Employer in Samoa

The main private-sector framework is the Labour and Employment Relations Act 2013, its 2023 amendment and the 2025 regulations. It covers private and other non-government employers, including agriculture, fisheries and state-owned enterprises, and applies to foreign and Samoan employers using full-time, part-time, shift, casual, piecework or managerial staff. The Public Service Act 2004 provides a separate framework for public-service employment. An employer should complete the applicable business licence or incorporation, maintain an employee and wage register, register with the Samoa National Provident Fund (SNPF) at no charge, register for pay-as-you-earn (PAYE) withholding with the Ministry of Revenue and register with the Accident Compensation Corporation (ACC). The Ministry of Commerce, Industry and Labour (MCIL) Employment Services can verify an employer and support vacancy publication, shortlisting and recruitment through its Jobs Portal. National bodies serve the whole country, although many services are accessed through Apia. A service contract lasting more than two months must be written in English or Samoan according to the employee's choice. The employer must provide three original copies. Probation may last no more than three months and requires written confirmation or termination. The employer must provide wage statements or payslips and keep employment records. A contract term that conflicts with the Labour and Employment Relations Act is invalid. From 1 July 2026, the minimum wage for private employers and state-owned enterprises is WST 5.24 per hour. The scheduled rates are WST 5.65 from 1 July 2027 and WST 6.05 from 1 July 2028; these rates do not apply under the separate Public Service Act. Ordinary work is limited to 40 hours per week and eight hours per day. Work lasting more than 4.25 continuous hours requires a one-hour meal break, and workers receive at least 36 hours of rest in every seven-day period and at least eight hours of daily rest. Overtime is paid at no less than 1.5 times the normal rate. Public-holiday work requires double pay or normal pay plus a substitute rest day, and work on a normal Sunday day off requires double pay. After 12 months, annual leave is 10 days, with pro-rata entitlement and carryover capped at 20 days. Sick leave is 10 days after 12 months, with pro-rata entitlement from three months and carryover capped at 20 days. Maternity leave lasts six weeks: four weeks at full pay plus two weeks unpaid, or six weeks at two-thirds pay. After 12 months, paternity leave is five days. Pregnancy-related termination is protected, and the employee must return to the same or an equivalent role. A breastfeeding break is also protected. Discrimination, harassment, sexual harassment and forced labour are prohibited. Equal pay applies to work of equal value. Employment generally starts at age 16. Children aged 13 to 15 may perform light work only when it does not harm their health or schooling, and anyone under 18 must not perform hazardous work. Before a non-citizen starts work, the employer must obtain a Foreign Employment Employment Permit, known as an FEEP, for the specific employer and role. The permit is not transferable and can last for up to three years. A separate residence permit is also required, and the process includes a local labour-market review. Performance or conduct termination normally requires three written warnings and an opportunity to improve. Disciplinary fines are not allowed. The employer must give notice or pay in lieu and settle accrued annual leave. For redundancy, the employer should examine redeployment, consult the relevant union and give written reasons. If more than 20 employees are affected, the Chief Executive Officer must be notified at least one month in advance. The Occupational Safety and Health Act 2002 and its 2017 regulations require every employer to provide a safe and healthy workplace. The employer must identify hazards systematically, assess and control them according to the control hierarchy, and provide information, training and supervision in languages workers understand. Personal protective equipment must be supplied, maintained and accessible without charging employees. The employer must keep a workplace accident register and related records for at least three years. A death, serious injury or illness must be reported to the Commissioner as soon as possible and in writing within seven days. MCIL's operational guidance uses a shorter reporting path: every workplace injury, illness or death should be reported on OSH Form 3 within 48 hours. MCIL inspections can result in improvement notices, prohibition notices or penalties. Workers may join a union, and an employer may join an employer organisation. The employer must not interfere with or control worker representation. A collective agreement must be written and state its scope, term, amendment and termination rules and dispute procedure, with a copy sent to the Chief Executive Officer. The National Tripartite Forum provides formal consultation among employers, workers and government. Employers should provide an employee-elected occupational safety and health committee or representative where required by the workplace arrangement. A workplace dispute can begin with an internal complaint or advice and may then go to an MCIL Labour Inspector. A formal grievance is normally filed within 90 days of the issue. The employer must cooperate with document and interview requests. MCIL may issue compliance or penalty notices and can support informal conciliation. An appeal may proceed to the Ombudsman or the Supreme Court, and MCIL states that processing can take about two months. Retaliation against someone who seeks assistance from the government, a state-owned enterprise or a union is prohibited. Payroll costs include the SNPF contribution: the employer withholds 10 percent from employee earnings, adds a matching 10 percent contribution and remits the combined 20 percent by the seventh day after the month ends. The ACC employer levy is 1 percent of employee earnings. PAYE withholding and the monthly P4 filing and payment are due by the 15th. Permit, safety and record-keeping obligations can create additional costs, but no broad universal employer fee applies to every employer. An employer can sponsor an apprentice through the Samoa Apprenticeship Training Scheme. Access requires an applicant to be at least 18, hold Certificate 2, remain employed and have at least one year of relevant experience. Training lasts three years. In 2026 the employer share is 30 percent: WST 750 per year for Certificate 3 or WST 900 per year for Certificate 4; the government contributes 65 percent and the apprentice 5 percent.