Draft bill 104.

Summary.

The draft bill proposes to protect the labor rights and occupational safety of private security agents, formalize employment, and oversee compliance with labor, social security, and public safety obligations. It assigns responsibility for security matters to the Ministry of Public Security (Ministerio de Seguridad Pública), through the Institutional Directorate of Public Security Affairs (Dirección Institucional de Asuntos de Seguridad Pública, DIASP); labor oversight to the Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral); and social security oversight to the Social Security Fund (Caja de Seguro Social). These bodies would conduct periodic inspections of service providers and clients. The bill defines private security services, their clients, and related activities; requires approved equipment; and creates a public register of authorized companies, to be updated within 30 days of changes to permits. It lists the activities companies could perform.

Companies would test agents for substance use before hiring them, at least once a year, when there are reasonable grounds for concern, and after incidents. Testing would be carried out by professionals or centers authorized by the Ministry of Health (Ministerio de Salud), subject to confidentiality and a right to challenge results under the regulations. A positive result would lead to temporary removal from operational duties until the worker’s fitness is determined. Each agent would have life insurance, coverage for permanent disability and workplace accidents, and funeral expenses in the specified circumstances. Requirements would include being of legal age, having a secondary education, having no criminal record, holding health certificates and, where applicable, permanent residency and a Type 1A work permit, and complying with the firearms rules under Law 57 of March 27, 2011. The text also refers to Executive Decrees 21 and 22 of January 31, 1992.

Agents would work for authorized companies and receive uniforms, identification cards, and insignia free of charge. Cash-in-transit operations would require approved weapons, communications equipment, current bulletproof vests, and a crew of at least 3. Each post would have a defined perimeter, and neither the company nor the client could assign duties unrelated to surveillance, protection, or custody. Conditions are set for carrying and storing weapons. Pay would remain uniform across rotating shifts, without excluding overtime or legally required premiums; agents would receive a breakdown of the days and hours worked. The bill provides for 24 consecutive hours of weekly rest and annual training in the listed subjects.

The draft bill provides for intervention against unauthorized services and requires clients to hire licensed companies. It refers to Law 9 of March 15, 2010, for the specified providers and clients. Clients, including state entities, would require the operating permit, annual report, and periodic proof of insurance and Social Security Fund enrollment; failure to do so would result in joint and several liability for the specified obligations. It bars nonprofit legal entities from providing the service and allows applications to cancel or revoke permits for noncompliance. It creates a register of agents and classifies violations as minor, serious, or very serious. It provides for fines, measures affecting licenses and public procurement, payment of fines into the National Treasury, and reasoned decisions with rights of defense and appeal.

To register agencies, the bill requires a prior list of security guards and minimum staffing levels of 50, 20, or 12, depending on the geographic area; staffing would increase as needed to fulfill contracts. It requires civil liability policies with limits of 250,000 balboas (B/.250,000.00), 150,000 balboas (B/.150,000.00), or 100,000 balboas (B/.100,000.00), as well as group life and accident insurance. Operating companies would have 6 calendar months to comply. Current agents without a secondary education could continue working while companies facilitate studies recognized by the Ministry of Education (Ministerio de Educación). The Executive Branch (Órgano Ejecutivo) would issue regulations under the law; its entry into force and the repeal of incompatible rules are addressed at the end. The provisions concern private security agencies and clients, insurers, and workers; they also relate to the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias) and the Superintendency of Insurance and Reinsurance of Panama (Superintendencia de Seguros y Reaseguros de Panamá).