Constitution

Panama 1972 Constitution (reviewed 2004)

Table of Contents

TITLE XI. PUBLIC EMPLOYEES

Chapter 1. Fundamental Provisions

Article 299

Public employees are persons appointed temporarily or permanently to posts in the Executive, Legislative or Judicial Branches of Government, as well as Municipalities, and Autonomous or Semi-autonomous Entities, and in general those who receive remuneration from the State.

Article 300

Public Employees shall be of Panamanian nationality, without discrimination for reasons of race, sex, religion or political activities. Their appointment and removal may not be the absolute and discretional prerogative of any Authority, except as provided in this Constitution.

Public Employees shall be governed by the merit system; Stability in their positions shall depend on their competence, loyalty and morality in service.

Article 301

Students and graduates of educational institutions shall render temporary services to the Community before freely practicing their profession or trade under compulsory Civil Service established by this Constitution. The Law shall regulate this matter.

Chapter 2. Basic Principles of Personnel Administration

Article 302

The rights and duties of public employees, as well as the principles governing tenure, promotion, suspension, transfer, dismissal, separation and retirement shall be established by law.

Appointments of career personnel shall be based on the merit system. Public Employees are obliged to personally discharge their duties, to which they shall dedicate their maximum capabilities and for which they shall receive a fair remuneration.

Article 303

Public Employees may not receive two or more salaries paid by the State, except in special cases determined by law, nor may they hold positions with simultaneous periods of work.

The pensions of Public Servants shall be based on actuarial studies and reasonable budgetary allocations.

Article 304

The President and the Vice-President of the Republic, the Justices of the Supreme Court of Justice, of the ordinary and specialized courts, the Office of the Attorney General of the Nation and that of the Administration, the judges, the Ministers of State, the Comptroller General of the Republic, the President of the National Assembly, the Justices of the Electoral Tribunal, the Justices of the Audit Tribunal, the Electoral Attorney General, the Ombudsman, the general directors, managers or heads of autonomous entities, the national and provincial directors of the police services, employees or money handling officers pursuant to the Fiscal Code, should present at the beginning and at the end of their terms of office a sworn declaration of their assets, which must be made publicly and in writing, within ten working days of the assumption of office and ten working days of leaving office, respectively.

The Notary-Public performs the necessary service without any costs.

This provision shall be in force immediately, without prejudice to its further regulation by the law.

Chapter 3. Organization of Personnel Management

Article 305

The following public service careers are established in accordance with the merit system:

  1. The administrative career;
  2. The judicial career;
  3. The educational career;
  4. The diplomatic and consular career;
  5. The career of Health Science;
  6. The Police career;
  7. The career of Cattle and Agricultural Sciences;
  8. The Legislative Service Career;
  9. Others established by Law.

The Law shall regulate the structure and organization of these careers in accordance with the requirements of the Administration.

Article 306

All official departments shall function on the basis of a Manual of Procedures and a Position Classification Manual.

Article 307

The following do not form part of the Administration Career (Civil Service):

  1. Officials whose appointments are regulated by this Constitution;
  2. General and deputy directors of autonomous or semi-autonomous entities, public officials appointed for a specific time or for fixed periods established by law, and those serving in honorary positions;
  3. Secretarial staff service personnel immediately attached to public officials who do not form part of any Career;
  4. Public officials with authority and jurisdiction who are not part of a career;
  5. Professionals, technicians or manual workers required for temporary or special services in the ministries and in autonomous or semi-autonomous institutions;
  6. Public employees whose positions are regulated by the Labor Code;
  7. Chiefs of Diplomatic Missions as determined by law.

Chapter 4. General Provisions

Article 308

The provisions contained in Articles 205, 208, 210, 211, 212 and 216 herein, shall be applied in accordance with the stipulations set forth in this Title.

Article 309

Public Employees may not themselves, or through third parties (interposita persona) execute contracts with the department or agency in which they work, when such contracts are for profit and of a character unsuited to the service rendered.