Bill 290.

Summary.

The bill provides for the Social Security Fund (Caja de Seguro Social) to consider a daily sickness benefit for banana sector employees enrolled in the compulsory scheme and persons enrolled in the voluntary scheme. It requires a 30% incapacity for work and sets the benefit at 80% of the salary corresponding to the last two months of contributions credited to the individual account when the illness occurs. For this purpose, an insured person is considered disabled if a psychological, physiological or anatomical loss or abnormality reduces their capacity for banana work by one third or 33%. The monthly base salary for a disability pension would be calculated from the average monthly salary for the ten best years of contributions.

The text classifies manual work at banana companies and independent banana producers as hazardous to workers’ health and grants those performing it a right to early retirement. To finance benefits under the special pension, it establishes a separate reserve exclusively for these workers, funded by employer contributions of 2.5% of wages paid and a State contribution of 6% of those wages.

Early retirement requires an age of fifty-eight for men or fifty-four for women, at least eighteen years of work in these activities, and two hundred sixteen contributions to the Social Security Fund. The special pension, which eligible workers may choose voluntarily, is calculated at 80% of the monthly base salary, plus 2% for every twelve additional complete contributions. If actuarial studies lead to an increase in the retirement age, the bill exempts workers covered by this scheme from that increase. Economic benefits granted by the Social Security Fund require medical certificates issued by the institution or duly validated certificates issued outside its service network.

During pregnancy, childbirth and the postpartum period, the bill provides for medical assessment from the third month of pregnancy, reassignment to less strenuous duties when a physician certifies a risk, and continuous specialized prenatal care. It also promotes maternal and child care rooms in health units or polyclinics in banana-producing regions. It grants temporary sickness benefits for certified complications arising from childbirth and, upon return to work, requires breastfeeding breaks and a suitable hygienic space. It prohibits penalizing, sanctioning, dismissing or reducing pay because of pregnancy or breastfeeding, subject to the consequences under existing legislation. It also provides protection against dismissal for one year after return to work, with the statutory exceptions linked to Article 72 of the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá).

The Social Security Fund would provide specialized assessment for specified chronic occupational illnesses, pay a monthly pension to direct dependent family members when a worker dies from illnesses related to banana work, and grant funeral assistance to a person who proves payment of burial expenses, subject to the contribution requirement. The bill would concern that institution, the State, banana employers, independent producers, workers and their families.