General Information:
  

FOREIGN EMPLOYEE EMPLOYMENT PERMIT (FEEP)

 
The Labour and Employment Relations Act 2013 provides the specific requirements for non-citizens of Samoa to apply for a foreign   employee employment permit to the Ministry of Commerce, Industry and Labour. The relevant provisions are as follows:

 
A person who is not a citizen of Samoa not to undertake employment in Samoa, unless an employment permit has been granted to that person under this Part. A person who contravenes this Part commits an offence and upon conviction is liable to a fine not exceeding 50 penalty units. [1 penalty unit = SAT$100.00]

 
A person, not being a citizen of Samoa, or his or her representative, to apply in writing to the Minister for an employment permit. An application under subsection (1) must be accompanied by the application fee. The Application FormMCIL FEP1A, the Individual Employment Agreement (IEA) and the FEEP Checklist Form can be downloaded from the Ministry of Commerce, Industry and Labour website http://www.mcil.gov.ws on the front page or under the Industrial Relations, Employment Permit, Occupational Safety and Health Division Page. It is very important that you complied with the Checklist.

 

The fees as determined by the Minister under section 79[i] are as follows:

 

 

Description of the Types of Fee

AB-Fee if applicant is Abroad

IC-Fee if the applicant is In Country (in Samoa)

(1)

Employment Permits in Professionals (holders of Professors; Doctorals; Masters Degree; Post Grad; Degree)

 

SAT$600.00

 

SAT$1,200.00

(2)

Employment Permits as Directors / Owners / Executives of Approved Foreign Investment Companies

 

SAT$600.00

 

SAT$1,200.00

(3)

Employment Permits in Specialized Trades (Apprentices Cert in Motor Mechanic; Welding & Fabrication; Electrical; Plumbing & Sheet Metal; Carpentry & Joinery; Refrigeration & Air Conditioning; Fitting and Machinary)

 

SAT$600.00

 

SAT$1,200.00

(4)

Employment Permits in the Temporary Movement of Natural Persons in the Pacific (TMNP)

 

SAT$600.00

 

SAT$1,200.00

(5)

Employment Permits in Investment as an Approved Foreign Investment Certificate (FIC)

 

SAT$600.00

 

SAT$1,200.00

(6)

Lodgment Fee to MCIL

SAT$200.00

SAT$100.00

(7)

Employment Permits for Exempted Services (Less than 3 months of employment)


SAT$300.00


SAT$600.00

(8)

Employment Permits in Approved Reserve List (exemptions s.3 FIA2000)


SAT$2,400.00


SAT$2,400.00

(9)

Employment Permits in Non-Specialized Trades (trades not covered in Apprentices #3 above)


SAT$1,200.00


SAT$1,200.00

(10)

Employment Permits in Domestic Work in Non-Private Households (Hotels; Motels; Bars; Nightclubs; Restaurants)


SAT$1,200.00


SAT$1,200.00

(11)

Employment Permits in Domestic Work in General Labourer

SAT$1,200.00

SAT$1,200.00

(12)

Employment Permits in Domestic Work in Private Households (not include village households)

SAT$600.00

SAT$600.00

 

The Minister may grant an employment permit to a person who is a non-citizen where the Minister considers it appropriate to do so in the circumstances. The Minister must, before granting an employment permit, consider the following:

  • Assessment - The assessment has a 48 hours turnaround timeline and the maximum number of days of the assessment is 10 working days. The assessment is done using a 6 metric point system with a total of 100% and the maximum months is 24 months in accordance with the following categories under section 60 subsection 2 of the Labour and Employment Relations Act 2013:

(a) the qualifications and training of the applicant;

(b) any work references related to the proposed vacant position;

(c) the development of the relevant industry;

(d) the number of Samoan citizen employees employed in that industry;

(e) employment requirements under the Foreign Investment Act 2000.

 

 

A permit granted under this section may be subject to such conditions as the Minister considers appropriate; and is only valid for two (2) years.

