Labor law in Samoa

The Labour and Employment Relations Act 2013 (LERA), the Labour and Employment Relations Amendment Act 2023 (LERAA), and the Labour and Employment Relations Regulations 2025 form the main private-sector employment framework in Samoa. LERA generally covers private employers, state-owned enterprises and government corporations. The Public Service Act 2004 applies to public servants instead. Police employment, seafarers covered by the Shipping Act 1998, services performed for a matai under the aiga system, and subsistence work follow different rules or may fall outside the ordinary LERA framework. The Ministry of Commerce, Industry and Labour (MCIL), its Chief Executive Officer and Labour Inspectorate administer key labour functions. They deal with labour inspection, industrial relations, occupational safety and health, and work permits. The National Tripartite Forum brings together government, employers and workers to discuss wages, working conditions, structural change and industrial peace. It reviews the minimum wage at least every two years with consultation. A job lasting more than two months generally requires a written contract. The worker may choose Samoan or English. The employer, worker and Chief Executive Officer can each hold an original when requested. The contract should state the work, pay and other essential conditions, and the employer must provide work under the agreed terms. A clause that gives less protection than the statutory minimum is ineffective, while better conditions remain possible. A probation period may last up to three months. If the employer does not provide written confirmation or termination by the end of probation, the employment is treated as confirmed. Domestic workers need a written contract in a language they understand, and additional disability-related conditions may apply under the Regulations. Employers pay wages in Samoan currency according to the contract. A wage period cannot exceed one month, and payment is due no later than seven days after that period ends. On termination, final entitlements generally must be paid within seven days, while specific final entitlements under section 57A are due within five working days. Each wage statement must show the worker's name, job, wage period, days or hours, rate, overtime and overtime rate, gross pay, allowances, deductions and net pay. Employers must keep records such as identity, NPF and ACC identifiers, job, wages, hours, attendance, benefits, deductions, overtime, leave and employment dates. Deductions require a legal or permitted basis; a deduction for damage is normally limited to 25% of the wage period without the Chief Executive Officer's permission. An employer cannot force a worker to receive wages through a particular outlet or in a particular form. Payment in kind must be fair and reasonable. From 1 July 2026, the private-sector and state-owned-enterprise minimum wage is SAT$5.24 per hour. The published planned rates are SAT$5.65 from 1 July 2027 and SAT$6.05 from 1 July 2028. These rates do not apply to public servants governed by the Public Service Act 2004, and the applicable rate should be checked against the current legal instrument when pay is assessed. Ordinary working time is generally limited to 40 hours per week and eight hours per day, excluding meal breaks. After no more than 4.25 hours, a worker receives a one-hour meal break; an extension to five hours can apply when a 15-minute rest break follows three hours of work. Continuous work must provide an opportunity for at least a 45-minute meal period within eight hours. Workers generally receive 36 consecutive hours of weekly rest in every seven-day period. A person should not work more than 12 consecutive hours and should receive at least eight hours of rest between working days or adjoining shifts. Overtime requested by an employer beyond eight hours per day or 40 hours per week is paid at least 1.5 times the normal rate. Shift workers may reach more than 40 hours in a week when the average over two weeks stays within the applicable limit. Managerial personnel may fall under an exception when their annual salary includes additional hours. Sunday work and public-holiday work have separate pay or substitute-rest rules. Domestic workers have additional protections. Their ordinary maximum is 45 hours per week, with up to eight overtime hours at 1.5 times the normal rate. They receive at least 36 hours of weekly rest, a paid 15-minute break after three hours and a 45-minute unpaid meal break after four hours including rest. Work between 8:00 p.m. and 5:30 a.m. is generally restricted except for an emergency, agreed standby or a temporary compelling reason. A live-in worker needs a separate private room, sanitation access and freedom from a requirement to remain present during rest or leave. The employer provides tools, uniforms, personal protective equipment and cleaning materials. An employer cannot retain the worker's passport or other personal documents. Accommodation deductions require consent and a contractual basis. After 12 months of continuous service, including probation, annual leave is at least 10 paid days. Leave accrues pro rata during the first building year, and up to 20 days may be carried forward unless an agreement allows more. Payment instead of leave requires the employer's agreement. Sick leave is at least 10 days after 12 months, with pro-rata access from three months; a medical certificate is required from the fourth day of illness, and up to 20 days may be carried forward. Maternity protection requires 12 months of service, a medical certificate and written notice of the intended start and return. The available options are four weeks at full pay followed by two weeks unpaid, or six weeks at two-thirds pay. Miscarriage in the third trimester and stillbirth are covered. Dismissal because of pregnancy, childbirth or nursing is prohibited, and the employer bears the evidential burden. The worker should return to the same or an equivalent position at the same rate. Breastfeeding breaks or reduced daily hours may apply. Eligible fathers receive at least five paid days after 12 months of service, with the required medical certificate and written request; a spouse can include a de facto partner who has cohabited for at least nine months. Equal pay applies to work of equal value. Direct and indirect discrimination is prohibited