Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 1, 2 and 4 of the Convention. Legislative matters. Referring to its previous comments, the Committee welcomes the adoption of the Labour and Employment Relations Act 2013 (LERA) and notes with satisfaction that:

• -Section 21 of the LERA guarantees the right to collective bargaining to trade unions, employers and federations of trade unions or employers’ organizations and imposes upon them an obligation to negotiate in good faith and make every reasonable effort to reach agreement.
• -Section 83(2)(q) of the LERA provides for regulations to be adopted to further provide for the effective exercise of the right to collective bargaining, including, but not limited to, matters relating to good faith bargaining, recognition of representative organizations and regulation of collective agreements.
• -Section 4 of the LERA establishes the National Tripartite Forum which aims at promoting industrial peace and contributing to a balanced growth of the national economy (section 7).
• -Section 13 of the LERA allows the Ministry responsible for labour and employment relations to investigate grievances and complaints, to assist with conciliation efforts where there are disputes between employers and employees and to promote harmonious relations and social dialogue between employers and employees.
• -Section 22(4) of the LERA protects employees against anti-union discrimination in recruitment and section 78(1) of the LERA provides for a fine not exceeding 50 penalty units for an employer who enters into a contract contrary to the LERA.
• -Section 63 of the LERA grants the Chief Executive Officer (CEO) of the Ministry responsible for labour and employment relations the powers to conciliate when requested to do so by either party to an industrial dispute; and, in line with section 64 of the LERA, the CEO can, upon a joint request of the parties and after consulting the National Tripartite Forum, refer an industrial dispute to a tripartite conciliation committee; section 76 allows the Minister responsible for labour and employment relations upon the application of any of the parties, to refer an industrial dispute which has not been solved through conciliation, to a judge of the Supreme Court sitting with two assessors.

The Committee is raising other matters in a request addressed directly to the Government.