Summary.
The draft bill proposes establishing the National Delivery Platform Workers Register (Registro Nacional de Trabajadores de Plataforma Delivery) and rules for its operation. Its purpose includes mandatory registration by companies providing home delivery services through digital platforms, with the stated aims of labor protection, tax oversight and organization of the sector in the Republic of Panama (República de Panamá). It also requires delivery platform companies to have a single electronic portal containing an up-to-date register of drivers. The portal would record each driver’s license type, the company to which the driver belongs and details of the motor vehicle driven, including the owner’s name and a current vehicle registration permit.
Article 3 establishes the National Delivery Register as a mandatory, public and up-to-date electronic system. It places the system under the supervision of the Ministry of Labor and Social Development (Ministerio de Trabajo y Desarrollo Social), also referred to as MITRADEL, or an entity it designates. Article 4 then requires every company or digital platform providing home delivery services in the national territory to register all workers or couriers operating through its platform. This duty would cover workers engaged on both a dependent and an independent basis.
For each registration, Article 5 lists minimum information: the courier’s or worker’s full name and complete number; the type and number of driver’s license, where applicable; the type, make, license plate and current vehicle registration permit of the vehicle used; the name of the associated company or platform; a criminal record certificate; and a health insurance or accident insurance policy, where applicable. Under Article 6, platforms would update the information on their registered workers quarterly and report any change in their employment status or operations. The proposed duties therefore cover the initial registration and the maintenance of current information while delivery services are being provided.
Article 7 assigns oversight of compliance to the Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral). It authorizes that ministry to conduct audits and inspections and request information from platforms. Article 8 provides for administrative fines of B/. 5,000.00 per infringement for companies that fail to register their workers, according to the gravity and recurrence of the infringement. Those fines would apply without prejudice to other penalties under existing labor or criminal legislation. The articles do not amend any statute identified by name.
The public bodies concerned are the National Delivery Platform Workers Register, the Ministry of Labor and Social Development, MITRADEL and the Ministry of Labor and Labor Development. The proposal could concern digital home delivery platforms and their companies, dependent and independent couriers, drivers, and owners of motor vehicles used for deliveries.
What it proposes.
- Establishment and operation of an electronic register of digital platform couriers.
- Mandatory registration and information updates by home delivery companies.
- Labor oversight and administrative fines for failure to register workers.
Who it would affect.
- Companies and digital platforms providing home delivery services.
- Dependent or independent workers and couriers operating through those platforms.
- Drivers and owners of motor vehicles used for deliveries.
Key points.
- Proposes the National Delivery Platform Workers Register and mandatory registration by companies providing home delivery through digital platforms.Art. 1
- Requires companies to maintain a single electronic portal with current information on drivers, licenses, companies and motor vehicles.Art. 2
- Establishes the National Delivery Register as a mandatory, public and up-to-date electronic system supervised by the Ministry of Labor and Social Development (Ministerio de Trabajo y Desarrollo Social), or its designated entity.Art. 3
- Requires companies and platforms to register all their couriers, whether dependent or independent.Art. 4
- Lists minimum registration information, including courier identification, a license where applicable, vehicle details, platform affiliation, criminal records and insurance where applicable.Art. 5
- Requires quarterly information updates and notice of changes in employment status or operations.Art. 6
- Assigns compliance oversight to the Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral) through audits, inspections and information requests.Art. 7
- Provides for administrative fines of B/. 5,000.00 per infringement of the registration duty, according to gravity and recurrence.Art. 8