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Labour and Employment Act 1972

LAWS OF WESTERN SAMOA

LABOUR AND EMPLOYMENT

ANALYSIS

Title

PART I
PRELIMINARY

1. Short title
2. Interpretation
3. Application of Act, and existing legislation

PART II
ADMINISTRATION

4. Minister of Labour
5. Labour Department
6. Functions of Department
7. Duties of Department
8. Commissioner of Labour and other officers.
9. Delegation of powers by Minister
10. Powers of Commissioner
11. Delegation of powers by Commissioner

PART III
WAGES PROTECTION

12. Wage periods
13. Time and place of payment of wages
14. Mode of payment of wages
15. Authorised deductions
16. Advances to worker
17. Remuneration other than wages
18. Employer not to stipulate mode of spending wages
19. Minimum wages

PART IV
CONTRACT OF SERVICE

20. Illegal terms of a contract of service
21. Termination of contract
22. Contract of service for wage periods longer than one month
23. Written contract of service

PART V
HOLIDAYS, LEAVE, HOURS OF WORK AND OVERTIME

24. Work on Sunday
25. Public holidays
26. Annual leave
27. Sick leave
28. Hours of work
29. Overtime for extra work
30. Shift work
31. Piece work

PART VI
WORKING CONDITIONS, SAFETY, AND HEALTH

32. Employment of children
33. Employment of women
34. Safety provisions
35. Procedure in case of accident
36. Industrial health requirements

PART VII
CONCILIATION AND ARBITRATION

37. Conciliation Committee
38. Commissioner may conciliate
39. Jurisdiction and powers of Supreme Court

PART VIII
MISCELLANEOUS

40. Civil proceedings
41. Offences and penalties
42. Regulations
43. Repeal and savings

Schedules

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THE LABOUR AND EMPLOYMENT ACT 1972

1972, No. 12

An Act to consolidate, extend and amend the law relating to labour matters, to make better provisions as to conditions of employment, including wage protection, contracts of service, holidays and leave, hours of work and overtime, safety and industrial health, conciliation procedure and related matters

[8 December 1972

PART I
PRELIMINARY

1. Short title-This Act may be cited as the Labour and Employment Act 1972.

As to a trader's liability for employee's acts or omissions, see s. 28 of the Commerce Act 1978.

2. Interpretation-In this Act, unless inconsistent with the context,-

"Award" means an award made under this Act;

"Commissioner" means the Commissioner of Labour appointed under this Act and includes any person delegated by him to exercise any of the powers exercisable by him under this Act;

"Contract of service" means any agreement, whether oral or in writing, expressed or implied, whereby one person agrees to employ another as a worker and that other agrees to serve his employer as a worker, and includes an apprenticeship contract;

"Court" means the Supreme Court of Western Samoa;

"Day" means a period of 24 hours beginning at midnight;

"Department" means the Labour Department continued under this Act;

"Employer" means any person employing a worker or workers, and includes the manager or agent of an employer;

"Industrial dispute" means any dispute arising between one or more employers and workers in relation to industrial or labour matters;

"Industrial grievance" means any matter related to his work or employment which is considered by an individual worker to be a legitimate ground of complaint;

"Industrial or labour matter" means any matter affecting or relating to work done or to be done by employees or the privileges, rights and duties of employers or employees;

"Industry" means,-

(a) Any business, trade, manufacture, undertaking, or calling of employers; or

(b) Any calling, service, employment, handicraft, or occupation of workers;

"Minister" means the Minister of Labour;

"Overtime" means the number of hours worked in excess of the limits specified in section 28 of this Act;

"Person" includes a corporation, and a body of persons, whether incorporated or not;

"Place of employment" means any place where work is carried out by a worker for or on behalf of an employer;

"Public holiday" means any public holiday defined in or declared under the Shops Ordinance 1961 or any other law from time to time in force in that behalf;

"Rate of pay" means the total amount of money including allowances to which a worker is entitled under his contract of service either for working for a period of time, that is for one hour, one day of 8 hours, one week, one month or for such other periods as may be stated or implied in his contract of service, or for each completed piece of task work, but does not include-

(a) Additional payments by way of overtime payments;

(b) Additional payments by way of bonus payments;

"Wages", unless otherwise specified, means all remuneration including allowances payable to a worker in respect of work done under his contract of service, but does not include-

(a) The value of any house accommodation, supply of light, water, medical attendance, or other amenity;

(b) Any contribution paid by the employer on his own account to any pension fund or provident fund;

(d) Any sum paid to the worker to defray special expenses entailed on him by the nature of his employment; or

(e) Any gratuity payable on discharge or retirement.

