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

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

Previous comment

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.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 4 of the Convention. Legislative matters. In its previous comments, while welcoming the adoption of the Labour and Employment Relations Act 2013 (LERA) and noting with satisfaction several of its provisions, the Committee had also highlighted that the protection afforded by the LERA did not give full effect to the Convention and that 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.

The Committee notes the Government’s indication that the LERA is under review to address the gaps identified. In this respect, the Government indicates that, in April 2018, a tripartite consultation on the LERA was held with the aim of bringing it into conformity with the ratified Conventions. Furthermore, the Committee notes that the Government specifies that no specific regulation concerning the right to collective bargaining has been adopted under section 83(2)(q) of the LERA.The Committee welcomes the tripartite consultation held in April 2018 and trusts that: (i) the LERA will be amended in the near future so as to give full effect to the Convention; and (ii) the regulations referred to by section 83(2)(q) of the LERA will soon be adopted in order to ensure the effective exercise of the right to collective bargaining. The Committee requests the Government to provide information in this respect.

Article 4. Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1, 2 and 4 of the Convention. Legislative matters. In its previous comments, while welcoming the adoption of the Labour and Employment Relations Act 2013 (LERA) and noting with satisfaction several of its provisions, the Committee had also highlighted that the protection afforded by the LERA did not give full effect to the Convention and that 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.

The Committee notes the Government’s indication that the LERA is under review to address the gaps identified. In this respect, the Government indicates that, in April 2018, a tripartite consultation on the LERA was held with the aim of bringing it into conformity with the ratified Conventions. Furthermore, the Committee notes that the Government specifies that no specific regulation concerning the right to collective bargaining has been adopted under section 83(2)(q) of the LERA. The Committee welcomes the tripartite consultation held in April 2018 and trusts that: (i) the LERA will be amended in the near future so as to give full effect to the Convention; and (ii) the regulations referred to by section 83(2)(q) of the LERA will soon be adopted in order to ensure the effective exercise of the right to collective bargaining. The Committee requests the Government to provide information in this respect.

Article 4. Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

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.

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

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.

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

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.

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

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.