Labor Lawsuits in Panama

About Panama Labor Lawsuits

According to the Ministry of Labor and Labor Development (MITRADEL), claims or lawsuits must meet certain requirements before they can be filed.

Requirements to File a Lawsuit

The lawsuit must contain:

  1. The designation of the Judge to whom it is addressed.
  2. The names of the parties and their representatives.
  3. What is being demanded, expressing clearly and precisely the facts or omissions.
  4. The amount or estimate, if a liquid or determined sum of money is not requested, except in the case of petitions of a non-pecuniary nature.
  5. The legal grounds on which it is based. This last requirement will not be necessary when the worker can litigate his own cause.

Lawsuit Process Before a Judge

The complaint will be directed against the party against whom the claim is made or against his representative.

The deeds and documents presented by the parties, together with the claim are considered as proofs submitted in the proceeding, without the need for mention, reproduction, or transfer at the hearing.

The parties may request, only once, and only in the first instance, that the opposing party appears to testify on the interrogation that he freely formulates in the act of hearing.In the case of juridical persons, the Legal Representative, or the Manager or Administrator shall be summoned.

The judge will evaluate all the evidence including documents, confessions, and testimonies, and also hear both parties before making a resolution.

Resolutions after the Hearing

All resolutions will indicate the name of the corresponding court or tribunal, with an expression of the place and date in which they are pronounced, and will conclude with the signature of the Judge or Judges and of the secretary.

Depending on the lawsuit, the judge can:

  1. Order the payment of salaries, benefits, or indemnities greater than those requested by the worker, when it is demonstrated that they are less than those that correspond to the worker in accordance with the Law.
  2. Condemn the employer, even if the worker does not ask for it when it is duly proven.

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