"Week" means a continuous period of 7 days;

"Worker" means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise and whether it be a contract of service or apprenticeship or a contract personally to execute work but does not include any managerial personnel.

3. Application of Act, and existing legislation-(1) The provisions of this Act shall not apply to "service of Western Samoa" as that expression is defined in Article 111 of the Constitution, or to service rendered to a matai under the aiga system, or to any service or class of service which may be excepted therefrom by order of the Minister published in the Western Samoa Gazette and the Savali.

(2) The provisions of this Act shall apply only where such provisions are not repugnant to or conflicting with the provisions of the Shops Ordinance 1961 or any other enactment or other written law for the time being in force.

(3) Nothing in this Act shall be construed as relieving any person who enters into a contract of service either as employer or worker from any duty or liability imposed upon him by the provisions of the Shops Ordinance 1961 or any other enactment or other written law for the time being in force.

PART II
ADMINISTRATION

4. Minister of Labour-There shall be a Minister of Labour for Western Samoa whose functions shall be to control and direct the policy of the Department, who may exercise such powers as are reasonably necessary and for the effective performance of the functions of the Department.

5. Labour Department-There is hereby continued the Department of the Government of Western Samoa known as the Labour Department, which, under the control of the Minister, shall be charged with the administration of this Act and any regulations to be made thereunder, together with such other functions as may from time to time be lawfully conferred on it.

6. Functions of Department-The general functions of the Department shall be to advise workers and employers on all industrial matters, to take such measures as may be appropriate under the Act to ensure safe and healthy working conditions, to encourage good relationship between employers and workers, and to ensure the proper fulfilment by employers, workers, and other persons of obligations placed upon them by awards and industrial agreements and by the Acts and regulations administered by the Department.

7. Duties of Department-The general duties of the Department shall be,-

(a) To provide the services of an employment exchange for the purpose of indicating to workers seeking employment where there may be suitable employment opportunities; assisting employers to obtain manpower; and advising persons who require occupational readjustment or training with a view to enabling them to continue or resume employment;

(b) To visit all places of work for the purpose of inspecting installations, motors, machinery, plants, boilers, and any other equipment working under pressure by the use of steam, electricity, or liquid fuels; to examine for purposes of industrial health and safety all dangerous materials, liquids, and machinery and to advise alterations or indicate such measures as may be necessary to secure industrial health and safety; to release certificates for approved pressure equipment, and to do all such things as may be conducive to improve industrial health and safety as provided by this Act or the regulations issuing therefrom;

(c) To make inspections of conditions of work and to take any other necessary action for the purpose of ensuring that there is fulfilment of the obligations placed upon any employer, worker, or other person under any award or industrial agreement, or under any of the Acts and regulations administered by the Department;

(d) To maintain such registers of shops, offices, factories, and places of work generally as may be deemed necessary for the fulfilment of the Department's functions;

(e) To collect and publish information relating to employment and unemployment and wages, and such other matters relevant to the functions of the Department as the Minister may from time to time require;

(f) To make surveys and forecasts of the classes of employment from time to time required or available or likely to be required or available, and to do all things deemed necessary or expedient for the purpose of placing suitable and qualified persons in such employment on a voluntary basis;

(g) Generally to do all things deemed necessary or expedient for the purpose of promoting and maintaining full employment, whether by facilitating the better location or availability of employment in relation to the labour available or otherwise howsoever.

8. Commissioner of Labour and other officers-(1) There shall from time to time be appointed an officer of [the Public Service] to be called the Commissioner of Labour who shall be the administrative head of the Department.

