Summary.
The draft bill seeks to regulate working conditions in private security services provided by individuals or legal entities. It assigns general implementation and oversight to the Ministry of Public Security (Ministerio de Seguridad Pública), through the Institutional Directorate for Public Security Affairs (Dirección Institucional de Asuntos de Seguridad Pública, DIASP). Labor oversight would fall to the Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral, MITRADEL), and social security oversight to the Social Security Fund (Caja de Seguro Social). The latter two bodies would periodically inspect providers, clients, and companies whose personnel perform private security duties. The bill defines private security services, clients, and related activities, including training, risk prevention, and the transport of valuables.
Only equipment and technical means approved by the Institutional Directorate for Public Security Affairs could be used. The bill lists activities security companies could perform, including surveillance, protection, security systems, transport of valuables, and advice on security facilities. It sets requirements for guards concerning nationality or residence and a work permit, age, education, records, and physical and mental health certificates. In doing so, it refers to Executive Decree 21 of January 31, 1992, Law 57 of March 27, 2011, Law 57 of May 27, 2011, and the executive decrees governing the activity. Guards would have to belong to authorized companies. The bill also regulates uniforms, identifying marks, and equipment for valuables transport crews.
A guard would perform only the duties of the assigned post within a defined perimeter. Neither the company nor the client could assign unrelated tasks, and a guard could report such assignments after notifying the company. The bill refers to the applicable executive decrees for penalties involving companies and clients. It restricts firearm possession and carrying according to the location of surveillance and the type of permit, and prohibits carrying a firearm outside working hours or taking it to a guard's home.
Employment relationships would be governed by the Labor Code (Código de Trabajo) and complementary labor provisions of the Republic of Panama (República de Panamá). The special work schedule could not exceed 12 hours a day, corresponding to 60 hours a week, with a mandatory 48-hour rest period. The bill provides for proportional pay, premiums for Sundays, public holidays, national days of mourning, and overtime, as well as compensatory rest. It recognizes two fixed rest days for every five consecutive working days and subjects occupational health and safety to the Labor Code.
The bill provides for intervention and penalties against providers operating without authorization and requires clients to hire authorized companies. It refers to Law 9 deJ5 de marzo de 2010 for providers and those hiring individuals directly. Clients, including state entities, would have to obtain operating documents, proof of the annual report, life and accident insurance certification, and evidence that the assigned guard appears on the Social Security Fund payroll. Failure to meet these requirements would give rise to shared liability for insurance and employment benefits. Entities with their own security personnel would have to bring them into compliance; nonprofit organizations could not provide these services. The Ministry of Public Security could ask the Ministry of Commerce and Industry (Ministerio de Comercio e Industria) to cancel or revoke operating permits for specified breaches.
Finally, the bill amends Executive Decree No. 21 of January 31, 1992, concerning minimum numbers of guards by territorial scope and the insurance policies required of agencies. Authorized, active companies would have to adapt their operations to the proposed rules, which would take effect the day after promulgation. The subject concerns the public security, labor, and social security authorities named above and could affect security agencies and guards, public and private clients, insurers, training centers, and valuables transport companies.
What it proposes.
- Working conditions for private security personnel.
- Authorization, oversight, and requirements for private security guards and companies.
- Procurement, equipment, firearms, insurance, and client liability.
Who it would affect.
- Guards and other individuals providing private security services.
- Private security companies and individual providers.
- Individuals and public or private entities hiring these services.
- Entities employing personnel who perform security duties.
Key points.
- The draft bill seeks to regulate the working conditions of private security providers, whether individuals or legal entities.Art. 1
- General implementation and oversight would rest with the Ministry of Public Security through the Institutional Directorate for Public Security Affairs.Art. 2
- Labor oversight would rest with the Ministry of Labor and Workforce Development, and social security oversight with the Social Security Fund.Art. 3
- Both authorities would periodically inspect providers, clients, individual providers, and companies with security personnel.Art. 3
- Private security services include protecting, watching over, and safeguarding people, information, property, and valuables, including their transport and electronic security systems.Art. 4
- The bill defines a client as an individual or legal entity that hires private security services.Art. 4
- Related activities include training, temporary guards, risk prevention, and transport of valuables, among other activities subject to regulation.Art. 4