Panama - Repository of Actions on Paid Domestic Work

Yes.  

The Labor Code (2015 edition), in Title VII Special Contracts, in Chapter I; deals with everything related to labor in Domestic Work, in its Articles 230 and 231. Consult here.  

Law 51 of December 27, 2005, that reforms the Organic Law of the Social Security Fund and dictates other provisions. Consult here.  

Workers: 

MITRADEL has carried out strategies to achieve the training and development of skills of domestic workers through the creation of a database, the Program “For Domestic Work and Informal Work” (developed hand in hand with educational institutions and the Ministry of Education), and training days at the María Auxiliadora Women’s Training Center on creating resumes, personal presence, and other topics of interest for work.  

Employers: 

The Ministry has not yet managed to carry out training for people who employ domestic workers at this time.  

MITRADEL has carried out dissemination and awareness campaigns on domestic work in relation to labor regulation in order for domestic workers to know their rights and obligations to their employers.  

In turn, in 2020, MITRADEL held the Vía Live Seminar, aimed at domestic workers with the Theme: Importance of Domestic Work and Labor Regulation, in which there was a total of 14,308 web visits.  

No labor inspection is carried out in the residence for domestic work. It is not yet contemplated by law.  

Labor inspectors are governed by Law 14 of January 30, 1967, which approved agreement No. 81 on Labor Inspection in Industry and Commerce of June 19, 1847, in Article XII, Paragraph (a) indicates: To enter freely and without prior notification at any time of the day or night, in any establishment subject to inspection.

4. Social Security Coverage  

Domestic workers enjoy the same social security benefits and rights as other workers.  

Based on this premise, MITRADEL has been carrying out campaigns in favor of this population and has continued with this action. In October 2021, MITRADEL carried out a process to prepare a proposal for the affiliation of domestic workers to the Social Security Fund for the achievement of Universal Health. This activity was carried out in an intersectoral process to seek new and innovative alternatives for this population, and it was headed by the CSS Department of Affiliation and WHO/PAHO. Affiliation has been identified as one of the most relevant factors to guarantee social well-being, but there is little interest on the part of domestic workers. In these early stages of the registry, the desired requirements were not met, and therefore, they do not see affiliation to the CSS as something that benefits them; they prefer to receive their net salary without the deduction.”

The Ministry is looking to strengthen mechanisms to improve access to health services and other essential benefits. Affiliation has been identified as one of the determinants of this access. And it is under these premises that this intersectoral process is carried out to seek new and innovative alternatives to face this challenge. The concept note “Process of preparing a proposal for the affiliation of domestic workers to the Social Security Fund for Universal Health” established the bases for this work process.  

Other actions:  

From the Ministry of Labor and Labor Development of Panama, actions are being carried out to achieve the development of domestic work in a decent job, among these we can highlight:  

Carrying out a Survey for the collection of data on Domestic Work during the pandemic: 

The MITRADEL, through the Gender and Labor Office, collected data from people who did domestic work in the Provinces of Panama and West Panama, due to the quarantine decreed by the National government on March 12, 2020, due to the COVID-19 pandemic.  

Subsequently, on May 13 of the same year, the first block was lifted to reactivate the economy in the country, people who have the opportunity to return to their work activities must have a document or safe-conduct when travelling in both Provinces.   

For the year 2020, the Ministry carried out the registration of people who perform domestic work and their existing working conditions in the midst of the global COVID-19 pandemic.  

Evidencing that this activity is carried out 86% by women and 14% by men, and 41% of this work is carried out by foreigners and 59% carried out by nationals, the age range that most represents those who dedicate themselves to 46% of this job are of productive age (36-50), of which 28% are between the ages of 18-35, followed by 26% between the ages of 51 and over.  

As the Labor Code gives the option that work contracts can be written or verbal, it is evidenced in this survey, that most of the contracts of domestic workers are 79% verbal and 21% written.  

The statistical data also reflects a high rate of domestic workers without schooling, 44%, including 28% at primary school, followed by 18% at the high school level, and only 10% at the university level.  

Regarding Social Security, it was observed that 57% of domestic workers do not have social security, while 43% are insured.  

This information collected made MITRADEL aware of the vulnerability in which domestic workers are found, who constitute a considerable part of the workforce in informal employment. This data helps the Ministry manage public policies that allows them to protect people who do domestic work.