Panama Employment Law & Compliance Guide for Employers
Key employment laws in Panama: what employers need to know
Employment in Panama is governed by the Código de Trabajo [Labour Code] of 1971, with social security run by the Caja de Seguro Social (CSS), reformed by Law 462 of 2025. Foreign employers are most often surprised by the décimo tercer mes [13th-month pay] paid in three instalments, the strong protection of indefinite-term employees against dismissal, and the 10% cap on foreign staff. This page summarises the core employer rules, with links to official sources.
Panama employment rules at a glance
| Topic | What the rule is | Official source |
|---|---|---|
| Minimum wage | Set by region, economic activity and company size in Executive Decree No. 13 of 31 December 2025, in force since 16 January 2026. Rates are mostly hourly; MITRADEL's online tool gives the exact rate. The Labour Code requires a review at least every 2 years. | EY Law Alert: Panamá – Salario mínimo 2026 (professional source) |
| Standard working hours | Day work (6 am–6 pm): max 8 hours a day and 48 a week. Night work: 7 hours a day, 42 a week. Mixed shifts: 7.5 hours a day, 45 a week; a shift with more than 3 night hours counts as night work. | Código de Trabajo, Arts. 30–31 (official text, Órgano Judicial) |
| Overtime pay | Overtime premium: 25% in daytime, 50% at night, 75% when it extends a night shift. Maximum 3 overtime hours a day and 9 a week. Work on a national holiday carries a 150% surcharge. | Código de Trabajo, Arts. 33, 36 and 49 (official text, Órgano Judicial) |
| Paid annual leave | 30 days of paid vacation for every 11 months of continuous work. Pay is based on salary, or on the average of the last 11 months for variable pay. Employees who leave earlier are paid proportional vacation. | Código de Trabajo, Arts. 54 (official text, Órgano Judicial) |
| Public holidays | Labour Code: 11 paid holidays and mourning days: 1 and 9 Jan, Carnival Tuesday, Good Friday, 1 May, 3, 5, 10 and 28 Nov, 8 and 25 Dec, plus inauguration day in election years. Later law added 20 Dec (national mourning). Holiday work: 150% surcharge. | Código de Trabajo, Arts. 46–49 (official text, Órgano Judicial) |
| Sick leave | The Labour Code (Art. 200) gives employees a yearly allowance of employer-paid sick days that can be carried forward within limits; longer absences of insured workers are covered by a CSS sickness subsidy. Check the current allowance with MITRADEL. | Código de Trabajo, Arts. 54 and 200 (official text, Órgano Judicial) |
| Maternity and parental leave | 14 weeks of paid maternity leave (6 before and 8 after birth). The CSS pays a maternity subsidy for insured workers and the employer covers any difference from normal pay. Fathers are entitled to a short paid paternity leave under Law 27 of 2017. | Código de Trabajo, Arts. 107 (official text, Órgano Judicial) |
| Probation period | Up to 3 months, only if agreed in writing and only for jobs needing special skills. It is not valid when rehiring someone for a job they held before. Either party can end the contract during probation without liability. | Código de Trabajo, Arts. 78 (official text, Órgano Judicial) |
| Notice period | Indefinite-term employees can be dismissed only for a legal cause, by written notice stating the cause and date. Economic-cause dismissals must first be verified by MITRADEL. Employees who resign without cause give 15 days' written notice. | Deloitte Legal, International Employment Law Guide – Panama (professional source) |
| Severance pay | Prima de antigüedad [seniority premium]: 1 week's pay per year on any exit from an indefinite contract. Unjustified dismissal adds indemnity of 3.4 weeks' pay per year for the first 10 years, then 1 week per extra year (employment from 12 August 1995). | Deloitte Legal, International Employment Law Guide – Panama (professional source) |
| Employer social contributions | CSS 13.25% since 1 April 2025, rising to 14.25% on 1 March 2027 and 15.25% on 1 March 2029 (Law 462 of 2025); educational insurance 1.5%; plus an occupational-risk premium by activity. No salary ceiling. | PwC Worldwide Tax Summaries, Panama – Other taxes (professional source) |
| Employee social contributions | 11% of salary: CSS 9.75% and educational insurance 1.25%, withheld by the employer. No salary ceiling. | PwC Worldwide Tax Summaries, Panama – Other taxes (professional source) |
| Income tax on salaries | Territorial system, withheld monthly by the employer. Annual bands: 0% up to USD 11,000; 15% from USD 11,000 to 50,000; 25% above USD 50,000 (plus USD 5,850). The balboa is at par with the US dollar. | PwC Worldwide Tax Summaries, Panama – Taxes on personal income (professional source) |
