Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Samoa (Ratificación : 2013)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 entered into force for Samoa on 23 December 2024. In relation to these amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article I of the Convention. General questions on application. Implementing measures. In reply to its previous comments, the Committee notes the Government’s indication that it is still working on amending the national laws and regulations to ensure full compliance with the provisions of the Convention. Recalling that the Convention was ratified by Samoa in 2013, the Committee requests the Government to adopt the relevant measures without further delay to give full effect to the provisions of the Convention taking into account the comments presented below. It requests the Government to provide a copy of all new laws and regulations once adopted.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. In reply to its previous comments, the Committee notes with interest the Government’s indication that the Labour and Employment Relations Amendment Act ‘LERAA’ 2023(LERAA) was endorsed by the Parliament of Samoa and came into force on 5 February 2024. It further notes that section 51(1) of the LERAA stipulates that the compulsory age for employment is 16 years old, which aligns with Regulation 1.1 and Standard A1.1, paragraph 1. Additionally, the Committee notes that section 51(3) of the LERAA, which previously allowed exceptions for children under 15 years old employed on vessels, has been repealed. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1. Seafarers’ employment agreements. In reply to its previous comment, the committee notes the Government’s indication that new legislation is being developed to fully implement these requirements of the Convention. While noting this progress, the Committee urges the Government to adopt the new national legislation without delay to ensure full compliance with Standard A2.1, paragraph 1. As regards the matters to be included in the seafarers’ employment agreement (SEA), the Government repeats its previous statement that a new legislation is being developed to give fully effect to Standard A2.1, paragraph 4. The Committee once again requests the Government to adopt without delay the new Regulation that fully complies with this requirement of the Convention. Finally, the Committee notes the Government’s statement that Samoa is currently reviewing measures to ensure that seafarers’ conditions of employment are easily accessible on board. However, it underlines that the CBA provides that an employee may terminate their employment with a 7-day written notice to the company he or she works for, also that seafarers from Samoa who are recruited on international ships have access to their CBAs on board. While noting this information, the Committee requests the Government to take the necessary measures to ensure full compliance with Standard A2.1, paragraph 1(d) (seafarers’ conditions of employment to be easily obtained on board), Standard A2.1, paragraph 2 (copy of the CBA forming all or part of a SEA to be available on board), and Standard A2.1, paragraph 6 (consideration of the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons).

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. In reply to its previous comment, the Committee notes that the Government indicates that it would take the necessary measures to amend the current legislation to ensure that allotment services are provided at reasonable rates and exchange rates are favourable to seafarers be in compliance with the requirements of the Convention. While noting this information, the Committee recalls that Standard A2.2, paragraph 5, requires that allotment services, which provide seafarers with means to transmit all or part of their earnings to their families, dependants or legal beneficiaries, be charged at a reasonable amount and that the rate of currency exchange be at the prevailing market rate or the official published rate and not unfavourable to the seafarers. Noting that there are no requirements in national legislation implementing this prescription, the Committee requests the Government to adopt laws and regulations without delay to give effect to Standard A2.2, paragraph 5.

Regulations 2.1 and 2.2, Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In reply to its previous comments, the Committee notes the Government’s indication that the current legislation, in particular the Shipping Act 1998 does not address these provisions of the Convention. The Committee further notes that this Act is under review to ensure full compliance with the requirements of the Convention. The Committee requests the Government to take the necessary measures without delay to fully implement Standards A2.1, paragraph 7, and Standard A2.2, paragraph 7.

Regulation 2.3 and Standard A2.3, paragraph 8. Hours of work and hours of rest. On-call work. In reply to its previous comment, the Committee notes the Government’s indication that the CBA and the Shipping Act 1998 do not have specific provisions concerning on-call work. Noting that there are still no requirements in national legislation implementing this prescription, the Committee requests the Government to adopt laws and regulations without delay to ensure full compliance with Standard A2.3, paragraph 8.

Regulation 2.3 and Standard A2.3, paragraph 13. Exceptions to the hours of rest. In reply to its previous comment, the Committee notes the Government’s indication that it will consider amending section 15 of the STCW Regulations 2024 to align with Standard A2.3 paragraph 13.The Committee asks the Government to take the necessary measures without delay to ensure the full implementation ofStandard A2.3, paragraph 13.

