Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Plantations Convention, 1958 (No. 110) - Panama (Ratification: 1971)

The Committee notes the observations of the National Confederation of United Independent Unions (CONUSI), received on 31 August 2018. The Committee requests the Government to send its comments in this regard.

Articles 5 to 19 of the Convention. Engagement and recruitment of migrant workers. In its previous comments, the Committee requested up-to-date information from the Government concerning the impact of the measures introduced within the framework of various bilateral agreements concluded between Panama and Costa Rica on the recruitment and conditions of recruitment and employment of migrant workers on plantations. The Committee notes that the Government does not provide information on this matter in its report and merely indicates that the aforementioned bilateral agreements have not had a significant impact as very few migrant workers are recruited in the plantation sector, specifically on sugar cane and coffee plantations. Furthermore, in its observations, CONUSI states that the number of palm oil plantations has increased in recent years, reducing the numbers of other types of plantations. CONUSI states that most workers on these plantations belong to indigenous groups who emigrate from one region to another. The Committee requests the Government to provide specific information on the engagement and recruitment of men and women migrant plantation workers, including both internal and foreign migrants, and to specify the number of persons involved in this type of work (disaggregated by sex), their working conditions and the types of plantation on which they are employed.

Articles 24 to 35. Wages. The Committee notes the information sent by the Government on the adoption of Executive Decree No. 293 of 22 December 2015 and Executive Decree No. 75 of 26 December 2017, which set the minimum hourly wages for agricultural workers and have increased wages in comparison to the period covered in the previous report. The Government also indicates that measures have been adopted with a view to encouraging the fixing of minimum wages by means of collective agreements concluded between the employers’ and workers’ organizations. The Committee requests the Government to specify the measures adopted to encourage the fixing of minimum wages through collective agreements concluded freely between the trade unions representing the workers concerned and the employers or employers’ organizations. The Committee also once again requests the Government to provide information on the application in practice of the minimum hourly wage in the plantation sector, including statistical information concerning the results of labour inspections in this respect.

Articles 71 to 84. Labour inspection. With regard to the Committee’s previous comments, the Government reports the introduction of various measures to enhance the capacity of labour inspectors, such as the implementation of training and continued learning programmes given by experienced technical staff from the National Directorate for Labour Inspection and further training in cooperation with private universities and different departments of the Ministry of Labour and Labour Development. The Government adds that the wages of labour inspectors have been increased and the Single System for Labour Inspection (SUIT) has been introduced, which, by digitizing the information collected by labour inspectors, will allow for an increase in the number of inspections conducted, improved monitoring of inspection tasks, the production of statistics and more detailed follow-up for cases. However, the Committee notes CONUSI’s statement that labour inspections are few in number and are not conducted properly, as the interior of the property where the workers can be found is not inspected. Lastly, the Committee notes the statistical information provided by the Government on the inspections carried out between 2014 and 2018. The Committee observes that this information still refers to the agricultural sector in general and not specifically to the plantation sector or its workers. The Committee also requests the Government to continue providing information regarding the measures implemented to enhance the capacities of labour inspectors specifically in the plantation sector. Furthermore, the Committee once again requests the Government to supply information, including statistics disaggregated by age and sex, on the number of inspections conducted on plantations, their results and the penalties imposed for any violations.

Articles 85 to 88. Housing. The Committee notes that the Government indicates once again, in response to its previous comments, that section 128(12) of the Labour Code provides that, where employers have undertaken to provide workers with accommodation, they are under an obligation to provide those workers with clean housing which meets the standards and specifications laid down by the labour authorities. The Government cites several examples of collective agreements concluded between enterprises and workers’ organizations in the plantation sector that establish housing conditions for workers which are more favourable than those established in the abovementioned section of the Labour Code. The provisions of these collective agreements include benefits such as: the requirement to provide decent accommodation for workers who have to stay in lodgings and for those who have to work in remote locations; a supply of drinking water and adequate electricity in accommodation; and a permanent refuse collection service. The Committee also notes that the Ministry of Labour and Labour Development conducts periodic inspections, together with representatives of workers’ organizations, in different lodgings with the aim of verifying, inter alia, the conditions of accommodation provided for workers. The Committee requests the Government to send information on the established minimum standards and conditions with regard to workers’ accommodation on all plantations in the country, in particular: (a) the construction materials to be used; (b) the minimum size of accommodation, its layout, ventilation, and floor and air space; and (c) verandah space, cooking, washing, storage, water supply and sanitary facilities (Article 86(2)). The Committee also requests the Government to provide information on the results of the inspections conducted in plantations with respect to the conditions of accommodation provided for workers.

Articles 89 to 91. Medical care. With regard to its previous comments, the Committee notes that the Government recalls that the national legislation requires that all workers, including plantation workers, be insured by the Social Security Fund. The Committee observes that the legislation establishes a deadline of one month for seasonal agricultural workers and three months for seasonal workers on coffee plantations for registration by the employer with the social security system. The Government indicates that the characteristics of this type of activity, which are often seasonal, irregular and non-continuous and in which the worker often has several employers, hamper the registration or identification of workers for the purposes of coverage by the Social Security Fund. CONUSI reports irregularities in the fulfilment of the requirement to register plantation workers with the Social Security Fund, general issues of worker health and a lack of safety measures. The Committee also notes the statistical information communicated by the Government regarding the number of workers registered with the Social Security Fund, which, as in previous reports, only covers agricultural workers and does not provide specific information on plantation workers. The Committee requests the Government to provide information on the measures adopted to encourage the provision of adequate medical services to men and women plantation workers and their families, and the results achieved by such measures. The Committee also requests the Government to provide information on the consultations held in that respect with the representatives of the employers’ and workers’ organizations concerned (Article 89). The Committee also once again requests the Government to provide statistical information, disaggregated by sex, that specifies the number of plantation workers and their family members who are insured by the Social Security Fund.