Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Samoa (Ratification: 2008)

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Articles 1, 2 and 4 of the Convention. Legislative matters. In its previous comments, while noting with satisfaction several of its provisions, the Committee highlighted the need to revise the Labour and Employment Relations Act 2013 (LERA) in order to : (i) prohibit all acts of anti-union discrimination and interference and provide for effective and expeditious procedures of redress and sufficiently dissuasive sanctions; and (ii) recognize the right to collective bargaining to all workers, including outsourced workers and workers without employment contract. The Committee also requested the Government to adopt the regulations referred to in section 83(2)(q) of the LERA in order to ensure the effective exercise of the right to collective bargaining. The Committee takes note of the Government´s information that indicates that the LERA Bill is currently before the Samoan Parliament and review of Regulations will take place once the Bill is passed into Law. The Committee expects that: (i) the LERA will soon be amended and that the Committee’s observations will be duly taken into account in order to give full effect to the Convention, and (ii) the regulations referred to in section 83(2)(q) of the LERA will be adopted shortly to ensure the effective exercise of the right to collective bargaining. The Committee requests the Government to provide information on any progress made in this respect.

Article 4. Promotion of collective bargaining in practice. Noting the Government’s indications that there are currently no existing collective agreements that are in force in Samoa, the Committee requests the Government, in close consultation with the social partners, to take active measures, for the effective promotion of collective bargaining in all the sectors of the economy. The Committee requests the Government to provide information in this regard.

The Committee recalls that the Government can avail itself of the technical assistance of the Office.