MCIL accorded authority to penalise employers in violation of employment laws


Parliament will resume today to elaborate on the amendments made to the Labour and Relations Act 2022.

One of the issues cited in the bill that will be deliberated by Members of Parliament is the authority accorded, to the Ministry of Commerce Industry Chief Executive Officer as a labour inspection.

If approved into law, the proposed bill accords the powers to the MCIL, CEO to enter any place of employment to conduct an inspection for the purpose of ensuring compliance with this Act or any other Act.

In conducting an inspection the CEO or a labour inspector may: require the production of books, registers or other documents that must be kept under this Act and make copies of such documents; (b) interview any person in the place of employment.

Issue a compliance notice directing an employer to take measures to comply with this Act where the CEO or labour inspector believes on reasonable grounds that an employer has failed to comply with with this Act they can issue a penalty notice where the CEO or labour inspector believes on reasonable.

The Act as provided for in regulations, then advise an employer about compliance with any other Act administered by the Ministry and that require any notices served on the employer to be displayed in the workplace in an area visible to employees.

The propose measure however also has the right to challenge the MCIL CEO’s in Court.

Another amendment proposed in the bill a person is prohibited from being employed in Samoa, unless the person is granted an employment permit under this Part, if he or she is not a citizen of Samoa; or (b) not a permanent resident of Samoa; or (c) not the holder of a temporary resident permit granting employment as provided for in the Immigration Act 2004.

If an employer who employs a person that does not have an employment permit commits an offence and is liable to a fine not exceeding $10,000.