Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 3) sur la protection de la maternité, 1919 - Panama (Ratification: 1958)

The Committee notes the Government’s report received in 2009 replying to its 2008 observation and direct request, as well as the Government’s response received in 2008 replying to the comments made in 2006 and 2007 by the National Federation of Public Employees and Public Service Enterprise Workers (FENASEP).

Article 1 of the Convention. Coverage. In reply to its previous observation soliciting information on the manner in which the provisions relating to maternity protection are applied in practice to women employed in export processing zones, the Government states that at present export processing zones do not exist anymore. Other sources however, indicate that the so-called free trade zones, most notably the Colon Free Zone, are currently operating in Panama (see for example www.dobusinnessinpanama.com). The Committee asks the Government to explain to what extent and in what manner maternity protection (maternity leave, nursing breaks and protection against dismissal) is guaranteed in law and practice to women working in the Colon Free Zone and other free trade zones in Panama.

Article 3, paragraph (c). Maternity benefit provided to women who do not meet the conditions for entitlement under social insurance. In Panama, according to section 107 of the Labour Code, private employers are obliged to pay the benefits or part of the benefits for women employees who do not fulfil the conditions of entitlement to maternity cash benefits from the Social Security Fund. Taking into account that making employers directly liable for the costs of benefits due to their women employees may, as a rule, result in their discrimination on the labour market, the Committee asks the Government to study the possibility of replacing employers’ liability by social security benefits provided out of public funds.

Article 3, paragraph (d). Nursing breaks. 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 per day. The Government states that the 15‑minute nursing breaks every three hours are rarely used in practice, but remains silent as to the use of the other option of two half-hour breaks per day. Instead, the report argues that research in different South American countries shows that nursing may affect the health of the mother and child due to the high incidence of pesticides in the mother’s milk. The report indicates, for example, that the use of agrochemicals in the agricultural sector and the substances contained in the textiles in the confection industry may cause chronic effects for nursing women working in these sectors and their newborns. The Committee would be grateful if the Government would supply copies of the studies establishing the presence of toxic substances in maternal milk and state what measures have been taken or are contemplated in order to improve conditions of work in the sectors of activity concerned. The Committee also wishes to emphasize that 15-minute nursing breaks every three hours do not enable effect to be given to Article 3(d) of the Convention. It therefore requests the Government to formulate, in consultation with the social partners and representative organizations of women workers, practical recommendations giving effect to the second option offered by section 114 of the Labour Code which provides, in conformity with the Convention, that every woman worker shall have the right to two half-hour nursing breaks.

Article 4. Employment protection. FENASEP draws attention to numerous cases of the non-renewal of fixed-term contracts of pregnant women or women on maternity leave reported in the public sector. Taking into account the number of such cases brought to the Committee’s attention, and the fact that fixed-term contracts should not be used to circumvent the legislation protecting pregnant women or women on maternity leave, the Committee hopes that all existing procedures including the Bipartite Commission Ministry of Labour and Employment Development (MITRADEL)-FENASEP, would be used in order to investigate and follow up on these cases, and that the Government will provide in its next report information on the measures taken in this respect so as to avoid maternity-based discrimination of women whose fixed-term contracts terminate during the period protected by the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]