Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Panama (Ratification: 1959)

Article 7 of the Convention. Temporary exceptions. Annual limit on the number of additional hours and overtime pay. The Committee notes with regret that the Government is still not in a position to report any progress concerning the amendment of section 36(4) of the Labour Code to establish an annual limit to the number of overtime hours that workers may be required to perform in the case of temporary exceptions – a point on which the Committee has been commenting for more than 30 years. In its latest report, the Government refers once again to the lack of consensus among the social partners justifying the lack of progress on this matter. Recalling that the Government is ultimately responsible for ensuring the conformity of the national legislation with the requirements of the Convention, the Committee urges the Government to take without further delay the necessary measures in order to introduce a reasonable annual limit to the number of additional hours authorized in the context of temporary exceptions, as required under Article 7(3) of the Convention.

In addition, with respect to the overtime limits applicable in the public sector, the Committee notes the Government’s indication that a tripartite Working Subcommittee on Administrative Careers has been set up within the Tripartite Accord Committee and is expected to examine all aspects of the labour legislation applicable to civil service, including overtime work, and its conformity with ratified ILO Conventions. The Committee trusts that the tripartite working group will take due consideration of the Committee’s previous comments and will recommend appropriate action, particularly with a view to setting an annual limit on the number of authorized overtime hours, as required under Article 7(3) of the Convention, and fixing the rate of overtime pay in conformity with Article 7(4) of the Convention. The Committee requests the Government to keep the Office informed of further developments in this regard and to transmit a copy of any new text once it has been adopted.

[The Government is asked to reply in detail to the present comments in 2014.]