| Mandatory bonuses and 13th-month pay | Décimo tercer mes [13th-month pay]: one-twelfth of pay earned, paid in 3 instalments on 15 April, 15 August and 15 December. Pro rata amounts are paid on exit. | MITRADEL, Cálculo de Prestaciones (official calculator) |
| Work permits for foreign nationals | Foreign employees need a work permit from MITRADEL (Executive Decree 6 of 2023) and a residence permit from the Servicio Nacional de Migración. Ordinary foreign staff are capped at 10% of the workforce and specialists or technicians at 15%. | MITRADEL, Migración Laboral (work permit categories) |
| Employment contract requirements | Written contract in three copies: one for each party and one sent to MITRADEL for registration. It must state the parties, job, place, duration, hours, pay and payment terms. Fixed terms: max 1 year (3 for special skills); misuse makes the contract indefinite. | Código de Trabajo, Arts. 67–77 (official text, Órgano Judicial) |
Employer obligations in Panama, topic by topic
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Does an employment contract in Panama have to be in writing, and how long can probation last?
Does an employment contract in Panama have to be in writing, and how long can probation last?
What the law requires
The Labour Code requires a written contract signed in three copies: one for the employer, one for the employee and one sent to MITRADEL [Ministry of Labour and Workforce Development] for registration. It must state the parties’ details, the specific work, place of work, duration, working hours, salary and how it is paid. Some agricultural, domestic and very short jobs are exempt. If there is no written contract, the employee’s version of the terms is presumed true unless the employer proves otherwise.
Fixed term and probation
Indefinite contracts are the norm. Fixed-term contracts must be in writing and may last up to 1 year, or up to 3 years for work needing special technical skills. Using fixed terms for permanent work, or letting the employee keep working after the term ends, makes the contract indefinite. A probation period of up to 3 months is valid only if it is written into the contract and the job needs special skills; it cannot be used when rehiring someone for a job they held before. Either side can end the contract during probation without liability.
What this means for a foreign employer
Indefinite-term employees gain strong protection against dismissal once probation ends, so use the probation period deliberately, set clear objectives and document performance before it expires. A foreign company without a Panamanian entity cannot register with the CSS as an employer itself, so it usually hires through a local company or an Employer of Record that holds the contract, registers it with MITRADEL and runs payroll.
What employers should check
- Prepare the contract with all mandatory terms, in Spanish
- Register the contract with MITRADEL
- Put any probation clause (max 3 months) in writing
- Avoid rolling fixed-term contracts for permanent roles
Most relevant when: Before issuing an offer letter and on the employee’s first day.
What are the legal working hours in Panama, and how is overtime paid?
What are the legal working hours in Panama, and how is overtime paid?
What the law requires
- Day shift (6 am to 6 pm): up to 8 hours a day and 48 a week.
- Night shift (6 pm to 6 am): up to 7 hours a day and 42 a week.
- Mixed shift: up to 7.5 hours a day and 45 a week; if more than 3 hours fall at night, it counts as a night shift.
Employees are entitled to one rest day a week, normally Sunday. Work on a Sunday or other mandatory rest day is paid with a 50% surcharge.
Overtime
Overtime is paid with a surcharge of 25% if worked in the daytime, 50% if worked at night, and 75% if it extends a night shift or a mixed shift that started at night. Overtime is limited to 3 hours a day and 9 hours a week, and hours beyond these limits carry an extra 75% surcharge. Employees can generally refuse overtime except in emergencies. Work on a national holiday or day of mourning carries a 150% surcharge.
What this means for a foreign employer
Track hours and overtime in payroll, since overtime premiums are calculated on the ordinary hourly rate and also feed into vacation pay, the 13th month and severance amounts. Senior managers and staff in positions of trust are subject to special rules on hours, but this exception is applied narrowly. Night and mixed shifts are common in logistics, hospitality and support roles, so check which limits apply before setting rosters.
