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

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

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.