Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Panama (Ratification: 1958)

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.