Summary.
The draft bill establishes a framework for flexible and staggered work schedules intended to reduce traffic congestion, improve urban mobility and make better use of road infrastructure. It would apply to all public entities and to private companies meeting a workforce threshold set by the Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral, MITRADEL) in areas designated as highly congested by the Land Transit and Transportation Authority (Autoridad de Tránsito y Transporte Terrestre, ATTT). MITRADEL could set or change that threshold through a reasoned resolution based on technical, economic and urban mobility criteria. The text defines flexible and staggered schedules, high congestion areas and Workplace Mobility Plans.
Covered entities and companies would have to submit a Workplace Mobility Plan to MITRADEL within no more than six months after the proposed law takes effect. The Ministry would lead coordination with ATTT on cooperation, information sharing and joint monitoring for the review, approval and assessment of plans. Each plan would contain an assessment of workers’ travel patterns; proposed schedules; ways to communicate and coordinate with workers; measures to maintain operational continuity; indicators of effects on traffic; and steps to encourage public transport, shared transport or nonmotorized travel. MITRADEL would approve plans after receiving ATTT’s technical opinion, could request changes and would monitor implementation and impact.
Available arrangements include variable starting and finishing times, a compressed workweek and remote work where feasible. Staggered schedules could differ among departments or worker groups and among workplaces according to location. Implementation of approved plans would be mandatory. MITRADEL would sanction breaches under rules to be established by regulation. Those rules could provide for progressive monetary fines based on workforce size and repeated violations, as well as corrective measures determined by the competent authority.
The Executive Branch (Órgano Ejecutivo), acting through MITRADEL in coordination with ATTT or another designated entity, would issue implementing regulations within 6 months after entry into force. The regulations would develop criteria for defining high congestion areas, guidelines for the plans and the penalty framework. ATTT would periodically assess the effect on traffic and could propose amendments. Trade unions, business associations and civil society would participate in discussing and developing the proposed law and its regulations through public consultation mechanisms. The text also addresses technical studies, supporting transport infrastructure and gradual implementation. Later provisions describe open community meetings, proposals from local authorities and direct voting by residents over 18 years of age. The Office of the Comptroller General of the Republic (Contraloría General de la República) and the Ombudsman’s Office (Defensoría del Pueblo) would oversee consultation and approved projects. Entry into force is tied to promulgation and publication in the Official Gazette.
In Panama, the proposal involves MITRADEL, ATTT, the Executive Branch, the Comptroller General and the Ombudsman’s Office, and could affect public entities, private companies, workers, trade unions, business associations, civil society, and the transport and mobility sectors.
What it proposes.
- Flexible and staggered work schedules.
- Workplace mobility plans in high traffic congestion areas.
- Approval, monitoring and penalties concerning those plans.
- Public consultation on the proposed rules.
Who it would affect.
- Public sector entities.
- Private companies meeting the workforce threshold set by MITRADEL in high congestion areas.
- Workers of covered entities and companies.
Key points.
- Mandatory coverage would extend to public entities and private companies meeting MITRADEL’s workforce threshold in areas designated by ATTT.Art. 2
- Covered entities and companies would submit a Workplace Mobility Plan within no more than six months after entry into force.Art. 4
- A plan would address worker travel patterns, proposed schedules, worker communication, operational continuity, impact indicators and alternatives for commuting.Art. 5
- MITRADEL would review and approve plans after obtaining ATTT’s technical opinion, could request changes and would monitor implementation.Art. 6
- Possible arrangements include variable hours, a compressed workweek, remote work and schedules differentiated by worker group or workplace location.Arts. 7-8
- Approved plans would be mandatory, and breaches would be subject to regulatory penalties, potentially including progressive fines.Arts. 9-10
- The Executive Branch would issue regulations within 6 months, while ATTT would periodically assess the effect on traffic.Arts. 11-12
- Trade unions, business associations and civil society would participate in developing the rules through public consultation mechanisms.Art. 13