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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s response to the 2018 observations of the National Confederation of United Independent Unions (CONUSI), transmitted on 18 November 2018. The Committee also notes the observations of CONUSI received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Articles 5–19 of the Convention. Engagement and recruitment of migrant workers. In its previous comments, the Committee asked the Government to provide specific information on the engagement and recruitment of internal and foreign migrant plantation workers. The Committee notes the Government’s general indication that many indigenous agricultural workers, both internal and foreign migrants, form part of the employed labour force, making a total of 370 workers with a registered contract (320 men and 50 women), and that all work in activities related to agriculture. Moreover, CONUSI indicates in its 2021 observations that the Government does not provide specific information in its reply on whether these agricultural workers are plantation workers or perform activities related to agriculture in general. CONUSI also considers that the figures supplied reflect a worryingly deficient recording of the situation of internal and foreign migrant workers who work in the production of coffee, sugar cane, bananas, cocoa, coconuts and other crops on various plantations, where indigenous migrant workers form the main labour force for these activities. CONUSI indicates that, in order to work on the plantations at harvest time, many indigenous foreign migrants move from Costa Rica with their families (wives and young children who also help with the work), without any migration controls. CONUSI also points out that the internal migration of persons for work on plantations occurs more frequently from the indigenous area of the country, but that the Government does not provide any information on the number of these workers or their living and working conditions. In this regard, the Committee refers the Government to its 2020 comments on the application of the Labour Inspection Convention, 1947 (No. 81), in which it asked the Government to strengthen its efforts to collect and disseminate data on the application of migrant workers’ labour rights. In this context, the Committee recalls that that the successful regulation and transparent management of recruitment of migrant workers plays an important role in effectively suppressing irregular migration and reducing labour migration in abusive conditions (see 2016 General Survey, Promoting fair migration, paragraph 256). Noting that the Government does not provide any information on the working conditions of internal and foreign migrant plantation workers, particularly indigenous workers, or on the types of plantation on which they are employed, the Committee requests the Government to provide detailed information in this respect. The Committee also requests the Government to continue providing information on the number of persons involved in this type of work (disaggregated by sex, age and migration status (whether they are international or internal migrants)), and to indicate the types of plantation on which they are employed.

Articles 24–35. Wages. The Committee notes the Government’s indication that the measures adopted to encourage the fixing of minimum wages through collective agreements include one of the components of the Strategic Plan 2019–24, namely the Hombro a hombro (shoulder to shoulder) plan. The aim of the latter is to stimulate and support the agricultural sector in the country. The Government also refers to the implementation of training programmes for officials of the Labour Directorate, aimed at equipping them with various negotiation techniques. The Government further refers to Executive Degree No. 424 of 31 December 2019, which fixes the hourly wage throughout the country according to region, economic activity, occupation and size of enterprise. The Committee notes the Government’s indication that between 2019 and 2020 only three collective agreements were concluded in the agriculture, livestock farming, hunting, forestry, aquaculture and fishing sector. However, the Committee observes that the Government does not indicate whether these collective agreements cover plantation workers. The Committee also notes the statistical data on inspections conducted between 2018 and April 2021 in the above-mentioned sector, indicating that, of the 1,650 inspections conducted between April 2018 and April 2021, only 778 enterprises (47 per cent) paid the statutory minimum wage. Moreover, the Committee notes that these statistics do not enable specific identification of the number and results of labour inspections carried out in the plantation sector. The Committee therefore requests the Government to take the necessary steps to collect information on the application in practice of the minimum hourly wage throughout the plantation sector, in particular statistical information on the results of labour inspections in this sphere. The Committee also requests the Government to continue providing detailed, up-to-date information on the measures taken to encourage the fixing of minimum wages through collective agreements concluded freely between the trade unions representing plantation workers and the employers or employers’ organizations, and on the impact of such measures in practice, for example, the impact of the training given to officials of the Labour Directorate. The Committee further requests the Government to provide copies of any collective agreements applicable to the plantation sector.

