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> GOBERNANZA - página de entrada > EPLex: una base de datos sobre la legislación de protección del empleo > Panamá

Panamá - Requisitos formales / procedimientos de despido colectivos por razones económicas


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Definición de despido colectivo (número de empleados afectados):
No definition of collective dismissal.
However, there is a definition of "economic reasons" for dismissal. The law provides for a specific regime applicable to any dismissal (individual or collective) based on economic reasons.

Remarks:
  • Art. 213 C) LC: The following are valid economic reasons for the employer to terminate the contract of employment:
    - the employer's bankruptcy or insolvency;
    - the closing down of the undertaking or retrenchment, due to the undertaking obviously not being able to pay its way, or to the exhaustion of raw materials in the case of extractive industries;
    - the final and permanent termination of the activity which is the subject of the contract; and
    - the duly proven reduction of the employer's activities due to serious economic crisis or part of the operations not paying their way on account of decline in production or innovations in the production process or manufacturing plant; or the fact that an official tender or concession is called in or lapses; cancellation of sales or purchasing orders, or any similar reason duly proven by the competent authority.

Consultación previa con los sindicatos (representantes de los trabajadores): No

Remarks:
  • No statutory provision in the legislation reviewed.

Notificación a la administración:

Remarks:
  • Art. 215 LC: If an employer contemplates dismissing a worker for any of the reasons stated in art. 213, clause C (valid grounds for dismissal based on economic reasons), the employer must furnish evidence to the labour administration authorities.
    Dismissal carried out without the fulfilment of that requirement is considered wholly unjustified. However, if after 60 calendar days the labour administration authorities have not issued a decision on the application, the employer may proceed to give notice of dismissal, which will be considered entirely proper but which will require the payment of the compensation prescribed by the LC.

Notificación a los representantes de los trabajadores: No

Remarks:
  • No statutory provision in the legislation reviewed.

Aprobación de la administración publica o de organismos judiciales:

Remarks:
  • Art. 216 LC:
    The labour administration authorities called upon to take a decision respecting the granting of prior authorization to terminate a contract or dismiss a worker on economic grounds must personally inform the worker or workers concerned of the employer's making an application, giving them a time limit of three days to present their case.
    The authority must examine the evidence within a reasonable period and issue an immediate decision granting or refusing the authorization applied for.
    After being notified, the parties may appeal against the decision to the next higher competent authority, such appeal acting to suspend the decision.

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):

Remarks:
  • In the event of dismissal for economic reasons, the following rules are applied (art. 213(C)(3), LC):
    - the first workers to be affected are those having the shortest length of service in the categories concerned;
    - after that, in deciding which workers are to be maintained on the staff, preference should be given to Panamanian workers (over aliens), to workers who are members of the trade union (over those who are not), and those who have shown the most efficiency should be given preference over less efficient workers;
    - expectant mothers, even if they are not protected by the preferential treatment, should be laid off last of all and only in cases of absolute necessity, with due observance of all the legal formalities; and
    - all other things being equal, after the above rules have been applied, workers protected by their trade union status or office have preference over the other workers as regards maintenance of their contracts.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): No

Reglas de prioridad para la re-contratación: No

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Definición de despido colectivo (número de empleados afectados):
No definition of collective dismissal.
However, there is a definition of "economic reasons" for dismissal. The law provides for a specific regime applicable to any dismissal (individual or collective) based on economic reasons.

Remarks:
  • Art. 213 C) LC: The following are valid economic reasons for the employer to terminate the contract of employment:
    - the employer's bankruptcy or insolvency;
    - the closing down of the undertaking or retrenchment, due to the undertaking obviously not being able to pay its way, or to the exhaustion of raw materials in the case of extractive industries;
    - the final and permanent termination of the activity which is the subject of the contract; and
    - the duly proven reduction of the employer's activities due to serious economic crisis or part of the operations not paying their way on account of decline in production or innovations in the production process or manufacturing plant; or the fact that an official tender or concession is called in or lapses; cancellation of sales or purchasing orders, or any similar reason duly proven by the competent authority.

Consultación previa con los sindicatos (representantes de los trabajadores): No

Remarks:
  • No statutory provision in the legislation reviewed.

Notificación a la administración:

Remarks:
  • Art. 215 LC: If an employer contemplates dismissing a worker for any of the reasons stated in art. 213, clause C (valid grounds for dismissal based on economic reasons), the employer must furnish evidence to the labour administration authorities.
    Dismissal carried out without the fulfilment of that requirement is considered wholly unjustified. However, if after 60 calendar days the labour administration authorities have not issued a decision on the application, the employer may proceed to give notice of dismissal, which will be considered entirely proper but which will require the payment of the compensation prescribed by the LC.

Notificación a los representantes de los trabajadores: No

Remarks:
  • No statutory provision in the legislation reviewed.

Aprobación de la administración publica o de organismos judiciales:

Remarks:
  • Art. 216 LC:
    The labour administration authorities called upon to take a decision respecting the granting of prior authorization to terminate a contract or dismiss a worker on economic grounds must personally inform the worker or workers concerned of the employer's making an application, giving them a time limit of three days to present their case.
    The authority must examine the evidence within a reasonable period and issue an immediate decision granting or refusing the authorization applied for.
    After being notified, the parties may appeal against the decision to the next higher competent authority, such appeal acting to suspend the decision.

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):

Remarks:
  • In the event of dismissal for economic reasons, the following rules are applied (art. 213(C)(3), LC):
    - the first workers to be affected are those having the shortest length of service in the categories concerned;
    - after that, in deciding which workers are to be maintained on the staff, preference should be given to Panamanian workers (over aliens), to workers who are members of the trade union (over those who are not), and those who have shown the most efficiency should be given preference over less efficient workers;
    - expectant mothers, even if they are not protected by the preferential treatment, should be laid off last of all and only in cases of absolute necessity, with due observance of all the legal formalities; and
    - all other things being equal, after the above rules have been applied, workers protected by their trade union status or office have preference over the other workers as regards maintenance of their contracts.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): No

Reglas de prioridad para la re-contratación: No