article 6 of the Convention. The Government indicates in its report that the processing of the personal data on each worker entered by private employment agencies is for strictly internal use and is confidential for each of the agencies, except for relevant mediation actions to achieve their integration into the labour market. The Committee refers to Paragraphs 11 and 12 of the Private Employment Agencies Recommendation, 1997 (No. 188), and would be grateful if the Government would continue to provide information on the measures adopted to ensure the protection of workers’ data.

Article 10. The Committee notes that the Vocational Guidance Section of the General Directorate of Labour is entrusted with dealing with complaints relating to the activities of private employment agencies. Please describe the functioning of the machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Article 11(j). The Committee notes that the provisions of sections 105 to 116 of the Labour Code refer to maternity protection and benefits. Please indicate whether measures have been taken, in accordance with national law and practice, to ensure protection for workers employed by private employment agencies in relation to parental protection and benefits.

Article 12. The Government indicates in its report that workers engaged by private employment agencies are also covered by the legislation envisaged in the Labour Code, where responsibilities are allocated specifically to the employer. The workers are also covered in general terms by the social security scheme of the Social Security Fund. The Committee would be grateful if the Government would indicate in its next report the way in which the respective responsibilities are allocated, in accordance with national law and practice, of private employment agencies providing the services referred to in Article 1, paragraph 1(b), and of user enterprises in the fields enumerated in Article 12 of the Convention.