Articles 71–84. Labour inspection. The Government indicates that various capacity-building measures have been introduced for labour inspectors, such as: (i) strengthening the labour inspection system to enable inspections to verify compliance with the labour regulations, including those related to COVID-19 preventive measures, which also apply to plantations, and also to verify the actual reactivation of contracts of workers who were suspended during the pandemic, and to ensure their gradual reinstatement; and (ii) training courses for labour inspectors. Moreover, the Committee notes that the statistical information provided by the Government on inspections conducted between 2018 and April 2021 continues to refer to the agricultural sector in general and not specifically to the plantation sector. The Government also indicates that inspectors from the Ministry of Labour and Employment Development (MITRADEL), together with representatives of the Ombudsman’s Office, have begun to inspect agricultural estates in Chiriquí province, in order to find out the workers’ concerns regarding their employment. The Government adds that in June 2021 six estates were inspected. The Government indicates that it plans to develop the first training course on labour issues for producers and then for workers in agriculture. The Committee notes that CONUSI once again points out, in its 2021 observations, that few labour inspections take place in the provinces where most plantation-related projects are located. CONUSI also claims that inspectors lack specific training on plantation work. Moreover, the Committee notes with interest that, on 22 March 2022, the Government ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which will come into force on 22 March 2023. The Committee requests the Government to continue providing information on the capacity-building measures implemented for labour inspectors specifically in the plantation sector and the practical impact of these measures. Furthermore, recalling that for years it has been requesting the Government to communicate 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, the Committee once again urges the Government to provide this information. The Committee further requests the Government to send reports showing the results of the inspections conducted by inspectors from the Ministry of Labour, together with representatives of the Ombudsman’s Office on estates in Chiriquí province.

Articles 85–88. Housing. The Committee notes the Government’s indication that section 128(12) of the Labour Code requires the employer to provide workers with clean housing accommodation free of charge when the work is performed more than five kilometres away from the workers’ usual residence, unless the employer opts to cover transport costs. It nevertheless notes that this provision does not specify the minimum size of the accommodation, ventilation, floor and air space and veranda space . The Government adds that sections 282 et seq. of the Labour Code contain all the provisions relating to safety and health at work, including minimum requirements regarding drinking water and rest and recreation facilities for workers. The Government also indicates that the Labour Inspection Directorate at the Ministry of Labour conducts inspections at the national level for the purpose of enforcing these provisions. The Government further indicates that collective agreements incorporate benefits such as planned improvements in construction to enhance workers’ quality of life, and also coverage of the cost of group insurance and payment of an annual bonus for the workers. In this context, the Government refers to a collective agreement concluded between the Agriculture and Allied Industries Workers’ Union (SITRAPEID) and an enterprise engaged in the hydroponic cultivation of tomatoes; inter alia, the agreement requires the provision of camp accommodation for the workers. The Committee requests the Government to indicate the measures taken to ensure that the national legislation establishes minimum standards and conditions with regard to the accommodation of workers on all plantations in the country, as stipulated in Article 86(2) of the Convention. The Committee also once again requests the Government to send information on the results of the inspections conducted on plantations with respect to conditions in the accommodation provided for workers.

Articles 89–91. Medical care. The Government reiterates that the national legislation requires that all workers, including plantation workers, be insured by the Social Security Fund (CSS). Nevertheless, the Government indicates that the characteristics of this type of work, which is 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 CSS coverage. The Government also indicates that: (i) CSS occupational safety and health staff representatives held a seminar on the safe handling and use of pesticides for a group of workers and supervisors on estates in the agricultural and coffee sector; (ii) CSS officials held a meeting with representatives of producers from Tierras Altas in Chiriquí province, at which discussions included agricultural workers’ right to social security protection and the correct way to report payments to the CSS; (iii) in view of a number of complaints by the community regarding evasion of the employee/employer contribution, the CSS national director of revenue held a meeting on 23 June 2021 with producers from Tierras Altas and indicated that inspection visits would be carried out; and (iv) inspections to check working conditions, various medical examinations, and case studies on occupational accidents are being carried out. The Committee notes CONUSI’s claim that the authorities’ supervision of work on plantations is deficient and does not form part of its supervision agenda. Lastly, the Committee recalls that for years it has been asking the Government to provide statistical information on the number of plantation workers insured by the CSS; however, it once again notes that the Government provides statistical information on workers in agriculture in general but not specifically on plantation workers. The Committee requests the Government to continue sending information on the measures taken to ensure the provision of adequate medical services for 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 this respect with representatives of the employers’ and workers’ organizations concerned (Article 89). Noting that it has been asking for the following information since 2015, the Committee once again requests the Government to provide statistical information, disaggregated by age and sex, that specifies the number of plantation workers and their family members who are insured by the Social Security Fund (CSS).