(2) [The Public Service Commission of Western Samoa] may from time to time appoint such other officers and employees of the Department whether as Inspectors or otherwise as may be necessary.

(3) The person holding office at the commencement of this Act as Commissioner of Labour shall be deemed to have been appointed to that office under this Act.

(4) All other persons who at the commencement of this Act are officers or employees of the Department and have been so appointed by [the Public Service Commission of Western Samoa] shall be deemed to have been so appointed under this Act.

(5) All officers and other employees of the Department shall act under the direction of the Commissioner in the exercise and performance of the powers, duties, and functions conferred or imposed upon them by any enactment of which the Department or the Commissioner is charged with the administration by this Act or any other enactment.

In subs (1) the reference to the Public Service was substituted for a reference to the Western Samoa Public Service by s.4 of the Public Service Act 1965.

In subss. (2) and (4) the references to the Public Service Commission of Western Samoa were substituted for references to the Public Service Commission by s.3 of the Public Service Act 1965.

9. Delegation of powers by Minister-(1) The Minister may from time to time, by writing under his hand, either generally or particularly, delegate to the Commissioner all or any of the powers which are conferred on him as Minister of Labour by this Act or any other enactment.

(2) Subject to any general or special direction given or conditions attached by the Minister, the Commissioner may exercise any powers delegated to him as aforesaid in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

10. Powers of Commissioner-(1) It shall be lawful for the Commissioner, or any officer authorised in writing by the Commissioner, in the exercise of his duties under this Act-

(a) To enter and inspect at all reasonable times any place of employment and carry out any examination, test, or inquiry which he may consider necessary in order to satisfy himself that the provisions of this Act are being strictly observed;

(b) To require the production of wage sheets, books, registers, or other documents connected with the employment, and to copy such documents or make extracts from them;

(c) To interview any employer or any person employed in the undertaking, either alone or otherwise as he may think fit, and to require such person to give him any information in his possession relating to the employment of persons in the undertaking;

(d) To enforce the displaying of any notices which may be required under the provisions of this Act or the regulations;

(e) To take or remove samples of materials or substances used or handled at any place of employment, for purposes of analysis;

(f) Generally to take such steps as he shall consider necessary to remedy defects observed in any premises, plant, machinery, equipment, or system of work which he considers constitute a danger to the industrial safety or health of any worker, and for such purpose, by notice under his hand, to prohibit the use of any premises, plant, machinery, or equipment which constitute an imminent safety hazard to such workers;

(g) To inquire into and endeavour to resolve any complaints or any grievance between a worker and his employer arising out of any term of the contract of service or out of the provisions of this Act.

(2) Except for the purposes of this Act and the exercise of his functions under this Act, neither the Commissioner nor any other officer of the Department shall disclose to any person any information which he acquires in the exercise of those functions.

11. Delegation of powers by Commissioner-(1) The Commissioner may from time to time, by writing under his hand, either generally or particularly, delegate to such officer or officers or employees of the Department as he thinks fit all or any of the powers exercisable by him under this Act or any other enactment:

Provided that the Commissioner shall not delegate any power delegated to him by the Minister without the consent of the Minister, or any power delegated to him by [the Public Service Commission of Western Samoa] without the consent of the Commission.

(2) Subject to any general or special directions given or conditions attached by the Commissioner, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

In subs. (1), in the proviso, the reference to the Public Service Commission of Western Samoa was substituted for a reference to the Public Service Commission by s.3 of the Public Service Act 1965.

PART III
WAGES PROTECTION

As to the powers of the Industrial Free Zone Corporation to prescribe wages, see s.40 of the Industrial Free Zone Act 1974.

12. Wage periods-Every employer shall fix periods, which for the purposes of this Act shall be called "wage periods", in respect of which wages shall be payable:

Provided that no wage period shall exceed one month.

13. Time and place of payment of wages- (1) Wages earned by a worker under a contract of service shall be paid to him before the expiration of the 7th day after the last day of the wage period in respect of which the wages are payable.

(2) All wages properly due to a worker on completion or termination of his contract of service or dismissal shall be paid to him forthwith and in no case later than 7 days after the date of such completion or termination.

