Parliament’s deliberations on the Labour and Relations Amendments 2022 concluded yesterday and the bill has been approved in the second reading.
The bill has been allocated to Economics Sector Committee for their review and submits a report back to Parliament.
Minister of Public Enterprises, Leatinuu Wayne Sooialo the key amendments included in the Bill are the protection against harassment including sexual harassment; strengthening enforcement powers of labour inspectors to issue spot fines (penalty notices) not exceeding $1,000; provision requiring a review of the National Minimum Wage every 2 years- no obligation to increase.
Also, the term of validity for employment permits will be increased from 2 to 3 years; and the minimum age of employment for Children to be increased from 15 to 16 years in line with ILO commitments and the Compulsory age for education under the Education Act 2009.
Leatinu’u pointed out in Parliament this Bill has been in the pipeline since 2018. However, it did not eventuate due to unforeseen circumstances.
Therefore, this is the best time to consider the Bill given that it’s applicable to private companies.
In this regard, the Minister urged Parliament that it is important to set aside discussions regarding the Public Service.
According to the Minister the Labour and Employment Relations Act 2013 still followed the guidelines which were mentioned in the Labour and Employment Relations Act (LERA) 1972 with appropriate amendments to meet the requirements of the ILO which is an important international organisation in this Act.
He outlined the amendments made in 2013, prioritizing human rights; establishment of organizations; public holidays for mothers, fathers etc; and enforced banning discrimination within workplaces.
“The LERA Act also established the Samoan Tripartite Forum and considered the importance of the Act to the employees and employers.
“The Public Service Act 2014 guided the working conditions for the Public Sector employees but LERA posed no effect on the terms and conditions of employment for the public sector that we are currently discussing.”
Leatinu’u said the Committee should look into the language by using the right Samoan term that is relevant to this Bill so that it is accurately translated.
The Minister further mentioned the ILO policies and guidelines and accentuated that it is up to our country whether we want to adapt to them or not but it will be referred to the responsible Committee to consider whether they are appropriate and applicable.
“The consultations for the amendment elaborated in Parliament started from 2018 so it has been given time to draft this amendment.”
Adding that Clauses 4 & 5 were amended so that the process will be simplified for organisations and companies to nominate their members hence the delegation of power to endorse membership in the organisation from Head of State to Cabinet.
“However, there are matters that are still endorsed by the Head of State such as; the minimum wage. This is an important issue this is a vital issue thus having all the advice by other Members and will be referred to the Committee who will provide the final recommendation.”