Regulation 2.4 and the Code. Entitlement to leave. In reply to its previous comment, the Committee notes the Government’s indication that section 40 of the LERA specifies a minimum of 10 days of annual leave days for the private sector, including domestic seafarers on a pro rata basis once they start working, while article 13 of the CBAs grant leave payments for leave days. It further notes that the Samoa Shipping Corporation (SSC) arranged working schedules for domestic seafarers to work 7 days which is made up of 40 hours with 7 days off consecutively. In this respect, the Committee recalls that Standard A2.4, paragraph 2, sets a minimum of 2.5 calendar days for each month of service as the basis for the calculation of paid annual leave. The Committee accordingly asks the Government to take the necessary measures to ensure full compliance with the leave requirements of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition of agreements to forgo annual leave. Exceptions. In reply to its previous comment, the Committee notes the Government’s indication that it will amend national maritime regulations to fully align with the requirements of the Convention. While noting this information, the Committee asks the Government to take the necessary measures without delay to ensure full implementation of Standard A2.4, paragraph 3, of the Convention.

Regulation 2.5 and the Code. Repatriation. In reply to it previous request, the Committee notes that no development has been made since the latest report. It further observes that contrary to the Government’s indication, no copy of CBA applicable on ships flying the flag of Samoa has been provided. The Committee requests the Government to adopt the necessary measures to ensure full compliance with the requirements of Regulation 2.5 and the Code.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that no legislative developments have been reported since the submission of the Government’s latest report. Accordingly, the Committee requests the Government to take the necessary measures without delay to implement Standard A2.5.2 of the Convention.

Regulation 2.6 and Standard A2.6, paragraph 1. Seafarers’ compensation for the ship’s loss or foundering. Unemployment Indemnity. In reply to its previous comment, the Committee notes the Government’s indication that the ongoing review of the Shipping Act 1998 aims to ensure full compliance with Standard A2.6, paragraph 1. The Committee requests the Government to take the necessary measures without delay to ensure that the revised Shipping Act 1998 fully reflects and implements Standard A2.6, paragraph 1, of the Convention.

Regulation 2.7 and Standard A2.7, paragraphs 2 and 3. Manning levels. In reply to its previous comment, the Committee notes the Government’s indication that section 7(1) of the CBA (note attached) ensures that seafarers receive a minimum of ten (10) hours of rest in any 24-hour period and 77 hours of rest in any seven-day period. However, the Committee also notes that no copy of the Minimum Safe Manning Document has been provided as requested. In this regard, the Committee recalls that compliance with the minimum hours of rest under the Convention is not the only requirement for full compliance with Standard A2.7, paragraphs 2 and 3. The Convention establishes additional specific obligations, including the requirement that when determining manning levels, the competent authority must take into account all relevant provisions of Regulation 3.2 and Standard A3.2 concerning food and catering. Furthermore, the Committee observes that the Government has not provided information on how it ensures that manning levels prevent excessive hours of work, ensure sufficient rest, and minimize fatigue, as required under Regulation 2.7 and Standard A2.7, paragraphs 1 and 2. The Committee therefore urges the Government to adopt the necessary measures without delay to ensure full compliance with all the requirements of Standard A2.7, and to provide an example of a Minimum Safe Manning Document.

Regulation 3.1 and Standard A3.1. Seafarers’ accommodation and recreational facilities on board. The Committee notes the Government’s indication that the ongoing amendment of the Shipping Act 1998 aims to ensure full implementation of the provisions of the Convention. While noting this information, the Committee requests the Government to adopt the amendments to the Shipping Act without delay to fully implement the requirements of Standard A3.1 of the Convention.

Regulation 3.2 and Standard A3.2. Food and catering. In reply to its previous comment, the Committee notes the Government’s indication that there is no development on this issue. It further notes that in practice, seafarers working on ships flying Samoa’s flag are provided with food and drinking water during the trip. Recalling that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, the Committee requests the Government to indicate the measures adopted or being prepared to give full effect to Standard A3.2.