(3) Unless otherwise expressly consented to by him, all wages payable to a worker shall be paid to him on a working day at his place of employment.

14. Mode of payment of wages-(1) Except as hereinafter provided, the entire amount of wages payable to any worker shall be paid to the worker in Western Samoa currency when due.

(2) Any worker shall be entitled to recover by action in Court any amount paid otherwise than in money.

(3) Notwithstanding anything in subsection (1) of this section, at the written request or consent of a worker, the wages payable to him or any part thereof may be paid by money order, by cheque, or by lodgement at a bank to the credit of an account standing in the name of the worker.

15. Authorized deductions-(1) The following deductions only may be made from the wages of a worker-

(a) Deductions for periods of absence from work, calculated in proportion to the period for which he was required to work by the terms of his employment;

(b) Deductions for damage to or loss of goods expressly entrusted to a worker for custody, or for loss of money for which a worker is required to account, where such damage or loss is directly attributable to his neglect or default;

(d) Deductions for house accommodation supplied by the employer;

(e) Deductions for such amenities and services supplied by the employer as the Commissioner may authorise;

(f) Deductions for recovery of advances or for adjustment of overpayments of wages;

(g) Deductions of income tax payable by the worker;

(h) Deductions of contributions payable by an employer on behalf of a worker under and in accordance with any provident fund legislation;

(i) Deductions for any other lawful purpose with the consent in writing or at the written request of the worker, and as previously notified to the Commissioner;

(j) Deductions made pursuant to any attachment order made by a Court or authority having competent jurisdiction in that behalf;

(k) Deductions lawfully permitted under any enactment, regulations or rules for the time being in force.

(2) For the purposes of paragraph (e) of subsection (1) of this section the word "services" does not include the supply of tools and raw materials required for and during the process of employment.

(3) No deduction under paragraph (b) of subsection (1) of this section shall exceed the amount of the damage or loss caused to the employer by the neglect or default of the worker and except with permission of the Commissioner it shall not exceed one quarter of one month's wages or $7 whichever is the less, and shall not be made until the worker has been given an opportunity of showing cause against the deduction.

(4) No deduction under paragraph (d) of subsection (1) of this section shall be made from the wages of a worker unless the house accommodation, amenity, or service has been accepted by him as a term of employment and in such an instance, the deduction shall not exceed an amount equivalent to the value of the house accommodation, amenity, or service supplied and, in case of a deduction under the said paragraph (e), shall be subject to such conditions as the Commissioner may impose.

(5) The total amount of all deductions other than deductions for absence from duty made by an employer in any one wage period shall not exceed 35 percent of the wages payable to any worker in respect of such period.

16. Advances to worker-(1) No employer shall without the previous written permission of the Commissioner make to a worker an advance of wages not already earned in excess of an amount equivalent to the wages earned by the worker during the preceding month, or, if he has not been employed for that period, to the wages he is likely to earn during one month.

(2) No worker shall be held liable for the amount of any advance made to him by his employer in contravention of the provisions of subsection (1) of this section.

(3) The recovery of any advance of money made to a worker shall begin from such a period as may have been agreed between worker and employer.

(4) No recovery shall be made in respect of any advance for expenses of travelling to the employer's place of business.

(5) Advances may be recovered in instalments by deduction from wages spread over not more than 12 months and no instalment shall exceed more than one-quarter of the wages due for the wage period in respect of which the deduction is made.

(6) No interest, discount, or other premium shall be chargeable on any advance of wages.

17. Remuneration other than wages-Nothing in this Act shall render illegal a contract of service with a worker for giving him food, quarters, or other allowances or privileges in addition to money wages as a remuneration for his services:

Provided that such food, quarters, or other lawful allowances or privileges in addition to money wages are adequate for the personal use and benefit of the worker; and

Provided further that the value attributed to such allowances is fair and reasonable.

18. Employer not to stipulate mode of spending wages-It shall be unlawful for any employer to impose any requirement on any worker as to the place or manner in which or the person with whom the worker shall expend any wages received by him.