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 5–19 of the Convention. Engagement and Recruitment of Migrant Workers. In its previous comment, the Committee requested information on the impact of the 14 May 2009 agreement between the Ministries of Labour of Panama and Costa Rica, which aimed at ensuring the protection of indigenous and tribal migrant workers. The Committee notes the Government’s information concerning the bilateral agreements it has concluded since the 2009 agreement, including: (i) the Migratory Agreement with Costa Rica on 20 September 2011; (ii) the Joint Declaration of the Presidents of Costa Rica and Panama on 1 December 2011, which declared a joint effort to improve migrant workers’ education and health; and (iii) the First Bilateral Meeting between Costa Rica and Panama to design a plan of action to monitor institutional agreements with respect to migration in Panama’s Los Santos Province. The Committee further notes the Government’s indication that the rate of indigenous worker migration from Panama to Costa Rica during the coffee harvest has been decreasing. The Committee requests the Government to continue to provide up-to-date information concerning the impact of its reported measures, particularly as regards to their impact on the recruitment and employment conditions of migrant plantation workers.

Articles 24–35 and 71–84. Wages and labour inspection. Further to its previous comment, the Committee notes the adoption of Executive Decree No. 263 of 21 December 2009, Executive Decree No. 240 of 28 December 2011, and Executive Decree No. 182 of 30 December 2013, which set the minimum hourly wage levels for agricultural workers. The Committee also notes the Government’s indication that labour inspectors had identified a large number of infractions concerning the implementation of the new minimum hourly wage in the agricultural sector. The Committee notes that, as in other areas of the Government’s report, the Government’s information concerns the agricultural sector in general and does not provide information concerning the plantation sector and its workers, specifically. The Committee notes, in this respect, the Government’s information concerning its efforts to increase the number of labour inspectors and to improve the efficiency of labour inspection services in the plantation sector. The Committee also notes the Government’s indication that it foresees creating a National Centre for the Training of Inspectors and Officials. The Committee requests the Government to continue to provide information concerning measures to enhance the capacity of the labour inspectors in the plantation sector, including any relevant information concerning the establishment of the National Centre for the Training of Inspectors and Officials. Furthermore, given the large number of infractions in the agricultural sector with respect to the implementation of the minimum wage, the Committee requests the Government to provide information on the application of the minimum hourly wage in the plantation sector in practice, including statistical information concerning the results of its labour inspections in this respect.

Articles 85–88. Housing. In its previous comment, the Committee requested further information concerning the minimum standards for the accommodation of plantation workers. The Committee notes, in this respect, the Government’s specimen work agreement, according to which the employer is required to provide free housing in acceptable sanitary conditions, free potable water in the provided housing, as well as certain other accommodations. The Committee welcomes this information but notes that it is not clear whether the provided agreement is demonstrative of all agreements with plantation workers. It recalls, in this respect, that the Convention requires minimum standards and specifications for accommodation, as enumerated in Article 86, to be laid down for all workers in all employment relationships. The Committee requests the Government to clarify whether the conditions for accommodation provided in its specimen work agreement are applied to all plantation workers. If not, the Committee requests the Government to take measures to lay down the minimum standards and specifications relating to the accommodations of plantation workers, as specified in Article 86 of the Convention.

Articles 89–91. Medical care. With respect to the statistical information on the number of plantation workers who are insured by the Social Security Fund, the Committee notes that the Government’s information, like previous reports, only covers agricultural workers and does not provide specific information on plantation workers. The Committee once again requests the Government to provide statistical information that specifically identifies the number of plantation workers and their family members who are insured by the Social Security Fund.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comment, the Committee notes the Government’s indication that the recruitment of foreign migrant workers to work on plantations is practically non-existent with the exception of the recruitment of workers from Costa Rica. In this regard, the Committee notes the signing, on 14 May 2009, of an agreement between the Ministries of Labour of Panama and Costa Rica aimed at ensuring the protection of indigenous and tribal migrant workers. It also notes that a standing technical committee will be set up soon to monitor migration flows. The Committee requests the Government to provide further information on the impact of this agreement on plantation workers. Furthermore, the Committee requests the Government to refer to the comments made in 2009 under the Indigenous and Tribal Populations Convention, 1957 (No. 107).

