The signing of a new collective agreement between the Panama Canal Authority (ACP) and the Union of Captains and Deck Officers (UCOC) has not stopped the application of salary discounts to tugboat workers, an issue that remains the main source of tension in the employment relationship.
According to the general secretary of the UCOC, Rogelio MarquinezAlthough agreements were reached on several points of the collective agreement on March 27, the discounts were executed days later.
“By March 27 we reached an agreement on certain points of the collective agreement. However, the issue of discounts was implemented on March 30 to all captains and officers of the unit”Marquínez indicated to The Star of Panama.
The union leader explained that the discounts will be maintained as long as there is no statement from the Supreme Court of Justice.
“That’s right, the administration has not thought about turning back”he stated, while pointing out that the union has already updated the Court with evidence of the discounts reflected in the pay stubs. According to the union, the situation raises questions about the management of aspects such as social security contributions and tax withholdings derived from the affected salaries.
“This is a mess and we have not had a ruling from the CSJ that could suspend these illegal discounts”he added.
The conflict is based on different interpretations of the ruling of the Third Chamber of the Supreme Court.
The vice president of Human Capital of the ACP, Ruben Perezhe pointed out in a previous interview with The Star of Panama that the institution’s actions respond to the obligation to comply with the Court’s ruling.
“As public officials, we are obliged to abide by the legal regime that governs the Panama Canal. Given a Court ruling that orders the suspension of payments considered illegal and the recovery of those amounts, we do not have the discretion to make another decision”he explained.
Pérez indicated that, according to the institutional interpretation, the payments made during the questioned period should not have been made. “It is a payment that should not have been made according to the ruling of the Supreme Court of Justice”held.
The official acknowledged that this is a difficult measure for workers, but insisted that it responds to a legal obligation. “We understand that it is a complicated situation, but from a legal point of view we cannot do anything other than respect the ruling and recover the sums paid”he stated.
Likewise, he stressed that both the administration and the captains and deck officers are public officials, so both are subject to compliance with the judicial decision.
“If the administration does not carry out the recovery, the worker could even be exposed to legal risks for having received resources from the State without legal basis”he warned.
In contrast, the UCOC maintains that Court rulings do not have retroactive effects and that salaries already paid constitute acquired rights.
On April 8, the ACP reported the signing of a new collective agreement with the union, valid until 2033 and progressive salary increases in the coming years. However, the agreement does not resolve the conflict related to the recovery of accrued salaries, which continues in the legal field through protections that are still in the process of review.
The union reiterated that it has requested on multiple occasions that the measure be suspended, considering it contrary to labor legislation and current legal principles.
Despite the progress represented by the signing of the collective agreement, the continuity of the discounts keeps the conflict between the parties open.
The case is still awaiting a ruling from the Supreme Court of Justice, which could define the scope of the ruling and the future of the recoveries applied to some 200 Canal workers.
