Requisitos de forma / procedimiento de despido individual - Panamá - 2010
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- Labour Code [LC], 30 december 1971 as last amended by Act No. 44 of August 1995 (Código del Trabajo) - available in Spanish
Fecha: 12 Aug 1995; ver la pagina web » (ver en NATLEX »)
Forma de la notificación del despido al trabajador: escrita
Plazo de preaviso
- No statutory notice periods to be observed.
However, there is an exception for some specific categories of workers to which the "just cause" rule does not apply. Those workers can be dismissed without just cause provided that the employer gives 30 days' prior notice or pay the corresponding amount in addition to a payment amounting to compensation for unfair dismissal.
This rule applies to those workers with less than two years' uninterrupted service; domestic employees; permanent employees of small agricultural, fishing or manufacturing undertakings; seafarers serving on board vessels operating on international routes; apprentices; workers in retail sales establishments and in undertakings with five or fewer workers, except in the case of insurance establishments or real estate (art. 212 LC).
Indemnización sustitutiva de preaviso: No
- Except for those workers listed in art. 212 LC to which the "just cause" requirement does not apply.
Notificación a la administración: No
- Except for dismissals (individual and collective) on economic grounds: art. 215-216 LC Procedural requirements applicable to such dismissals are dealt with under the theme "Procedural requirements for collective dismissals for economic reasons".
Notificación a los representantes de los trabajadores: No
Aprobación de la administración publica o de organismos judiciales: No
- Except for dismissals (individual and collective) on economic grounds: art. 216 LC Procedural requirements applicable to such dismissals are dealt with under the theme "Procedural requirements for collective dismissals for economic reasons".
For dismissals based on any other authorized ground, the employer has the option of applying to the labour courts for prior authorization to dismiss. Such judicial authorization is however not compulsory.
Acuerdo de los representantes de los trabajadores: No
Notas / Comentarios
As a general rule, the employer is not required to observe statutory notice period under the Panamanian labour legislation.
Depending on the reasons for dismissal, before proceeding to dismissal, the employer has either the obligation to obtain authorization from the labour administration (in case of an economic dismissal) or the option of applying to the labour courts for prior authorization to dismiss when dismissal is based on any other authorized ground.