What employers should check
- Set schedules within the day, night or mixed limits
- Apply the correct overtime premium by time of day
- Keep overtime within 3 hours a day and 9 a week
- Record Sunday and holiday work separately
Most relevant when: When designing schedules, especially for shift or night-time roles.
Official basis: Código de Trabajo, Arts. 30–49 (official text, Órgano Judicial)
How does the minimum wage work in Panama, and what pay is mandatory?
How does the minimum wage work in Panama, and what pay is mandatory?
Minimum wage by region and activity
Panama has no single minimum wage. Executive Decree No. 13 of 31 December 2025, published in the Gaceta Oficial on 6 January 2026 and in force since 16 January 2026, replaced the 2024 decree. It sets minimum rates, mostly per hour, that vary by:
- region (Region 1 covers listed districts such as Panamá, San Miguelito, Colón, David, Santiago and La Chorrera; Region 2 the rest of the country);
- economic activity and occupation;
- company size in some activities.
MITRADEL’s online consultation tool returns the exact rate for a given region, activity and province. The Labour Code requires the minimum wage to be reviewed at least every 2 years.
13th-month pay and other rules
The décimo tercer mes [13th-month pay] equals one-twelfth of salary earned and is paid in three instalments: 15 April, 15 August and 15 December, each covering the previous four months. It is pro rated on exit. Salaries are paid in balboas, which are at par with the US dollar, and the US dollar circulates as legal tender.
What employers should check
- Look up the rate for the region, activity and province in MITRADEL's tool
- Apply the Decree No. 13 rates from 16 January 2026
- Schedule 13th-month instalments for 15 April, 15 August and 15 December
- Include overtime and commissions in 13th-month calculations
Most relevant when: When setting salaries and planning the payroll calendar.
How much paid leave do employees get in Panama?
How much paid leave do employees get in Panama?
Vacation and public holidays
Employees earn 30 days of paid vacation for every 11 months of continuous work, and leavers are paid proportional vacation. The Labour Code’s holidays and days of mourning are 1 January, 9 January, Carnival Tuesday, Good Friday, 1 May, 3, 5, 10 and 28 November, 8 December and 25 December, plus the presidential inauguration day in election years. Later legislation added 20 December as a national day of mourning. If a holiday falls on a Sunday, the Monday is a rest day. Holiday work carries a 150% surcharge.
Sick, maternity and paternity leave
- Sick leave: the Labour Code gives a yearly allowance of employer-paid sick days that can be carried forward within limits. Beyond that, insured workers receive a CSS subsidy.
- Maternity: 14 weeks, 6 before and 8 after birth. The CSS pays a subsidy for insured workers and the employer covers any difference from normal pay. Mothers are protected from dismissal during pregnancy and for a period after returning to work.
- Paternity: a short paid leave under Law 27 of 2017.
What employers should check
- Track vacation accrual against the 11-month cycle
- Track each employee's sick leave balance
- Load national holidays and mourning days into payroll
- Check maternity protection before any dismissal
Most relevant when: When building the leave policy and the annual holiday calendar.
What does an employer pay in social security and payroll tax in Panama after the 2025 CSS reform?
What does an employer pay in social security and payroll tax in Panama after the 2025 CSS reform?
Employer and employee contributions
- CSS [social security]: employer 13.25% since April 2025, 14.25% from 1 March 2027 and 15.25% from 1 March 2029, under Law 462 of 2025; employee 9.75%.
- Educational insurance: employer 1.5%, employee 1.25%.
- Occupational risk: employer-only premium set by the risk class of the activity.
There is no salary ceiling. Under Law 44 of 1995, employers also pay quarterly into a fondo de cesantía [severance fund] held by an authorised trust company, covering the seniority premium plus 5% of the monthly indemnity share.
Income tax withholding
Panama taxes only Panamanian-source income, so salaries for work done in Panama are taxed regardless of the employee’s nationality or where the payer is based. Employers withhold tax monthly based on annual bands: 0% up to USD 11,000, 15% on income from USD 11,000 to 50,000, and USD 5,850 plus 25% on income above USD 50,000.
