Generate/ERILOGO1.gif About ERI Disclaimer

Samoa - Compensation & Benefit Legislation

CAPITAL

Apia

 

CLIMATE

Tropical climate; rainy season from October to March, and dry season from May to October.

 

LANGUAGES

Samoan (Polynesian), and English.

 

LEGAL SYSTEM

Samoa’s legal system is based on English common law and local customs with judicial review of legislative acts with respect to fundamental rights of the citizen. Samoa has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Samoan Tala (1 USD = 3.45500 WST as of May 15, 2002).

 

SAMOA - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

SAMOA - EMBASSY/CONSULATES

U.S. Embassy at Apia

John Williams Building, Fifth Floor

Beach Road

Apia, Samoa

P.O. Box 3430

Apia, Samoa

Telephone: [685] 21-631

Fax: [685] 22-030

 

Embassy of the Independent State of Samoa at New York

800 Second Avenue, Suite 400D

New York NY 10017

Telephone: (212) 599-6196

Fax: (212) 599-0797

 

SAMOA - HOLIDAYS

 

SAMOA - MINIMUM AGE

Under the law, it is illegal to employ children under 15 years of age except in "safe and light work."

 

(Section 6.d. Acceptable Conditions of Work, Samoa – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

SAMOA - MINIMUM REMUNERATION

The law establishes an hourly minimum wage of WS$1.40 ($0.47). An advisory commission to the Minister of Labor sets minimum wages.

 

(Section 6.e. Acceptable Conditions of Work, Samoa – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

SAMOA - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

SAMOA - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

Workers legally have unrestricted rights to establish and join organizations of their own choosing. There are no practical limitations to union membership, and approximately 20 percent of the workforce are unionized. There are two trade unions in the country. The Samoa National Union, organized in 1994, is a six-member association that includes workers from the three major banks. A second union represents members at the sole factory in the country. Both unions are independent of the Government and political parties. The Public Service Association, which represents government workers (an increasingly important sector of the work force), also functions as a union. There are no laws specific to union activity. The Commissioner of Labor adjudicates any cases of retribution against strikers or union leaders on a case-by-case basis.

 

The Supreme Court has upheld the right of government workers to strike, subject to certain restrictions imposed principally for reasons of public safety. Workers in the private sector have the right to strike, but there were no strikes during the year. The Public Service Association freely maintains relations with international bodies and participates in bilateral exchanges.

 

b. The Right to Organize and Bargain Collectively

 

While workers have the legal right to engage in collective bargaining, they seldom have practiced it, due to the novelty of union activity and the inexperience of union leaders. The Public Service Association engages in collective bargaining on behalf of government workers, including bargaining on wages. Any antiunion discrimination case would be reported to and adjudicated by the Commissioner of Labor. Arbitration and mediation procedures are in place to resolve labor disputes, although such disputes rarely arise.

 

Labor law and practice in the sole export processing zone are the same as in the rest of the country.

 

c. Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor; however, in this collective society, persons, including minors, frequently are called upon to work for their villages. Most persons do so willingly; however, the matai may compel those who do not (see Section 6.d.).

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

Under the law, it is illegal to employ children under 15 years of age except in "safe and light work." The Commissioner of Labor refers complaints about illegal child labor to the Attorney General for enforcement; however, no cases were prosecuted during the year. Children frequently are seen vending goods and food on Apia street corners. Although the practice constitutes a violation of the law, local officials mostly tolerate and overlook it. There are no reports of bonded labor by children; however, the law does not apply to service rendered to the matai, some of whom require children to work for the village, primarily on village farms (see Section 6.c.).

 

The country is not a member of the International Labor Organization (ILO) and has not ratified ILO Convention 182 on the worst forms of child labor.

 

e. Acceptable Conditions of Work

 

The law establishes for the private sector a 40-hour workweek and an hourly minimum wage of $0.47 (WS$1.40). An advisory commission to the Minister of Labor sets minimum wages. Wages in the private sector are determined by competitive demand for the required skills. This minimum wage suffices for a basic standard of living for worker and family when supplemented by the subsistence farming and fishing in which most families engage. The law provides that no worker should be required to work for more than 40 hours in any week.

 

The law also establishes certain rudimentary safety and health standards, which the Attorney General is responsible for enforcing. However, independent observers report that the safety laws are not enforced strictly, except when accidents highlight noncompliance. Many agricultural workers, among others, are protected inadequately from pesticides and other dangers to health. Government education programs are addressing these concerns. The law does not apply to service rendered to the matai. While the law does not address specifically the right of workers to remove themselves from a dangerous work situation, a report of such a case to the Commissioner of Labor would prompt an investigation, without jeopardy to continued employment. Government employees are covered under different and more stringent regulations, which are enforced adequately by the Public Service Commission.

 

Foreign workers are protected by law; minimum wage and working conditions standards apply equally to them. There are very few foreign workers in the country due to the high unemployment rate. Most foreign workers are educated professionals in technical and health services fields.

 

f. Trafficking in Persons

 

The law prohibits trafficking in persons, and there were no reports that persons were trafficked to, from, or within the country.

 

SAMOA - STANDARD WORKWEEK

The law provides that no worker should be required to work for more than 40 hours in any week.

 

(Section 6.e. Acceptable Conditions of Work, Samoa – Report of Human Rights Practices, 2001, U.S. Department of State.)