19. Minimum wages-(1) The Head of State, acting by and with the advice of Cabinet, may from time to time by Order prescribe the minimum wages to be paid in any industry.

(2) For the purposes of subsection (1) of this section the Minister may from time to time appoint an advisory committee on minimum wages, the duties of which shall be to review comprehensively any industry and report to him on any matter pertaining to minimum wages, standards of living, and margins for skill and to this purpose the committee shall also consult with the employers and workers concerned as it may consider it advisable.

PART IV
CONTRACT OF SERVICE

20. Illegal terms of a contract of service-Any term of a contract of service which contravenes the provisions of this Act shall be deemed to be unlawful and shall have no effect:

Provided that any contract of service valid and in force on the date of commencement of this Act, shall continue to be in force after such date and, subject to any express provision therein contained, the provisions of this Act shall apply thereto.

21. Termination of contract - (1) A contract of service for a specific work or for a specific period of time shall, unless otherwise terminated in accordance with the provisions of this Part, terminate when the work specified in such contract is completed or the period of time for which such contract was made has expired, as the case may be.

(2) A contract of service for an unspecified period of time shall be a continuous contract until terminated by either party in accordance with the provisions of this Part.

(3) Either party to a contract of service may at any time give the other party notice of his intention to terminate such contract.

(4) The length of such notice shall be the same for both employer and worker and shall be determined by any provision in that behalf in the contract or in the absence of such provision shall be equal to the length of the wage period fixed pursuant to this Act:

Provided that in the event of a worker having given not less than 5 years continuous service with an employer, notwithstanding the length of any wage period so fixed, the length of notice shall be 2 months.

(5) Either party to a contract of service may terminate such contract without notice, or, if notice has already been given in accordance with subsection (3) of this section, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of wages which would have accrued to the worker had the contract been duly terminated on notice given in accordance with subsection (3) of this section.

(6) Either party to a contract of service may terminate such contract without notice in the event of any wilful breach by the other and in such case no payment in lieu of notice shall be required, but without exoneration for payment of any sum due for work actually performed.

(7) An employer may without notice or payment in lieu of notice dismiss a worker employed by him on the grounds of misconduct, provided that instead of dismissing the worker an employer may-

(a) Instantly down-grade the worker; or

(b) Instantly suspend him from work without pay for a period not exceeding 3 days.

22. Contract of service for wage periods longer than one month-No contract of service for a specified wage period of time longer than one month or for a specified piece of work the time for the completion of which exceeds or may exceed one month shall be made without the prior approval in writing of the Commissioner, who may require such terms as he thinks fit to be included in such a contract of service:

Provided that the Minister may, by notification in the Western Samoa Gazette and the Savali, except contracts of service with certain classes of workers from the provisions of this section.

23. Written contract of service-(1) There shall be available at the Department a pro-forma contract according to the First Schedule to this Act exemplifying the manner in which a written contract of service may be drafted.

(2) Every written contract of service shall be either in the Samoan language or the English language, at the option of the employee.

PART V
HOLIDAYS, LEAVE, HOURS OF WORK AND OVERTIME

24. Work on [Sunday]-(1) No worker shall be compelled to work on any [Sunday or a day] observed according to the religious beliefs of such worker as a day of obligatory abstinence from work, or other agreed day of rest unless he is engage in work which by very reason of its nature requires to be carried on continuously as a succession of shifts.

(2) Any worker who works for and at the request of his employer on a [Sunday] or other agreed day of rest shall be paid for such work not less than double his ordinary rate of pay, unless such worker and such employer shall have agreed that a whole day within 3 days immediately before or after such [Sunday] or other agreed day of rest shall be substituted therefor.

In subs. (1) the words "Sunday or a day" have been substituted for the words "Sabbath Day" and in the heading and in subs (2) the word "Sunday", where it occurs, has been substituted for the words "the Sabbath" and "Sabbath" pursuant to s. 3(f) of the Reprint of Statutes Act 1972.

Subs. (2) does not apply to nightwatchmen, see clause 3 of the Labour and Employment (Nightwatchmen) Order 1976, reprinted in this title.

