Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention, 1919 (No. 3) - Panama (Ratification: 1958)

Article 3(c) of the Convention. Maternity benefits provided to women who do not meet the conditions for entitlement under social insurance. In its previous comments, the Committee requested that the Government consider the possibility of extending the “compensation” mechanism by means of a lump-sum benefit, provided for in section 1(14) of Organic Act No. 51 on the Social Security Fund, to pregnant women who do not meet the legal requirements for entitlement to the maternity subsidy provided by the Social Security Fund, so as to relieve employers of the obligation to cover directly the costs of the benefits due to women they employ. In this regard the Committee notes the Government’s indication that the financial benefits provided to women who do not meet the conditions for entitlement to maternity benefit are more favourable than the “compensation” mechanism provided for by Organic Act No. 51 on the Social Security Fund.

Article 3(d). Nursing breaks. In its previous comments, the Committee noted that section 114 of the Labour Code gives women workers nursing their children the choice between 15-minute breaks every three hours or two half-hour breaks a day. In this respect, the Government stated previously that, in practice, the first option is seldom used. The Committee notes with interest the amendment to section 36 of Executive Decree No. 1457 of 30 October 2012, which allows the working time of workers nursing their children to be reduced by one hour at the beginning or end of the day, in addition to other options (four 15-minute breaks or two 30-minute breaks), to improve the application of this provision of the Convention. The Committee requests the Government to provide information on the application of this provision in practice, including statistical information in relation to the same and details about any complaint concerning its application.