Minimum Wage

In Panama, the minimum wage varies depending on the economic activity, specific occupation, and size of the establishment. As of 2023, minimum wages typically range from $326.56 to $971.35 per month. The government reviews these rates periodically to ensure they reflect the cost of living and economic conditions.

Minimum Wage Range	Amount (USD)
Lowest Minimum Wage	326.56
Highest Minimum Wage	971.35

Income Tax

Panama employs a progressive income tax system for individuals. The tax rates are structured as follows:

• 0% for annual income up to $11,000
• 15% for income between $11,000 and $50,000
• 25% for income exceeding $50,000

Employers are responsible for withholding these taxes from employees’ salaries and remitting them to the tax authorities.

Income Level	Income Tax Rate (%)
Up to $11,000	0%
$11,000 – $50,000	15%
Over $50,000	25%

Payroll Cost

The total payroll cost for employers in Panama includes various mandatory contributions. Employers are required to contribute approximately 12.25% towards social security and an additional 1.5% for educational insurance. Other contributions may vary based on industry-specific regulations.

Breakdown of Payroll Costs

Cost Component	Percentage of Gross Salary
Social Security	12.25%
Educational Insurance	1.5%
Occupational Risk Insurance	Varies by industry

Overtime Pay

In Panama, standard working hours are set at 8 hours per day and 40 hours per week. Overtime is permitted but must comply with specific regulations:

• Overtime pay is calculated at 125% of the regular hourly rate for standard days.
• For hours worked after 6 PM, the rate increases to 150%.
• Night shift employees receive 175% of their regular hourly rate.

Employees cannot work more than 3 hours of overtime per day or a total of 9 hours per week.

Overtime Regulation	Pay Rate
Standard Day Overtime	125% of regular pay
After 6 PM	150% of regular pay
Night Shift	175% of regular pay

This comprehensive overview provides essential information regarding minimum wage, income tax structure, payroll costs, and overtime pay regulations in Panama. Understanding these aspects is crucial for employers to ensure compliance with local labor laws while effectively managing workforce costs.

Regular & Maximum Working Hours

In Panama, the standard working hours are set at 8 hours per day and 48 hours per week. Most businesses operate on a five-day workweek, typically from Monday to Friday. However, specific industries may have different arrangements, and the maximum daily working hours can vary based on collective agreements.

• Night shifts (work between 6 PM and 6 AM) are limited to 7 hours per day and 42 hours per week.
• Employees are entitled to one mandatory rest day per week, usually Sunday.

Working Hours Regulation	Standard Hours	Maximum Daily Hours	Maximum Weekly Hours
Regular	8 hours	8 hours	48 hours
Night Shift	7 hours	7 hours	42 hours

Overtime Pay

Overtime is permitted in Panama but is subject to specific regulations:

• Overtime pay is calculated at 125% of the regular hourly rate for hours worked between 6 AM and 6 PM.
• For overtime worked between 6 PM and 6 AM, the pay increases to 150%.
• Night shift extensions or mixed shifts starting between these times are compensated at 175% of the regular pay rate.

Employees cannot work more than 3 hours of overtime per day or a total of 9 hours per week.

Overtime Regulation	Pay Rate
Daytime Overtime (6 AM – 6 PM)	125% of regular pay
Evening Overtime (6 PM – 6 AM)	150% of regular pay
Night Shift Extension	175% of regular pay

Leave

Employees in Panama are entitled to various types of leave, which include:

Annual Leave：Employees are entitled to 30 days of paid annual leave after completing 11 months of uninterrupted work. This leave can be taken in one continuous period or split into two segments.

Sick Leave：Employees are entitled to a maximum of 26 weeks of sick leave per year. During this period:

• The first 14 days are compensated at full pay.
• The remaining days are compensated at half pay.

Maternity and Paternity Leave

• Maternity Leave: Female employees are entitled to 14 weeks of paid maternity leave, which can be taken before or after childbirth. This leave is fully covered by the social security system.
• Paternity Leave: Fathers are entitled to 3 days of paid paternity leave upon the birth of their child, requiring proof via an official birth certificate.

Type of Leave	Duration/Compensation
Annual Leave	30 days after 11 months
Sick Leave	Up to 26 weeks (Full pay for first 14 days)
Maternity Leave	14 weeks (paid by social security)
Paternity Leave	3 days paid

Public Holidays

Panama observes several public holidays throughout the year, which provide employees with additional paid time off. If a public holiday falls on a Sunday, it will be observed on the following Monday.

Paid Public Holidays include:

1. New Year’s Day – January 1
2. Martyrs’ Day – January 9
3. Carnival Tuesday – February/March
4. Easter Holidays – Good Friday, Holy Saturday, Easter Sunday
5. Labor Day – May 1
6. Independence Day from Colombia – November 3
7. Flag Day – November 4
8. Separation Movement in Colón – November 5
9. First Cry of Independence from Spain – November 10
10. Independence Day from Spain – November 28
11. Mother’s Day – December 8
12. Christmas Day – December 25

Public Holiday	Date
New Year’s Day	January 1
Martyrs’ Day	January 9
Carnival Tuesday	February/March
Good Friday	March/April
Labor Day	May 1
Independence Day	November 3
Flag Day	November 4
Colón Separation Movement	November 5
First Cry of Independence	November 10
Independence from Spain	November 28
Mother’s Day	December 8
Christmas Day	December 25

This detailed overview provides essential information regarding working hours, overtime regulations, various types of leave, and public holidays in Panama, helping employers ensure compliance with local labor laws while effectively managing their workforce.