Labour Inspectors should check the FEEP1A and highlight the attachments as indicated below for ease of reference





BUSINESS

 

 

 







DOMESTIC WORK

 

 

 





Completed, signed application form




Completed, signed application form



Appropriate Fees







Appropriate Fees






Two passport-sized colour photographs




Two passport-sized colour photographs



A7

Copy of Passport







A7

Copy of Passport






C1

Copy of Business License (current year)




C1

Household Full Name





C1(i)

Copy of Foreign Investment Certificate (new)



C8

Reasons to employ foreign employee



C8

Reasons to employ foreign employee




D

Signed Individual Employment Agreement


C9

Copy of payroll (one period wages of business)



D7(i)

Copy of Work Reference from current employer


C9(i)

Copy of P4 in relation to wage period




D7(ii)

Copy of Work Reference from previous employer


C9(ii)

Copy of NPF receipt in relation to wage period












C9(iii)

Copy of ACC receipt in relation to wage period












D

Signed Individual Employment Agreement












D6

Copy of Qualification















D7(i)

Copy of Work Reference from current employer












D7(ii)

Copy of Work Reference from previous employer































Benchmark for the Assessment:

If the application is below the Benchmark of 65%, the application is rejected and no re-consideration will be given for that application. That is, a new application is required to follow the above-mentioned process and a new fee applies;

 

If the application is above the Benchmark of 65%, the application is approved. A Foreign Employment Permit Card will be issued to the applicant with all the details detailing the following terms and conditions of employment in accordance with the information provided in the FEEP1A Form and the IEA

 

The Minister must revoke an employment permit where the Minister is satisfied that:

(a) the employment permit holder has breached any conditions imposed upon him or her; or

(b) the employment permit holder has breached any condition of his or her terms of employment with an employer who is a Samoan citizen; or

(c) the employment permit holder had provided misleading or false information for the purpose of obtaining his or her employment permit;

(d) it is appropriate to do so in the circumstances in the public interest.

 

Before revoking an employment permit, the Minister must first consider a report or recommendation made to him or her by the CEO relating to the applicable employment permit holder.

 

The CEO must keep and maintain a register of employment permits granted under this Part. The register required to be kept under subsection (1) is open for public inspection upon payment of an inspection fee.

 

 

For further information and clarification, please feel free to email our Labour Inspectorate Team responsible for Foreign Employee Employment Permits saeumalo.keipo@mcil.gov.ws or retina.tuiletufuga@mcil.gov.ws

 



[i] Labour and Employment Relations Act 2013

 

DOWNLOADS

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The information on this page is available in PDF format. Cick on the title below to view or download.

 Foreign Employment Permit Brochure

File details:
Name: FEP Process Eng Brochure 1.4.14
Size: 157KB


 Process for Foreign Employment Permit

File details:
Name: Process for the Operations of FEP
Size: 490KB


 Foreign Employment Permit Checklist

File details:
Name: Foreign Employment Permit Checklist
Size: 98KB


 Foreign Employment Permit Form

File details:
Name: Foreign Employment Permit Form.pdf
Size: 221KB


 Work Permit Information

File details:
Name: work_permit_info.pdf
Size: 37KB


 Individual Employment Agreement

File details:
Name: Individual Employment Agreement.pdf
Size: 147KB
M

 

FURTHER INFORMATION

Should you require further information concerning Work Permits, please contact:

Ministry of Commerce, Industry & Labour
Industrial Relations, Occupational Safety & Health and Work Permits Division
4th Floor
ACC House
Apia SAMOA

Ministry of Commerce, Industry & Labour
Industrial Relations, Occupational Safety & Health and Work Permits Division
P.O. Box 862
Apia SAMOA

Telephone: (+685) 20441
Facsimile: (+685) 20443
Email:
 mpal@mcil.gov.ws

Or please feel free to see our  Contact Us page.


 



Updated: 29 September 2014