Panama's state workers conquer the right to organize

On August 21, 2017, the Minister of Labor and Labor Development (MITRADEL) of Panama, Luis Ernesto Carles, and authorized by the Cabinet Council, presented for the consideration of the National Assembly of Deputies, Bill No. 036- 17, "That regulates the Collective Labor Relations in the Public Sector".

The Bill brought together the consensus of the Government, the business council (National Council of Private Enterprise - CONEP) and the main trade union centers: The National Council of Organized Workers - CONATO - and the National Confederation of Independent Trade Union Unity - CONUSI.

In the Explanatory Memorandum of the Bill, the presentation of the legislative initiative is justified in the following terms:

"For more than twenty-five years, the Republic of Panama has maintained serious observations by the Governing Bodies of the International Labor Organization (ILO) concerning the application of Conventions 87 and 98 on freedom of association and collective bargaining for non- to attend to the recognition of the right of association and collective bargaining in the Public Sector.

The current situation in the public sector in terms of collective labor law, is the existence of associations rather than unions, there being no prior conciliation procedure, as a budget to raise a collective labor dispute, which brings Consequence of the so-called de facto strikes in the public sector. " 

The most important articles recognize the right of public officials to form trade union organizations, as follows:

Article 3. Public servants may form trade union organizations. Without prior authorization and affiliation to them, whatever the trade, profession or sector in which they render services.

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Article 5. The right of association is recognized to civil servants, under the protection of trade union organizations ...,

Article 7. The trade union organizations that are constituted in accordance with the present Law will be legal persons capable of exercising rights and contracting obligations and will be exempt from covering the national taxes that weigh on their goods.

 Article 8. Associations or guilds of civil servants with labor claim activity must make their union registration to raise collective labor disputes before the institution that provides service.

The project requires a legislative process to become law, but considering the tripartite consensus reached, no problems are expected in its approval.

Panama becomes the country with the greatest progress in terms of trade union rights, even surpassing Costa Rica, where the right to organize in the private sector is practically zero because of the fierce opposition of an ultraconservative corporate cupula. Contray to what happens in Panama.

The text of the Bill can be downloaded here.