Termination Requirements

In Panama, the termination of employment contracts is governed by the Labor Code, which outlines specific requirements that both employers and employees must follow. Termination can occur for various reasons, including mutual agreement, expiration of a fixed-term contract, or justified cause.The following are key points regarding termination:

• Mutual Agreement: Both parties may agree to terminate the employment relationship.
• Expiration of Contract: Employment contracts may be terminated upon reaching the agreed-upon end date.
• Justified Cause: Employers may terminate an employee for justifiable reasons as defined by law, including misconduct or failure to perform duties.
• Written Notice: Employers must provide written notice specifying the reasons for termination.

Employees have the right to contest dismissals they believe are unjustified and may file a claim within 60 days for wrongful dismissal.

Termination Type	Description
Mutual Agreement	Termination by consent of both parties
Expiration of Contract	Ends when the contract term is completed
Justified Cause	Termination based on valid reasons
Written Notice	Required from employers to specify termination reasons

Notice Period

The notice period required for termination varies based on who initiates the termination:

• Employee Resignation: Employees must provide at least 15 days’ written notice.
• Employer Termination: Employers are generally required to give 30 days’ written notice unless the termination is for just cause, in which case no notice is needed.

For technical employees, a longer notice period of two months is required.

Notice Type	Duration
Employee Resignation	15 days
Employer Termination	30 days (or none if justified)
Technical Employee Resignation	2 months

Severance Pay

Severance pay in Panama is calculated based on the employee’s length of service and the reason for termination. Employees terminated without just cause are entitled to severance pay, which is calculated as follows:

• For employees with less than one year of service: 0.5 months’ salary
• For one to two years of service: 1 month’s salary
• For every additional year worked beyond two years: 1 month’s salary per year, up to a maximum of 14.8 months’ salary for those with over 20 years of service.

Severance pay is not required if the termination is due to justified cause as defined by law.

Length of Service	Severance Pay
Less than 1 year	0.5 months’ salary
1 – 2 years	1 month’s salary
2 – 20 years	1 month’s salary per year
Over 20 years	Up to 14.8 months’ salary

Probation Periods

In Panama, probation periods are typically included in employment contracts and can last up to three months. During this time:

• Either party can terminate the employment relationship without notice.
• After the probation period, standard notice periods apply.

Probation allows both employers and employees to assess whether they are a good fit for each other before committing to a long-term employment relationship.

Probation Period Duration	Notice Requirement
Up to 3 months	No notice required

This detailed overview outlines the requirements and regulations surrounding termination in Panama, including notice periods, severance pay calculations, and probation periods. Understanding these aspects is essential for employers to ensure compliance with local labor laws while managing workforce transitions effectively.

Contractor Misclassification

In Panama, the distinction between employees and independent contractors is crucial for compliance with labor laws. Misclassification occurs when an employer incorrectly labels an employee as an independent contractor to avoid legal obligations such as social security contributions and labor benefits. This can lead to significant legal repercussions, including fines and penalties.

Key Factors for Classification

The Panamanian Labor Code defines employment based on the relationship between the worker and the employer. Key factors that determine whether a worker is classified as an employee or an independent contractor include:

• Control: Employees typically work under the direction and control of the employer, while independent contractors have more autonomy over how they perform their tasks.
• Economic Dependency: Employees are economically dependent on their employer for their livelihood, whereas independent contractors operate their own businesses and are not reliant on a single client.
• Supervision: Employees usually receive regular oversight and direction, while independent contractors work independently without direct supervision.

Classification Factor	Employee	Independent Contractor
Control over work	High	Low
Economic dependency	Present	Absent
Level of supervision	Regular	Minimal

Legal Implications of Misclassification

Misclassifying an employee as an independent contractor can result in various liabilities for employers:

• Unpaid Taxes: Employers may be liable for unpaid social security contributions and income taxes that should have been withheld.
• Backdated Benefits: Misclassified workers may claim retroactive benefits such as paid leave, sick leave, and severance pay that they were denied.

Contractor Agreements

When hiring independent contractors in Panama, it is essential to have a well-drafted agreement that outlines key terms of engagement. Important elements of a contractor agreement include:

• Scope of Work: Clearly define the tasks and responsibilities expected from the contractor.
• Payment Terms: Specify payment rates, schedules, and methods.
• Duration of Contract: Indicate whether the contract is fixed-term or ongoing.
• Intellectual Property Rights: Address ownership of any intellectual property created during the contract.

Tax Responsibilities

Independent contractors in Panama are treated as self-employed individuals for tax purposes. They must register with tax authorities and are responsible for calculating and paying their taxes. The taxation options available include:

• Income Tax: Independent contractors must pay income tax based on their earnings, following the progressive tax rates applicable in Panama.
• Social Security Contributions: Contractors are responsible for making their own contributions to social security.

Taxation Method	Description
Income Tax	Paid based on earnings according to progressive rates
Social Security Contributions	Self-paid contributions to social security

This comprehensive overview of contractor misclassification, legal implications, contractor agreements, and tax responsibilities provides essential insights for employers looking to engage independent contractors in Panama. Understanding these aspects is crucial for ensuring compliance with local labor laws while effectively managing workforce needs.