Arosemena Noriega & Contreras
Overview
Article 67 of the National Constitution of Panama, provides the following:
“Equal wages and pay shall always apply to equal work performed under identical conditions, irrespective of the person who performs it, without distinction as to sex, nationality, age, race, social class, or political or religious ideas”.
There are no additional legal provision regarding age discrimination.
Who's covered?
Theconstitutional provisions just covers employees, it does not extend to self-employed, agency workers, etc.
What enforcement/remedies exist?
There are no criminal sanctions. The employee that suffers a violation of his/her constitutional and legal labor rights can demand for legal protection before the Competent Courts.
How common are claims?
Claims for any type of discrimination are not common.
What claims are most common and what are trickiest issues for employers?
Claims involving sex discrimination are more common than claims for age discrimination.
In , employers can not be dismissed without base on any of the justified causes provided in the Labor Code. Dismissal based on age reasons is not a justified cause.
However, the granting of a retirement pension by the Social Security System is a justified cause dismissal prior evidence that the employee will receive the respective pension during the following month.
In the event that the employee files a labor lawsuit alleging unjustified dismissal, the employer has the burden of proof of the justified cause.
Are there any specific exceptions in your laws?
There are not exceptions
Retirement Ages
In the retirement age for men is 62 years old and for women is 57 years old.
Interesting Cases
A judgment issued by the Supreme Court of Justice on September 28, 2007, declared that the persons who are entitled to retirement do not need to resign from their jobs. They can continue working while being retired.