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BACKGROUND
Political Constitution, Chapter 3
"Article 60. Work is a right and a duty of the individual, and therefore it is an obligation of the state to develop economic policies aimed at promoting full employment and ensuring all workers the conditions necessary for a decent existence."
This provision is divided into two aspects:
• The right to work, or more properly, "right to work", since the first expression seems to suggest that the right has been exercised;
• The duty to work.
The Supreme Court of Justice has declared that Article 60 sets out three principles, namely:
• That work is an individual's right;
• That, as a right that it is, it has a corresponding duty, hence work is a duty;
• That the State has the obligation to develop economic policies aimed at guaranteeing full employment.
The duty to work is enshrined today in most modern constitutions; responds to a Social Conception of the Person: a socially useful activity. It does not involve marketability in the event of eventual breach.
This right is enshrined in the Constitutions of Cuba, Honduras, Mexico, the Dominican Republic and Venezuela, in the Constitutions of Bolivia, Colombia, Costa Rica, Ecuador, Guatemala, Peru, Nicaragua, Paraguay and Uruguay.
C.1904
Art.2 Every person may exercise any trade and honest occupation for which they are suitable.
It empowers the Law and the AUTHORITIES to regulate or inspect the professions and industries with regard to individual suitability, morality, safety and public health.
C.1941
Art.43 Everyone is free to choose profession or trade. It empowers the Law to require qualifications of suitability and regulate the exercise of the professions.
The AUTHORITIES will inspect the professions and trades in relation to morality, security and public health.
C.1946
Art.63 Work is a right and a duty of the individual.
THE STATE will use whatever resources are within its reach to provide employment for all who lack it and will ensure to all workers the economic conditions necessary for a decent existence.
C. Current
Art.60 Work is a right and duty of the individual, and therefore it is an obligation of the STATE, to develop economic policies aimed at promoting full employment and ensuring all workers the conditions necessary for a decent existence.
Freedom of work is found in another provision: in Article 40 of the Charter and which corresponds to one of the individual freedoms recognized in the classic constitutions that prescribes:
"Article 40. Every person is free to exercise any profession or trade subject to the regulations established by Law in relation to suitability, morality, foresight."
According to Dr. César Quintero this freedom implies:
• The right of every individual to decide and choose the profession or work he wishes to practice;
• The right to learn or study the respective profession;
• The right to obtain the relevant title or diploma;
• The right to meet all other requirements that the law requires for the exercise of a certain profession;
• The right to exercise it.
The constitution reiterates the principle that enshrines the right to a minimum wage or salary as follows:
“Article 61. All workers at the service of the State or of public or private companies or private individuals are guaranteed their minimum wage or salary. The workers of the companies that the Law determines will participate in their profits, in accordance with the economic conditions of the country. "
Article 62 establishes the periodic adjustment of the minimum wage. In this sense, article 174 of the labor code, under development, provides:
"Article 174. The minimum wage will be set periodically, at least every two (2) years, following the recommendation of the National Minimum Wage Commission and by Decree of the Executive Branch."
Article 104 of the Labor Code establishes that the work of women is prohibited in:
• The subways, mines, subsoil, quarries and manual activities of civil construction; and
• Dangerous or unhealthy activities determined by the Ministry of Labor and Labor Development.
The aforementioned article 68 of the National Constitution has the following text:
“Article 68. The maternity of working women is protected. Those who are pregnant cannot be separated from their public or private employment for this reason.
For a minimum of six weeks prior to delivery and the eight that follow, you will enjoy paid compulsory rest in the same way as your job and will retain your job and all the rights corresponding to your contract.
Upon reincorporation, the working mother may not be fired for a period of one year, except in special cases provided for in the Law, which shall also regulate the special working conditions of pregnant women.
Historical Bases
Since primary forms of work occur in primitive societies, the division of labor appears less marked.
When they become sedimentary, the division of labor appears and private property appears and these societies are acquiring complexity.
When organizing politically, a fundamental form of service provision is slave labor (SLAVERY SOCIETY). It is the society that is seen in ancient times as the fundamental type of work organization.
Slavery has its origin in wars in such a way that not only material wealth becomes spoils of war but also human beings, consequently, the submission of one person to another in absolute terms.
In the industrial revolution there is an inability to produce from the artisan workshop compared to the large factory.
But machinery fulfills two fundamental functions at work:
• First: Substitute physical strength. The man always looking for a way to relieve physical effort from the levers and the wheel to machines themselves.
• Second: Substitute personal skill or ability. The artisan workshops are replaced by mechanized workshops with greater efficiency. We are increasingly dependent on machines.
These two functions are reflected in work, allowing the massive incorporation of women and children into work (half force ➛ they were paid half salary).
This creates the breeding ground for the great confrontations of the 19th century and the Lesseferista State breaks down and has to dictate laws:
-In England the work of minors is regulated in the textile industry at the beginning of the XIX century;
-The Labor Law arises from the struggles.
In 1848 in France the working day was limited.
On May 1, 1886, Chicago fought for the 8-hour day.
Bismarck introduced social insurance in Germany in the late 19th century.
Labor Law came into being at the end of the 19th century and was consolidated in this century.
The highest point of this process is the so-called social constitutionalism:
The incorporation of the labor protection norms in the constitutional texts.
This occurs when the constitutional concepts of the 19th century are broken.
It begins in Mexico with the Constitution of Querétaro in 1917 and then the Weimar Constitution of 1919.
The Mexican constitution is the consequence of an agrarian and not labor revolution.
These constitutions come to give the appearance of the Interventionist State that incorporates, alongside the individual and organizational rights of the State, social rights that have a very important connotation.
In the Middle Ages the phenomenon of CORPORATIONS OR GUILDS occurs in the cities while in the countryside the feudal system continues to be felt, characterized politically by a weakening of the power of the monarch, which is shared by the feudal lords.
This system rests economically on the ownership of land.
Philosophical Bases
Panamanian Labor legislation is instituted to protect workers, as provided in Article 1 of the Labor Code.
Regarding this matter, it has been said that the aspiration to protect the worker and improve his situation should not be considered, however, lacking limits, because, although the Labor Law seeks to protect the worker, as every right is, in short, at the service of the interest of the community that must prevail over the self-interest of individuals.
The protection of the worker is not limited to the material or procedural aspects of the employment relationship but to his promotion and appreciation as a person endowed with human dignity.
The rules that should govern such an election would be these:
• When carrying out any labor or social legislation program, it is necessary to give preference to what is necessary, over what is only useful;
• A partial solution that is easy to implement is preferable to a comprehensive solution that is problematic to implement.
Economic Bases
Labor Law, as a general rule, has been developed independently of the prevailing economic situation at a given moment (volume of employment, price level, volume of investment.
The presence of the economic element, as the content of legal norms, is formidable in this branch of Law.
For example, in the salary and its regulation in the Labor Code.
Legal norms seek to protect wages and even influence their economic determination by setting minimum wages, compensation, etc.
There are some labor law institutions that have shown greater sensitivity to the economic situation.
We can point out here the rules on dismissal without just cause and the corresponding benefits, and those that deal with collective bargaining of working conditions.
Another subject that is particularly sensitive to economic circumstances is that relating to the legislation on wage increases.