Regulation 4.1 and Standard A4.1. Medical care on board ship and ashore. The Government observes that there is still no development in this issue. The Committee therefore reiterates its previous comment andrequests the Government to adopt the necessary measures without delay to ensure full compliance with these requirements of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. In reply to its previous comment, the Committee notes the Government’s indication that under the Accident Compensation Act 1989, all employees – including domestic seafarers – must contribute to a single, compulsory accident compensation scheme. Although the Act primarily focuses on passenger safety rather than Standard A4.2, paragraph 1, the SSC maintains strict safety protocols for both passengers and seafarers, including providing safety gear at the company’s expense and conducting regular inspections. In the event of an accident, the shipowner assumes liability and provides financial compensation to seafarers. While noting this information the Committee recalls that Standard A4.2.1, paragraph 1, provides for the adoption of laws and regulations requiring that shipowners of ships that fly the Member’s flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the minimum standards provided for in the same Standard, paragraphs 1, 3 and 7, with the possible limitations and exemptions envisaged in paragraphs 2 and 4 to 6. The Committee requests the Government to adopt the necessary measures without delay to give full effect to Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In response to its previous comment, the Committee notes the Government’s indication that it is actively working to adopt the necessary measures to align national legislation with Standards A4.2.1 and A4.2.2. The Committee therefore reiterates its previous comment and requests the Government to take the necessary measures without delay to ensure full compliance with these requirements of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In reply to its previous comment, the Committee notes the Government’s indication that the Government developed in 2023 eight comprehensive OSH Guidelines covering Emergency Preparedness, Manual Handling, Plant Safety, Electrical Safety, Hazardous Substances, Lifestyle and Wellbeing, Physiological Health, and Working at Heights. The Committee observes that these Guidelines are of general nature, and they are not specific to health and safety protection and maritime accident prevention. The Committee requests the Government to take the necessary measures to adopt the specific legislative provisions that give effect to Regulation 4.3, paragraph 3, and to implement the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners’ and seafarers’ organizations (Regulation 4.3, paragraph 2).

Regulation 4.5 and the Code. Social security. In its previous report, the Government had indicated that the MSC/ITF Collective Agreement accentuates the social security entitlements for seafarers. In article 24 of the CBA, maternity leave is available along with medical care, sickness benefit and employment injury benefits. It also stated that, although there are no provisions in the national legislation for seafarers working abroad, their social security protection is dealt with by way of CBA. The Committee understands that, as regards medical coverage, the 2019 merger of the Ministry of Health with the National Health Services aimed to revitalize primary healthcare by strengthening service delivery and focusing on preventive care. It also understands that, in the absence of a social security scheme covering offering sickness benefits, such benefits are regulated and provided by way of CBA, based on the principle of employer liability for both shoreworkers and seafarers, regardless of whether they are employed on national or foreign ships. Finally, the Committee understands that employment injuries are covered by way of a social insurance system, under the 1989 Samoa Accident Compensation Act. While taking note of the information provided, the Committee requests that the Government provide further details regarding the protection related to: (i) Sickness benefits: the modalities through which seafarers working on foreign vessels, while remaining residents of Samoa, can benefit from the provisions of collective agreements even if their employers are not parties to those agreements; and (ii) Employment injury benefits: whether the 1989 Accident Compensation Act applies to seagoing vessels operating outside national waters. As regards the protection for other contingencies, the Committee notes the Government’s indication that the Samoa National Provident Fund Act 1972 (SNPF) offers social security coverage for domestic seafarers and that seafarers recruited on foreign waters may opt into the scheme. The Government further points out that there is equal employer–employee sharing of the contributions paid into the fund (10 per cent each). While noting this information, the Committee requests the Government to clarify whether this indication is given pursuant to Standard A4.5, paragraph 10, which aims at extending the social security protections by informing the Director-General of the ILO of protection afforded for branches of social security other than those specified upon ratification. The Committee further requests the Government to indicate how payments into the fund are made on behalf of seafarers residing in Samoa but working on board foreign vessels taking into account that their employers may not subjected to the SNPF’s jurisdiction. 

Title 5. Compliance and enforcement. In reply to its previous comment, the Committee notes the Government’s indication that maritime regulations are still under development. While acknowledging this information, the Committee requests the Government to take the necessary measures without delay to adopt these regulations to ensure full compliance with the requirements of Title 5 of the Convention.