Summary.
The bill proposes workplace well-being rules to promote physical and mental health, prevent occupational stress and encourage healthy work environments. It would apply to employers and workers in the public and private sectors throughout Panama, according to the nature of their work. It defines occupational stress, active breaks, workplace well-being, a healthy work environment, psychosocial risks and rest alternatives. It also classifies large, medium, and micro and small enterprises by their number of workers.
It provides for active-break programs of at least 10 to 15 minutes for every two (2) hours of continuous work, access to preventive psychological guidance, an internal workplace well-being policy, annual assessments of psychosocial risks, and ergonomic furniture with suitable environmental conditions. Large enterprises would meet all these duties. Medium enterprises would meet the first four and provide ergonomic measures according to their technical and budgetary capacity, prioritizing positions with greater ergonomic risk. Micro and small enterprises would meet the first three; state technical support programs would encourage progressive compliance with the remaining duties.
The bill prohibits employers from keeping workers standing for prolonged periods without active breaks or rest alternatives. For cashier and customer-service positions, it provides for seated work when the activity permits. Where the job requires standing, employers would provide seats for periods of low activity and frequent breaks or rest periods. It recognizes rights to scheduled breaks without retaliation, alternatives to prolonged standing, a healthy environment free from psychosocial risks, training in stress management and self-care, and protection when reporting conditions affecting emotional health.
The Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral, MITRADEL) would create the “Healthy Company” certification for enterprises meeting the bill’s standards and implementing regulations. Certified companies would receive technical priority or additional points in public tenders and procurement. MITRADEL would publish a register and grant physical and digital recognition. Its Inspection Directorate (Dirección de Inspección) would conduct scheduled inspections or inspections prompted by complaints and could require corrective action plans with specific deadlines before imposing penalties. Violations would carry fines scaled to enterprise size, while repeat violations could lead to suspension of certification.
Workers could file anonymous complaints through a secure, confidential digital platform, with protection against retaliation under the Labor Code (Código de Trabajo). The State, through MITRADEL and in coordination with the Ministry of Health (Ministerio de Salud, MINSA), would conduct educational campaigns on mental health, ergonomics, active breaks and workplace well-being. The Executive Branch would issue implementing regulations within a period not exceeding six months after promulgation, and the proposed law would take effect twelve (12) months after promulgation. Its provisions concern labor and health authorities, public procurement bodies, employers and workers across economic and social sectors.
What it proposes.
- Comprehensive workplace well-being and prevention of occupational stress.
- Active breaks, ergonomics and psychosocial risks.
- Workplace certification, inspections, complaints and penalties.
Who it would affect.
- Public and private sector employers.
- Public and private sector workers.
- Enterprises classified by size.
Key points.
- Defines workplace health concepts and classifies enterprises by their number of workers.Art. 3
- Establishes duties concerning active breaks, psychological guidance, a well-being policy, risk assessment and ergonomics, scaled to enterprise size.Art. 4
- Prohibits prolonged standing without breaks or rest alternatives and provides for seating or rest periods where work requires standing.Arts. 5-6
- Recognizes rights to breaks, alternatives to standing, training and protection when reporting conditions affecting emotional health.Art. 7
- Creates the “Healthy Company” certification, with public procurement benefits, a register and recognition for certified enterprises.Arts. 8-10
- Provides for inspections, corrective plans, fines based on enterprise size and possible suspension of certification for repeat violations.Arts. 11-12
- Allows anonymous complaints through a digital platform and provides for educational campaigns on mental health, ergonomics and workplace well-being.Arts. 13-14
- Requires implementing regulations within six months after promulgation and sets commencement at twelve (12) months after promulgation.Arts. 15-16