Summary.
The bill amends Article 243 of the Labor Code (Código del Trabajo). It retains the chapter’s application to workers who are artists, actors, musicians or announcers performing in theaters, cinemas, nightclubs or variety venues, circuses, radio, television, dubbing and recording studios, or any other place where voice or music is transmitted, regardless of the method used. At the same time, it provides that the Labor Code does not apply to foreign artistic or musical groups, artists, singers, concert performers and their support personnel. Their relationship with the natural or legal person on whose account they come to the country would be treated, for all purposes, as a civil contractual relationship.
Groups, artists, singers, concert performers and support personnel who come on their own account or under contract with natural or legal persons established in the Republic of Panama (República de Panamá) would be exempt from the educational insurance contribution and migration fees if they receive income taxable in Panama (Panamá). This provision covers both travel on their own initiative and travel under a contract, subject to the article’s conditions concerning the contracting party’s establishment and taxable income.
For the foreign groups and persons covered by the bill, a visa would be required only if their nationality calls for one. In those cases, the National Migration Service (Servicio Nacional de Migración) would have to provide an exceptional, expedited digital procedure for entry and performances in the territory. The bill also exempts them from obtaining a migrant worker permit or any similar permit from the Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral) or the National Migration Service.
Any permit, authorization, license or other matter that these foreign persons or groups must handle before a public authority could be processed through a representative appointed for that purpose. For those dealings, the proposal removes the requirement that the foreign artist or foreign musical group appear in person.
The bill separately repeals Articles 2 and 4 of Law 10 of 1974 (Ley 10 de 1974). Its provision listing the legislative changes restates those repeals and the amendment to Article 243 of the Labor Code. It further directs the Ministry of Labor and Labor Development and the National Migration Service to bring their decrees, regulations, resolutions and other communications into line with the proposed law within six (6) months counted from the day after its promulgation. The bill sets its commencement for the day after promulgation.
The public bodies connected with the proposal are the Ministry of Labor and Labor Development and the National Migration Service. Its provisions could also concern public entertainment organizers, performance venues, contracting businesses, artistic or musical groups, artists and support personnel carrying out activities in Panama.
What it proposes.
- Contractual treatment of foreign artists and groups.
- Exemptions from the educational insurance contribution, migration fees and migrant worker permits.
- Visa processing and dealings with public authorities.
- Adjustment of administrative provisions and repeal of statutory articles.
Who it would affect.
- Workers who are artists, actors, musicians and announcers covered by Article 243 of the Labor Code.
- Foreign artistic or musical groups, artists, singers, concert performers and their support personnel.
- Natural or legal persons on whose account they come to the country or with whom they contract.
- The Ministry of Labor and Labor Development and the National Migration Service.
Key points.
- Amends Article 243 of the Labor Code and treats the contractual relationship between foreign groups, artists and support personnel and the person on whose account they come to the country as a civil relationship.Art. 1
- Exempts covered persons who come on their own account or under contract with persons established in the Republic of Panama and receive income taxable in Panama from the educational insurance contribution and migration fees.Art. 2
- Requires a visa for covered foreign persons only when their nationality requires one and provides for an exceptional, expedited digital procedure.Art. 3
- Exempts those foreign persons from a migrant worker permit or any similar permit.Art. 3
- Allows dealings with public authorities through an appointed representative without the foreign artist or group appearing in person.Art. 4
- Repeals Articles 2 and 4 of Law 10 of 1974.Arts. 5-6
- Directs authorities to adjust administrative provisions within six (6) months and sets commencement for the day after promulgation.Arts. 7-9