25. Public holidays-(1) Every worker shall be entitled to a paid holiday at his ordinary rate of wages on any public holiday which falls during the time that he is employed:

Provided that by agreement between the employer and the worker any other day may be substituted for such public holiday.

(2) Notwithstanding the provisions of subsection (1) of this section any worker who at the request of his employer works on any public holiday shall be entitled to double the ordinary rate of wages for such day's work.

Subs. (2) does not apply to nightwatchmen. See clause 3 of the Labour and Employment (Nightwatchmen) Order 1976, reprinted in this title.

26. Annual leave-(1) Every worker shall be entitled after 12 months of continuous service with the same employer and after the coming into force of this Act, to not less than 10 working days' paid leave for every 12 months continuous service and such leave shall be in addition to the holidays to which such worker is entitled under the provisions of section 25 hereof.

(2) The employer shall pay to the worker his ordinary rate of wages for every day of such leave, including any part of remuneration which is paid in kind and is not provided while the worker is on leave.

(3) Any worker who fails to take such leave within a period of one year from the end of the year in respect of which the leave entitlement did arise shall forfeit such leave entitlement.

(4) A worker who has completed a period of service of 6 months or over and whose employment is terminated, shall be entitled to leave with pay proportionate to the length of service for which he has not received such leave or to compensation in lieu thereof, as he may choose.

27. Sick leave-(1) Any worker who has served an employer for a period of not less than 12 months after the coming into force of this Act shall be entitled to paid sick leave being not less in the aggregate than 10 working days in each year, subject to production of a medical certificate issued by a duly qualified medical practitioner certifying that the illness of the worker necessitates his absence from work.

(2) The medical certificate shall be handed or forwarded to the employer not later than 3 days after the inception of the illness.

(3) While he continues in the same employment a worker may carry forward unused sick leave entitlement from year to year.

(4) The employer shall pay to the worker his usual rate of pay for every day of such worker's absence on sick leave.

28. Hours of work-Subject to the provisions of this Act, no worker shall be required to work-

(a) For more than 40 hours (excluding meal times) in any one week; or

(b) For more than 8 hours (excluding meal times) on any one day; or

Provided that the said period of 4 and one-quarter hours may be extended to not more than 5 hours in cases where the employer allows a rest interval of not less than 10 minutes in every working period of not more than 3 hours:

Provided that-

(d) A worker who is engaged in work which must be carried on continuously may be required to work for 8 consecutive hours inclusive of a period of not less than 45 minutes in the aggregate during which he shall have an opportunity to have a meal; and

(e) Where, by agreement under the contract of service between the worker and the employer, the number of hours of work on one or more days of the week is less than 8, the limit of 8 hours may be exceeded on the remaining days of the week, but so that no worker shall be required to work for more than 9 hours in one day or 40 hours in one week.

This section does not apply to nightwatchmen, see clause 3 of the Labour and Employment Order 1976, reprinted in this title.

29. Overtime for extra work-(1) If on any day a worker works for and at the request of his employer more than 8 hours in one day or, in the case specified in paragraph (e) of section 28 hereof, more than 9 hours, he shall be paid for such extra work at the rate of not less than one-and-a-half times his rate of pay irrespective of the basis on which his rate of pay is fixed.

(2) If in anyone week a worker works for and at the request of his employer for more than 40 hours in one week, he shall be paid for such extra work at a rate of not less than one-and-a-half times his rate of pay irrespective of the basis on which his rate of pay is fixed, provided always that he has not been paid for such extra work under subsection (1) of this section.

(3) For the purposes of calculating the payment due for extra work undertaken by a worker on a monthly rate of pay, such worker's hourly rate of pay shall be assessed by calculating the amount of such worker's yearly remuneration without overtime, and by dividing that amount by 8 times the number of the working days during that year.

This section does not apply to nightwatchmen, see clause 3 of the Labour and Employment (Nightwatchmen) Order 1976, reprinted in this title.

