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workers had the possibility to appeal later before the Executive Committee, which
was the company’s Board of Directors. All workers who were not reinstated in 1990
and 1991 were offered jobs in September 1994, for humanitarian reasons by the
Government of President Pérez-Valladares. Almost all of them went back to the
company, except for a few who were employed at that time. When privatisation took
place all workers at the INTEL were laid off. Pursuant to Law 5 of 1995, all the
workers were offered two alternatives under the privatisation process: “to continue
carrying forward their employment liability and accumulating years of service,” or to
apply for a liquidation and “enter into a new work contract.” Most of the workers,
among whom she includes herself, applied for a liquidation to enter later into a new
work contract under the same conditions. Less than 10 persons did not apply for
this benefit. According to what was established by Article 26 of Law 5 of 1995, and
as established by the Labour Code, the seniority premium, vacation due, and
contract termination indemnification were recognised.
Not always was an
indemnification required for termination of the employer-employee relationship; in
this case this was done because it was established in Law 5. Salaries not received
from the dismissal to reinstatement in the company, were not paid to the workers
dismissed by virtue of Law 25, who were reinstated at the INTEL in September,
1994. Indemnification for damages from the application of Law 25 was not paid to
the workers dismissed by the application of said Law. No indemnification whatsoever
had to be paid.
m.
Report of the expert Maruja Bravo-Dutary, an attorney-at-law
specialising in labour law
In 1986 she started working at the Panamanian Labour Studies Institute within the
Ministry of Labour, currently the Ministry of Labour Development. She became later
Director and Chairperson of the N° 1 Conciliation and Decision Board. Approximately
in 1988 she was appointed Secretary General of the Ministry of Labour and, while in
that position, she was acting Vice Minister on several occasions. In 1989 she
became first acting Vice Minister. She has later devoted herself to her private law
practice, and has been an advisor on labour matters for approximately nine years.
She obtained a degree in Law and Political Science at the University of Panama in
1985. She did specialisation studies in penal law at Colombia’s External University,
and has attended postgraduate seminars and courses at the University of Costa Rica;
she has been a college professor at the Penal Law Chair of National University, and
at the Business Law Chair of the Technological University. Pursuant to Law 8, which
applied to IRHE and INTEL workers prior to the passing of Law 25, the corresponding
judicial mechanism was the special labour jurisdiction.
Mediation and oral
proceedings are principles of labour justice. At the administrative conflicts level the
system is a mixed one: one part is conducted in written form, another part orally
under governing principles of procedural economy.
There are also coinciding
principles in both jurisdictions. In conformity with Law 8, the procedure applicable to
workers who have been the object of a disciplinary sanction such as reprimand and
suspension established that the former had the right to present their complaints
before the Sectoral Committee, and then the right to appeal before the Manager of
the institution. Public servants who were not governed by a special law had at their
disposal, before December 14, 1990, the reconsideration remedy to be presented
before the same office that issued the resolution of the act being questioned, and the
appeal remedy to be presented before the immediate superior. The use thereof
exhausted the means available within the governmental realm, for which reason the
next step was the Third Administrative Conflicts Section of the Supreme Court, which
is the administrative conflicts jurisdiction, where a revision of the administrative act
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