Part IV (Wages), Articles 24–35. Further to its previous comment concerning the manner in which minimum wage standards are applied to plantation workers, the Committee notes the adoption of Executive Decree No. 46 of 11 December 2007, which establishes the minimum wage rates applicable throughout the country. It notes that the new rates applicable represent an increase of around 20–30 per cent in the agricultural sector according to the size of the undertaking. Furthermore, the Committee notes the study carried out in 2007 by the Minimum Wage Technical Committee on the revision of the minimum wage, which indicates the methods for calculating the consumer price index and the value of the shopping basket. With regard to the application of Articles 1 and 4(2) of the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to refer to its 2012 comments under that Convention.

Part VII (Maternity protection), Articles 46–50. The Committee requests the Government to refer to its comments made in 2011 under the Maternity Protection Convention, 1919 (No. 3), in particular with regard to nursing breaks.

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made in 2012 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the detailed information provided by the Government concerning the measures taken to increase the number of inspectors and improve the efficiency of the labour inspection services, particularly in the plantation sector. With regard to the eradication of child labour on plantations, the Committee notes the establishment of the programme for the prevention and eradication of child labour in the agricultural sector and the introduction of inspections targeting the protection of children and young persons between the ages of 2 and 17 years. The Committee requests the Government to keep the Office informed of any progress made in this regard.

Part XII (Housing), Articles 85–88. The Committee notes that the Government’s report provides no new information on this matter. It recalls 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 Committee once again requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures taken or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89–91. Further to its previous comments, the Committee notes the statistics provided concerning the health services available in the country’s various provinces and the amounts paid in incapacity benefits during the period 2003–07. It notes, however, that the Government’s report contains no information on the number of plantation workers insured under the Social Security Fund, the scope of coverage of this insurance and the measures taken to encourage the provision of adequate medical services for workers who suffer from health problems due to exposure to pesticides and other chemicals on banana plantations. The Committee once again requests the Government to provide further information in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comment, the Committee notes the Government’s indication that the recruitment of foreign migrant workers to work on plantations is practically non-existent with the exception of the recruitment of workers from Costa Rica. In this regard, the Committee notes the signing, on 14 May 2009, of an agreement between the Ministries of Labour of Panama and Costa Rica aimed at ensuring the protection of indigenous and tribal migrant workers. It also notes that a standing technical committee will be set up soon to monitor migration flows. The Committee requests the Government to provide further information on the impact of this agreement on plantation workers. Furthermore, the Committee requests the Government to refer to its comments under the Indigenous and Tribal Populations Convention, 1957 (No. 107).

Part IV (Wages), Articles 24–35. Further to its previous comment concerning the manner in which minimum wage standards are applied to plantation workers, the Committee notes the adoption of Executive Decree No. 46 of 11 December 2007, which establishes the minimum wage rates applicable throughout the country. It notes that the new rates applicable represent an increase of around 20–30 per cent in the agricultural sector according to the size of the undertaking. Furthermore, the Committee notes the study carried out in 2007 by the Minimum Wage Technical Committee on the revision of the minimum wage, which indicates the methods for calculating the consumer price index and the value of the shopping basket. With regard to the application of Articles 1 and 4(2) of the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to refer to its 2008 comments under that Convention.

Part VII (Maternity protection), Articles 46–50. The Committee requests the Government to refer to its comments made under the Maternity Protection Convention, 1919 (No. 3), in particular with regard to nursing breaks.

Parts IX and X (Right to organize and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the detailed information provided by the Government concerning the measures taken to increase the number of inspectors and improve the efficiency of the labour inspection services, particularly in the plantation sector. With regard to the eradication of child labour on plantations, the Committee notes the establishment of the programme for the prevention and eradication of child labour in the agricultural sector and the introduction of inspections targeting the protection of children and young persons between the ages of 2 and 17 years. The Committee requests the Government to continue keeping the Office informed of any progress made in this regard.

Part XII (Housing), Articles 85–88. The Committee notes that the Government’s report provides no new information on this matter. It recalls 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 Committee once again requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures taken or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89–91. Further to its previous comments, the Committee notes the statistics provided concerning the health services available in the country’s various provinces and the amounts paid in incapacity benefits during the period 2003–07. It notes, however, that the Government’s report contains no information on the number of plantation workers insured under the Social Security Fund, the scope of coverage of this insurance and the measures taken to encourage the provision of adequate medical services for workers who suffer from health problems due to exposure to pesticides and other chemicals on banana plantations. The Committee once again requests the Government to provide further information in this regard.