What this means for a foreign employer
Budget for about 14.75% in employer charges in 2026 plus the occupational-risk premium, the 13th month (8.33% of pay), 30 days’ vacation and cesantía fund contributions. Plan for the scheduled CSS increases in March 2027 and March 2029 in multi-year budgets. Registration with the CSS and the tax authority requires a local entity, which is why companies without one often use an Employer of Record.
What employers should check
- Register as an employer with the CSS before the first payroll
- Apply the 13.25% CSS employer rate and plan for 2027 and 2029 increases
- Set up quarterly cesantía fund contributions
- Withhold income tax using the annual 0%/15%/25% bands
Most relevant when: When budgeting total employment cost and setting up the first payroll.
How much notice and severance does an employer owe when dismissing an employee in Panama?
How much notice and severance does an employer owe when dismissing an employee in Panama?
When an employer can dismiss
After probation, an indefinite-term employee can be dismissed only for a just cause listed in the Labour Code (such as serious misconduct), for certain causes not attributable to the worker, or for legal economic causes. The employer must give written notice stating the cause and date, and cannot later rely on other reasons. An economic cause must first be verified by MITRADEL; if it does not respond within 60 calendar days, the employer may proceed. If the cause is not proven, the dismissal is unjustified and the employee can claim indemnity, or in some cases reinstatement.
What is owed
- Prima de antigüedad [seniority premium]: 1 week’s pay per year of service, pro rata for part years, on any termination of an indefinite contract, including resignation.
- Indemnity for unjustified dismissal (employment that began after 12 August 1995): 3.4 weeks’ pay per year for the first 10 years, then 1 week per additional year.
- Accrued vacation and the pro rata 13th month.
MITRADEL’s official online calculator estimates these amounts from the employee’s dates and pay.
What this means for a foreign employer
Defending a dismissal is costly and uncertain, so many exits are negotiated as mutual agreements and signed before MITRADEL or a labour authority to make the release valid. Pregnant workers, union officials and some other groups have special protection that requires prior court authorisation to dismiss. Keep written evidence of any misconduct and deliver the dismissal letter with the reasons stated.
What employers should check
- Identify the legal cause and give written reasons
- Calculate seniority premium, indemnity, vacation and 13th month
- Have an economic cause verified by MITRADEL before dismissing
- Check for maternity or union protection
- Sign mutual agreements before MITRADEL
Most relevant when: Before any dismissal, restructuring or negotiated exit.
Can a company hire a foreign national in Panama, and which permit is needed?
Can a company hire a foreign national in Panama, and which permit is needed?
What the law requires
Foreign nationals need a permiso de trabajo [work permit] from MITRADEL, under the Labour Code and Executive Decree 6 of 13 April 2023, and a matching residence status from the Servicio Nacional de Migración. Under Labour Code Art. 17, at least 90% of an employer’s ordinary workers must be Panamanian (or foreigners treated as local labour), so ordinary foreign staff (permit 2A) are capped at 10%; specialist or technical foreigners (permit 2B) at 15%. Separate categories cover trust staff, small businesses and special regimes; permits for the Colón Free Zone and City of Knowledge are outside the quotas.
What this means for a foreign employer
Check the quota before recruiting, because a small team can hit the 10% limit with one hire. MITRADEL publishes a list of professions and trades restricted for migrant workers, so confirm the role is open to foreigners. Allow several months for the permit and residence process, and do not let the person start work before the permit is issued. Foreign employees are registered with the CSS like local staff.
What employers should check
- Check the 10% and 15% foreign staff quotas
- Confirm the profession is not reserved for Panamanians
- Apply for the MITRADEL work permit and migration residence
- Track permit expiry dates and renewals
Most relevant when: Before making an offer to a non-Panamanian candidate or relocating staff.
Is it risky to engage independent contractors instead of employees in Panama?
Is it risky to engage independent contractors instead of employees in Panama?
What the law says
Panama’s Labour Code applies whenever a person works under another’s legal subordination or in economic dependence. Signs include set hours, instructions and supervision, use of company tools, exclusivity and a regular fee. The contract label does not decide the question; MITRADEL and the labour courts look at how the work is actually done. Professional services contracts are common, but they are safe only where the person works independently, sets their own hours and serves other clients.
