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Collective Labor Law and Social Security - Coggle Diagram
Collective Labor Law
and Social Security
Background
Historical Bases
Since primary forms of work occur in primitive societies, the division of labor appears less marked.
Philosophical Bases
Panamanian Labor legislation is instituted to protect workers, as provided in article 1 of the Labor Code.
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."
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.
Work code
Collective Labor Agreement on Collective Labor
Article 398 gives us the concept of collective agreement in our law, which in turn solves the problem of the subjects.
Collective disputes
"Article 417. Collective disputes are of two kinds:
• Legal or rights; and
• Economic or interest. "
Trade Union Association Right
Workers' organizations in Panama began as mutual associations at the beginning of the Republican era, that is, for the purpose of social assistance to their members (funerals, housing, food, etc.)
Aspects of the Right to Strike
After having discussed the concept, requirements and objectives of the strike, let's look at article 489 of the Labor Code.
Work code
Occupational hazards
Occupational risks are understood to be accidents and illnesses to which workers are exposed as a result of the work they carry out on behalf of the employer.
Replenishment of Workers
The employer is obliged to reinstate in his occupation the worker who stopped working due to having suffered some professional risk, provided that said worker has not received compensation for permanent absolute disability.
Health and safety at work
All employers are obliged to use the necessary measures to effectively protect the life and health of their workers. For this purpose, the employer must prepare the premises and work equipment.
Exceptions and Penalties
Non-profit workers hired by a natural person who uses them in works that due to their importance should not last more than ten (10) days are not protected by the provisions of Titles II and III.
Organic Law of the Social Security Fund
General disposition
We will review some concepts:
• Quota, contribution or contribution: The percentage of the salary of the dependents and income or profits of the volunteers that must be paid to the fund to be entitled to the benefits.
• Salary: Any remuneration, gratuity, bonus or value in money or in kind that the employee receives from the employer.
• Employee: Any natural person who provides paid services.
• Employer: Any natural or legal person who uses the services of an employee by paying a salary.
Of Investments
Fund funds may be invested in:
• Real and personal property for your own services such as buildings or hospitals;
• Loans or loans duly guaranteed to autonomous entities or individuals to finance the construction of houses or the acquisition of land;
• Mortgage loans to policyholders for the purchase and construction of homes
Sanctions
The CSS. it is vested with coercive jurisdiction for the collection of the sums that must be paid to it. The exercise of coercive jurisdiction corresponds to the Director General who can delegate it to the officials of the box.
Title I
In its evolution, the Social Security Fund has expanded the coverage of the protected population, as well as the contingencies covered.