Part V of the report form. Application in practice. The Committee notes the detailed statistics as well as the copies of collective agreements provided by the Government. The Committee requests the Government to continue providing general information on the application of the Convention in practice, including, for example: (i) information on labour inspections in the plantation sector (violations reported, penalties imposed, etc.); (ii) the types of plantation that exist in the country and the number of undertakings covered by the Convention; (iii) extracts from official reports on current social and economic conditions in the plantation sector, as well as any other information which would enable the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the provisions of the Labour Code on foreign workers and seasonal labour. The Committee requests the Government to provide information on the engagement and recruitment of migrant labour, both national and foreign, and to indicate the number of labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25.  In connection with the direct request of 2008 on Convention No. 26, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to specify the number of plantation workers covered by statutory minimum wage rates and of those covered by minimum wage rates determined by collective agreements, and to provide information on the incidence of the minimum wage on workers’ purchasing power in terms of a basic basket of goods. Please also provide reports of labour inspections carried out in the plantation sector to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the observation and the direct request addressed to the Government in 2008 on the application of Articles 1 and 4, paragraph 2, of Convention No. 95 and trusts that the Government will take the measures necessary without delay to bring its legislation into full conformity with the provisions of the Convention.

Parts IX and X (Right to organise and collective bargaining; freedom of association), Articles 54 to 70. See the observations made under Conventions Nos 98 and 87 in 2007 and 2008 respectively.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes the information provided by the Government in reply to its last comment, indicating that the labour inspectorate currently has 45 inspectors covering 631 agricultural enterprises and more than 150,000 workers. The Committee requests the Government to indicate the measures adopted or envisaged to increase the number of inspectors and to improve the effectiveness of the labour inspection services in the plantation sector. With reference to the direct request addressed to the Government in 2008 on Convention No. 81, the Committee requests the Government to keep it informed of any developments in the labour inspection projects under way, including the campaign to combat child labour on plantations.

Part XII (Housing), Articles 85 to 88. The Committee notes that section 128(12) of the Labour Code establishes that where the provision of housing is mandatory, employers must provide workers with clean housing, and that the housing shall meet the standards and specifications laid down by the authorities responsible for labour. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee notes that, according to the Government, the national legislation requires all workers, including plantation workers, to be insured by the Social Security Fund. The Committee requests the Government to provide statistical information on the number of plantation workers and members of their families insured by the Social Security Fund, the scope of the coverage by this insurance, and the medical infrastructure and type of care provided in plantation areas. The Committee requests the Government to provide information on any other measures adopted to encourage the provision of adequate medical services for plantation workers, particularly in the light of the information indicating that workers on banana plantations have serious health problems due to exposure to pesticides and other chemicals.

Part IV of the report form. The Committee requests the Government to provide additional information showing the importance of the plantation sector in the national economy, for example, in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations in Panama and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector in view of the information indicating a serious crisis in the banana industry and the alarming poverty of its workers; (iv) collective agreements applying in the sector and the approximate number of workers covered, and any other information allowing the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the provisions of the Labour Code on foreign workers and seasonal labour. The Committee requests the Government to provide information on the engagement and recruitment of migrant labour, both national and foreign, and to indicate the number of labour migrants, their working conditions and the types of plantations on which they work.

Part IV (Wages), Articles 24 and 25. The Committee notes Executive Decree No. 227 of 2 July 2003 establishing the minimum wage in the agricultural sector at PAB 0.82 per hour for small enterprises and at PAB 0.87 per hour for large enterprises. In connection with the direct request of 2003 on Convention No. 26, the Committee requests the Government to provide additional information on the manner in which minimum wage standards are applied to plantation workers. The Committee also requests the Government to specify the number of plantation workers covered by statutory minimum wage rates and of those covered by minimum wage rates determined by collective agreements, and to provide information on the incidence of the minimum wage on workers’ purchasing power in terms of a basic basket of goods. Please also provide reports of labour inspections carried out in the plantation sector to enforce minimum wage legislation (violations reported, sanctions imposed, etc.).

