Industrial Relations deal primarily with the relationship between employers and the workers. Employment laws and practices in Samoa, through legislations and regulations set by government, cover issues such as minimum wage, terms and conditions of employment, leave entitlements and dismissal to name a few.
Industrial Relations laws are enforced to ensure both employers and workers legal obligations and rights are well protected and also to maintain harmony and stability within the employer/employee relationship.
All workers and employers in the private sector including government corporations and state owned enterprises are covered under the abovementioned legislations and regulations. Workers and employers under the Public Service Act 2004 are not covered or exempted.
The Working Conditions and Relations team regulate labour laws in Samoa to ensure employers and workers are afforded certain rights, as well as requiring both parties to fulfil their lawful obligations. The team also facilitates industrial / employment grievances in Samoa. The Ministry only assesses a complaint / grievance formally lodged using the Grievance Form. The standard process for dealing with grievances range within two months and extension may require in some circumstances depending on a nature of a grievance and how employers are cooperated to the Ministry roles in advising them of their legal obligations under the laws.
The labour laws as mentioned above are the Labour and Employment Relations Act 2013 (‘Act) and the Labour and Employment Relations Regulations 2016 (‘Regulations’). The Act is the rebuilding of the old Act 1972 taking into consideration the International Labour Organisation Conventions to safeguard workers and relevancy of practices.