Morgan & Morgan presented the forum: Trends in Labor Law 2019

Morgan & Morgan, in partnership with the Chamber of Commerce, Industries and Agriculture of Chiriquí (CAMCHI), presented the forum: Trends in Labor Law 2019; a seminar organized for the business sector of the province of Chiriqui in the Republic of Panama. The topics were presented by lawyers Ricardo Aleman, Maria Teresa Mendoza and Milagros Caballero, labor law specialists.

The objective of the seminar was to reinforce the companies on issues about:

  • Sexual harassment and discrimination within the company and at an education level.
  • Main issues regarding employee’s paternity: leave and child support.
  • Features of special privileges: disability and chronic disease.

Felipe Venicio Rodríguez, president of CAMCHI, said he was pleased by the opportunity, through the alliance with Morgan & Morgan, so that employers and employees can keep up with these issues of social interest and their respective regulations, which in many cases tend to fail in some sectors, for lack of knowledge: “The most important thing is that we cover this part of Corporate Social Responsibility, with these activities, which are considered priority and key to contribute to the strengthening and development of the companies and our society in general; we hope it can be exploited to the maximum by each one of the participants”, added Rodriguez.

Gisselle Moncada and Ana Frago, attorneys from the Morgan & Morgan office in David, Chiriquí, also participated in the event.

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New Law establishes a legal framework for the comprehensive approach to Sexually Transmitted Infections (STIs) and the Human Immunodeficiency Virus (HIV)

Law 40 of August 14, 2018 has, among other, some provisions that affect the workplace, such as the following:

Obligations and prohibitions for employers:

  • Any discrimination and stigmatizing or segregating act is prohibited to the detriment of those affected, as well as against their relatives and friends.
  • Every employer is obliged to implement practical ILO recommendations on STI and HIV, and must take all necessary measures to effectively protect the life and health of its affected workers.
  • The worker is not obliged to inform his employer or his co-workers about his condition as an affected person. If he does, the employer must keep strict confidentiality of the case and seek, if necessary, to make adjustments in their work environment according to medical criteria, for the best performance of their duties.
  • No employer can deny affected workers the economic benefits to which they are entitled by law, such as deprive them of advancement in rank or promotion within the company.
  • The health condition of the affected worker can not be a reason for exclusion in relation to bonuses, awards, training, work trips, recreational activities and any other benefit or activities in the company.

Work permits for appointments or treatments:

  • Individuals affected will be granted work permits when required to take care of their health and medical treatments. Additionally, they will be granted up to a maximum of 144 hours, as long as their condition causes a disability.

Labor protection:

  • Workers affected with STIs or HIV can only be dismissed from their jobs for just cause, with prior authorization from the Ministry of Labor.

This Law repeals Law 3 of January 5, 2000.

The Executive Body, through the Ministry of Health, must regulate Law 40, in a period of 180 days as of August 14, 2018.

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