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PANAMA REGULATORY
ENVIRONMENT
- PANAMA WORK PERMITS
Panama
Regulatory Environment
The
main piece of employment legislation in Panama
is the Labour Code of 1971, which deals with labour
relations and the rights and duties of employer
and employee. The key concept of the Code is that
of 'subordination', so that any relationship in
which one party is subordinated to the other will
fall within the terms of the Code, whether or
not it is described as 'employment'.
There
is a contract between employer and employee, whether
written down or not, and it can include elements
from a collective agreement. Unions are allowed,
and can negotiate on behalf of employees collectively.
Strikes are lawful under defined circumstances
and after a majority vote. Conciliation is mandatory
before a strike. However, only around 11% of private
sector workers are unionised.
Employers
can terminate employment during the first two
years, but after that employees have the protection
of the Code. Fixed-term contracts are possible.
The Code lists 'just causes' for dismissal, and
unlawful dismissal results in compensation payments,
which are not very high.
There
are minimum wage levels which vary according to
the seniority of the employee. There are 11 public
holidays per year, and the statutory paid vacation
is 30 days.
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Panama
Work Permits
The
employment market is quite closely regulated in
Panama: the law sets maximum percentages for the
employment of foreigners in a business according
to its sector. Usually the figure is 10%. However,
foreign companies are allowed to fill senior positions
with expatriates, up to a maximum of 15% of the
staff. It may be possible to agree a higher percentage
with the Ministry Of Labour, which is responsible
for issuing work permits.
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