The FAST Government is moving to repeal subsection 4 of the Labour and Relations Act 2013 whereas representatives from the employers’ organisation are appointed by the Head of State upon the advice of the Cabinet.
In turn, the Government is proposing that the employers’ and employees’ organisations nominate representatives to the Samoa National Tripartite Forum is endorsed by Cabinet.
In addition, the Principal Act clarifies the circumstances in which the Cabinet may remove and replace a member of the Samoa National Tripartite Forum for neglect of duties or other serious misconduct.
The move was criticised by the leader of the Human Rights ProtectionParty Tuilaepa Dr Sailele Malielegaoi.
Initially, the former Prime Minister commended the FAST Government in moving forward with the major amendments of the Principles Act of the Labour Law, noting this measure was supposed to be tabled in Parliament but due to the State of Emergency.
Tuilaepa explained in Parliament on Friday that laws, regulations and appointments are endorsed by the Head of State and this is important in any case Cabinet may have missed something critical and it is cited by the Head of State.
“The repeal of the Act to have the appointment endorsed by the Head of State should be reconsidered.”
Adding there are many other obligations of the Head of State stipulated under the Constitution that are not being honoured including the endorsement of write for Parliament to be in session.
The former Prime Minister was then cautioned by the Speaker of the House, Li’o Papalii Taeu Masipa’u to stick to the measure at hand and not expand his comments involving the Head of State. However, the Opposition Leader did not budge, citing concerns over the removal of Head of State powers is proposed in the measure hence his comments.
Cabinet Minister, Laauli Leuatea Schmidt then took the floor and expressed concerns that Tuilaepa is not abiding by the directive from the Speaker and appears as if he’s instructing the Speaker. La’auli urged Tuilaepa to heed the instructions from the Speaker.
Prime Minister Fiame Naomi Mata’afa took the floor and explained this Parliament session was cancelled from March, in line with sessions which was endorsed by the Head of State. This is not a new session.
However, due to the nationwide lockdown as a result of the State of Emergency Orders, the Parliament session was cancelled.
“I want to clarify this in any case the comments by the Opposition Leader will be taken as a lack of respect for the Head of State,” said the Prime Minister.
Earlier on, Minister of Public Enterprises, Leatinu’u Wayne So’oialo explained the Labour and Employment Relations Amendment Bill 2022 was formulated in 2018 and the process of consultations was completed before it was brought to Parliament.
He outlined the main purpose of the proposed measure is to simplify interpretations of terms and clarify terms and conditions of employment.
Also to enhance its services, clarify the role of labour inspections, furthermore to strengthen the partnership with the International Labour Organization Convention and improve consistency with ratifies ILO conventions to which Samoa is a member.
He said the main contents of the bill is to encourage the discussions of the minimum wage every 2 years, to clarify the age of employment to ensure that children are encouraged to attend school.
Also, the bill will ensure that the Labour and Employment Relations Act satisfies both the needs of employees and employers.
