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

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

Articles 1 and 2 of the Convention. Legislative matters. The Committee welcomes the adoption of the Labour and Employment Relations Act 2013 (LERA). Further to the points noted with satisfaction in its observation, the Committee notes that the protection afforded by the LERA does not give full effect to the Convention and provision should be made for:

• -The prohibition of all acts of anti-union discrimination not only in respect of recruitment but also in respect of employment, including any acts calculated to cause the dismissal of or otherwise prejudice a worker in the course of employment by reason of both trade union membership and activities; 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, including outsourced workers and workers without employment contract, and not only to employees, with the sole possible exception being the armed forces, the police and public servants engaged in the administration of the State.

Accordingly, the Committee requests the Government to take the necessary legislative and other measures, in consultation with the social partners, to bring the provisions of the LERA into full conformity with the Convention, taking into account the abovementioned comments, and to provide information on any progress made in this regard. The Committee also requests the Government to provide the text of any regulations concerning the right to collective bargaining adopted under section 83(2)(q) of the LERA.