Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government indicates in its first report that tripartite partners have drafted a new Labour and Employment Relations Bill (2010) (“the draft Bill”) to address all issues related to the Convention. The Committee notes that the draft bill is still in the process of being developed and has benefited from ILO technical assistance. The Committee expresses the firm hope that the legislative reform will take into account all comments made below and will soon be completed in consultation with the social partners. The Committee requests the Government to provide information on the progress made in its next report and to supply the new law once adopted.

Articles 1–6 of the Convention. While observing that the draft Bill contains provisions which in general are in conformity with the Convention, the Committee notes that the protection afforded is not complete in all points. The Committee requests the Government to ensure that the draft Bill includes:

• -the prohibition of all acts of anti-union discrimination (in taking up employment, during employment, and at the time of termination of employment) and effective and expeditious procedures of redress and sufficiently dissuasive sanctions;
• -the prohibition of all acts of interference by workers’ and employers’ organizations or each other’s agents or members in their establishment, functioning or administration, including in particular acts which are designed to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations; and effective and expeditious procedures of redress and sufficiently dissuasive sanctions;
• -the recognition of the right to collective bargaining of workers’ and employers’ organizations to all workers with the sole possible exception being the armed forces, the police and public servants engaged in the administration of the State; and
• -the recognition of the principles of voluntary and free collective bargaining and the related prohibition of compulsory arbitration except in the public service (in respect of public servants engaged in the administration of the State) and in essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole of part of the population.