What this means for a foreign employer
If a contractor is reclassified, the company can owe CSS and educational insurance contributions with surcharges, 13th-month pay, vacation, the seniority bonus and indemnity on termination. Indefinite-term status also makes a later exit harder and more expensive. For ongoing, full-time roles integrated into the business, employ the person through a local entity or an Employer of Record instead.
What employers should check
- Avoid fixed hours and line management for contractors
- Require invoices and the contractor's own tax registration
- Pay against deliverables, not a monthly salary
- Review long-running contractor relationships each year
Most relevant when: Before engaging freelancers for ongoing or full-time work.
Official basis: MITRADEL (Ministry of Labour)
Key employment laws in Panama and official sources
- Código de Trabajo (Cabinet Decree No. 252 of 1971, as amended) — Main labour law: contracts, working time, leave, dismissal, seniority premium and foreign worker quotas.
- Law 44 of 1995 (Labour Code reform) — Sets the current indemnity scale and the employer-funded severance fund (fondo de cesantía).
- Executive Decree No. 13 of 31 December 2025 (minimum wages) — Sets the minimum wage rates by region, activity and company size from 16 January 2026.
- Ley Orgánica de la Caja de Seguro Social (Law 51 of 2005), as amended by Law 462 of 2025 — Governs CSS contributions and benefits, including the stepped employer rate increases to 2029.
- Executive Decree No. 6 of 13 April 2023 (labour migration) — Regulates MITRADEL work permits for foreign nationals and their permit categories.
- Código Fiscal (income tax provisions) — Sets territorial income tax and the employer’s duty to withhold tax on salaries.
- Decreto Ley 3 of 2008 (Servicio Nacional de Migración) — Governs entry and residence categories for foreign nationals, alongside MITRADEL work permits.
FAQs: hiring employees in Panama
Can a foreign company hire employees in Panama without a local entity?
Not directly as the legal employer. To run payroll, an employer must register with the CSS and tax authority and register employment contracts with MITRADEL, which requires a local presence. Foreign companies without an entity usually hire through an Employer of Record, which employs the worker under a Panamanian contract and handles payroll, 13th-month pay and CSS filings.
How much does an employee cost in Panama on top of gross salary?
In 2026 the employer pays CSS at 13.25% and educational insurance at 1.5%, plus an occupational-risk premium set by activity, with no salary ceiling. The CSS employer rate rises to 14.25% in March 2027 and 15.25% in March 2029. Add the 13th-month pay (one-twelfth of salary), 30 days’ vacation a year and quarterly cesantía fund contributions.
What is the minimum wage in Panama in 2026?
There is no single figure. Executive Decree No. 13 of 31 December 2025, in force since 16 January 2026, sets minimum rates, mostly hourly, that vary by region, economic activity and, in some sectors, company size. Employers should use MITRADEL’s online consultation tool to find the exact rate for the region, activity and province where the employee works.
How much notice and severance does an employer owe when dismissing an employee in Panama?
Indefinite-term employees can be dismissed only for a legal cause, by written notice stating the cause; economic causes must first be verified by MITRADEL. On any exit the employee gets a seniority premium of 1 week’s pay per year. An unjustified dismissal adds indemnity of 3.4 weeks’ pay per year for the first 10 years, then 1 week per year, plus accrued vacation and 13th month.
Can a company hire a foreign national in Panama, and what permit is needed?
Yes. The worker needs a work permit from MITRADEL and a residence permit from the Servicio Nacional de Migración. Ordinary foreign staff are limited to 10% of an employer’s workforce, and specialists and technicians to 15%, with some special-regime exceptions. MITRADEL also restricts certain professions to Panamanians. Work cannot start until the permit is issued.
Is it risky to engage contractors instead of employees in Panama?
Yes. If the person works under the company’s direction or depends on it economically, the Labour Code treats the relationship as employment. Reclassification can lead to CSS contributions with surcharges, 13th-month pay, vacation, the seniority bonus and indemnity on exit. Use contractors only for independent, project-based work.
Related NNRoad resources for Panama: Employer of Record in Panama · Payroll in Panama · Hiring foreign employees in Panama · Contractors and on-demand talent in Panama · Panama employer cost calculator
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