in recruitment, employment terms, benefits, training, promotion, termination and retirement. Protected grounds include ethnicity, race, colour, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, actual or perceived HIV status, disability and trade-union activity. Harassment, sexual harassment and gender-based harassment are also prohibited. Special measures and genuine requirements of a job can provide limited exceptions. The general minimum age for employment is 16. Children aged 13 to 15 may perform only permitted light work that does not harm health or interfere with school or training. People under 18 cannot perform hazardous work. The Regulations identify activities such as construction, welding, live electrical work, scaffolding, roofing, demolition, certain manufacturing and mechanical-line work, port labour, medical or laboratory work, waste and sewage work, and firefighting. Violations can attract up to 300 penalty units or three years' imprisonment. The Occupational Safety and Health Act 2002 and Regulations 2017 apply to employers and workers within their scope. Employers must provide a safe and healthy workplace, identify and manage hazards, train and supervise workers, provide personal protective equipment, prepare emergency, fire and first-aid arrangements, and maintain an accident register. Workers must work safely and use the supplied protective equipment. A worker facing serious danger may stop work and escalate the concern. An employer cannot dismiss a worker for an occupational-safety complaint. An Occupational Safety and Health Inspector may enter premises, inspect documents, interview people, take samples and issue compliance, improvement, prohibition or penalty notices. MCIL practice requires Form 3 accident, illness or death reporting within 48 hours; serious injury or illness also requires immediate notification to the Commissioner and written notification within seven days under the OSH Act. Workers and employers may form or join organisations and unions, including international affiliations. Contracts cannot exclude union membership, and interference with or domination of a union is prohibited. Unions have reasonable workplace access. Collective bargaining covers wages, employment terms and workplace relations. Good-faith bargaining requires reasonable effort and relevant information. A collective agreement should be written and signed, state its coverage and expiry, provide amendment and dispute terms, and be copied to the Chief Executive Officer. The legal framework is established, although practical use of collective bargaining remains limited and fragmented. A worker may submit a complaint or grievance to a Labour Inspector within 90 days after learning of the matter. The Inspector may request documents and interviews, issue compliance or penalty notices, and conduct conciliation with consent. An Inspector's decision can be challenged in court. MCIL's standard grievance processing time is about two months, subject to extension. The Chief Executive Officer may conciliate an industrial dispute, and a joint request can establish a Conciliation Committee with a chairperson and employer and worker assessors. A signed agreement registered after the prescribed fee can have the effect of a court order. Wilful breach can attract up to 200 penalty units, while ordinary civil remedies for breach of contract remain available. An indefinite employment contract may end through notice, serious misconduct or redundancy. Notice generally ranges from one week for three months to one year of service up to eight weeks after more than 19 years. Payment instead of notice is possible. No notice is generally required for seasonal work, a trainee whose agreed term ends, or casual employment lasting less than two months. For unsatisfactory conduct or performance, the employer should provide at least three written warnings, an opportunity to improve, a chance to respond and written reasons. Serious misconduct requires a written allegation and a reasonable response opportunity before termination without notice. Redundancy requires consideration of redeployment, consultation with a relevant union and written reasons; when more than 20 workers are affected, the Chief Executive Officer must be informed at least one month beforehand. Protected situations include illness absence, maternity or paternity leave, and inquiries by a public body or union about LERA or occupational safety. Termination during sickness requires a medical report concerning future capacity. Final wages, accrued annual leave and other benefits are generally due within five working days. No general statutory severance entitlement is established in the reviewed core sources. A non-Samoan citizen without citizenship, permanent residence or a temporary residence permit with employment authorisation needs an employment permit before starting work. The Foreign Employee Employment Permit (FEEP) is tied to the employer and role and can last up to three years. MCIL may assess qualifications, references, the industry, the number of Samoan employees, Foreign Investment Act requirements, criminal history and outstanding employer grievances. The application requires supporting documents and a fee, and the 2026 MCIL Investment Guide gives an indicative processing time of about five to ten working days. A separate residence permit may also be required. Employment without the permit can expose the worker to up to 50 penalty units and the employer to up to 100. LEEP, RSE and PALM are separate overseas labour-mobility pathways and should not be confused with domestic employment under LERA. SNPF contributions generally apply to employees in Samoa or employees of a Samoa-registered employer. The current MCIL Investment Guide states a total rate of 20%, divided into 10% for the employer and 10% for the employee, due by the seventh day of the following month. ACC services use a 1% employer levy and 1% worker levy on gross wages according to the current ACC service information and provide accident benefits, rehabilitation and compensation. Official SNPF pages do not present fully consistent rate details, so payroll should verify the current rate directly with SNPF. Samoa's formal labour rules coexist with fragmented or mainly informal fa'aSamoa and subsistence work arrangements, which do not automatically provide the same protections as a covered employment relationship.