Part IV (Wages), Articles 26 to 35. The Committee recalls the direct request addressed to the Government in 2001 on the application of Articles 1 and 4, paragraph 2, of Convention No. 95 and trusts that the Government will take the measures necessary without delay to bring its legislation into full conformity with the provisions of the Convention.

Parts IX and X (Right to organise and collective bargaining; freedom of association), Articles 54 to 70. See the observations made under Conventions Nos. 98 and 87 in 2001 and 2002 respectively.

Part XI (Labour inspection), Articles 71 to 84. The Committee notes the information provided by the Government in reply to its last comment, indicating that the labour inspectorate currently has 45 inspectors covering 631 agricultural enterprises and more than 150,000 workers. The Committee requests the Government to indicate the measures adopted or envisaged to increase the number of inspectors and to improve the effectiveness of the labour inspection services in the plantation sector. With reference to the direct request, addressed to the Government in 2003, on Convention No. 81 the Committee requests the Government to keep it informed of any developments in the labour inspection projects under way, including the campaign to combat child labour on plantations.

Part XII (Housing), Articles 85 to 88. The Committee notes that section 128(12) of the Labour Code establishes that where the provision of housing is mandatory, employers must provide workers with clean housing, and that the housing shall meet the standards and specifications laid down by the authorities responsible for labour. The Committee requests the Government to indicate whether minimum standards and specifications have been laid down in respect of accommodation for plantation workers and to provide information on the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee notes that, according to the Government, the national legislation requires all workers, including plantation workers, to be insured by the Social Security Fund. The Committee requests the Government to provide statistical information on the number of plantation workers and members of their families insured by the Social Security Fund, the scope of the coverage by this insurance, and the medical infrastructure and type of care provided in plantation areas. The Committee requests the Government to provide information on any other measures adopted to encourage the provision of adequate medical services for plantation workers, particularly in the light of the information indicating that workers on banana plantations have serious health problems due to exposure to pesticides and other chemicals.

Part IV of the report form. The Committee requests the Government to provide additional information showing the importance of the plantation sector in the national economy, for example, in terms of the gross domestic product, total exports and the economically active population. The Committee also requests the Government to provide general information on how the Convention is applied in practice, including: (i) reports of labour inspections in the plantation sector (violations reported, sanctions applied, etc.); (ii) the types of plantations in Panama and the number of enterprises covered by the Convention; (iii) extracts from official reports on current socio-economic conditions in the plantation sector in view of the information indicating a serious crisis in the banana industry and the alarming poverty of its workers; (iv) collective agreements applying in the sector and the approximate number of workers covered, and any other information allowing the Committee to assess whether the living and working conditions on plantations are in conformity with the provisions of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed information supplied by the Government in its report. It asks the Government to refer to its comments on the application of other Conventions.

Article 40, paragraph 3, of the Convention. Please see the 1995 observation regarding the application of Convention No. 52, Articles 2 and 3.

Articles 62 and 63. Please see the observation drafted by the Committee in 1998 regarding the application of Convention No. 87.

Article 81. Please see the direct request regarding the application of Convention No. 81, Articles 10 and 16.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its report on the application of the Convention for the period from 31 October 1988 to 1 July 1992, received on 15 February 1992. It refers the Government to the comments on the application of other Conventions.

Article 40, paragraph 3, of the Convention. See the observation made in 1992 concerning Convention No. 52, Article 3.

Articles 62 and 63. See the observation made in 1993 concerning Convention No. 87.

Article 81. See the direct request made in 1993 concerning Convention No. 81, Article 16.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report on the application of the Convention for the period from 31 October 1988 to 1 July 1992, received on 15 February 1992. It refers the Government to the comments on the application of other Conventions.

Article 40, paragraph 3, of the Convention. See the observation made in 1992 concerning Convention No. 52, Article 3.

Articles 62 and 63. See the observation made in 1993 concerning Convention No. 87.

Article 81. See the direct request made in 1993 concerning Convention No. 81, Article 16.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous comments, the Committee notes the information supplied by the Government in its last report. It asks the Government to refer to the comments made by the Committee on the application of other Conventions.

Article 40, paragraph 3, of the Convention. See the observation made under Convention No. 52, Article 3.

Articles 62 and 63. See the observation made under Convention No. 87.

Article 81. See the direct request made under Convention No. 81, Article 16.