Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee noted the Government’s indication that tripartite partners had drafted a new Labour and Employment Relations Bill (2010) to address all issues related to the Convention. The Committee also noted that the protection afforded was not complete in all points and requested the Government to ensure that the 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) as well as 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.

The Committee notes that the Government states in its report that the Office has provided technical inputs in relation to the Bill on Labour and Employment Relations. The Committee also notes that, according to the Government, the Bill now contains some provisions concerning protection against anti-union discrimination, good faith in collective bargaining, recognition of representative organizations and provisions on collective agreements including in relation to wages and condition of employment, relations between the parties and that other issues raised by the Committee may be addressed by regulations after the adoption of the Bill. The Committee hopes that the Bill will soon be adopted and will take into account its pending comments. The Committee requests the Government to provide a copy of the legislation once adopted.