30. Shift work-(1) Notwithstanding the provisions of section 28 hereof, a worker who is engaged under his contract of service in regular shift work may be required by his employer to work more than 6 consecutive hours, more than 8 hours in any one day and more than 40 hours in any one week; but the average number of hours worked over a period of 3 weeks shall not exceed 40 hours per week.

(2) No worker who is engaged under his contract of service in regular shift work shall under any circumstances work for more than 12 hours in any one day.

(3) The provisions of section 29 of this Act shall not apply to any worker who is engaged under his contract of service in regular shift work, but any such but any such worker who works for and at the request of his employer more than the average of 40 hours per week over any period of 3 weeks shall be paid for such extra work in accordance with subsection (2) of that section.

This section does not apply to nightwatchmen, see clause 3 of the Labour and Employment (Nightwatchmen) Order 1976, reprinted in this title.

31. Piece work-Nothing contained in this Part shall prevent any employer from agreeing with any worker that the wages of such worker shall be paid at an agreed rate in accordance with the amount of work done and not by the day.

PART VI
WORKING CONDITIONS, SAFETY, AND HEALTH

32. Employment of children- (1) It shall be unlawful to employ any child under the age of 15 years of age in any place of employment except in safe and light work suited to his capacity, and subject to such conditions as may be imposed by the Commissioner.

(2) No such child shall be employed on dangerous machinery or in any occupation or in any place under working conditions injurious or likely to be injurious to the physical or moral health of such child.

(3) No such child shall be employed as a worker upon any vessel unless such vessel is under the personal charge of the parent or guardian of the child.

As to work-related injuries where a contract of service or apprenticeship is illegal in respect of minimum age under this section, see the proviso to s. 15 (7) of the Accident Compensation Act 1978.

33. Employment of women-(1) Except with the consent of the Commissioner, no woman shall be employed in any place of employment between the hours of 12 midnight and 6 o'clock in the following morning, provided that this prohibition shall not extend to the nursing, medical, police, postal, telephone; telegraphic, and other essential Government services.

(2) No woman shall be employed in manual work unsuited to her physical capacity.

34. Safety provisions-(1) In every place of employment efficient devices or appliances shall be provided and maintained by which the power can promptly be cut off from any electrically powered transmission or other machinery in that place.

(2) All live electrical wiring, equipment, and apparatus shall be properly insulated so as to afford adequate protection from electric shock.

(3) All dangerous parts of any machinery shall be securely fenced off or otherwise provided with efficient guards, and the safeguard shall not be removed whilst the machine to which it relates is in use except for the purpose of making immediate repairs, in which case the safeguard shall be replaced as soon as the repairs are effected.

(4) In every place of employment where 20 or more workers are employed, the employer shall. provide and maintain such first aid equipment as shall be directed by the Commissioner.

35. Procedure in case of accident- (1) In every case where an accident occurs in a place of employment which causes death or serious bodily injury to any person employed therein, the employer shall forthwith, and not in any event later than 48 hours after the occurrence of the accident, give telephone or written notice to the Commissioner specifying the nature of the accident, the name and residence of the person killed or injured, his age, and the place (if any) to which he has been removed.

(2) For the purpose of the last preceding subsection the expression "serious" bodily injury" means an injury which is likely to incapacitate the sufferer from work for at least 14 days.

(3) As soon as practicable after receiving notice of an accident to which this section applies the Commissioner shall. make full inquiry into the nature and cause of the accident and the nature and extent of the injuries.

36. Industrial health requirements- (1) Every place of employment shall be kept in a clean and tidy state and free from any nuisance and from any smell or leakage from any drain or sanitary convenience.

(2) Sufficient and suitable washing and sanitary facilities shall be provided separately for male and female workers.

(3) An adequate supply of fresh drinking water shall be maintained in every place of employment.

PART VII
CONCILIATION AND ARBITRATION

37. Conciliation Committee- (1) Upon proof of the existence of an industrial dispute, the Minister may if he thinks fit, and shall if the parties to the dispute jointly request him to do so, appoint a Conciliation Committee consisting of one person nominated by the workers and one person nominated by the employers, with a Chairman to be appointed by the Minister.

(2) It shall be the duty of the Conciliation Committee to endeavour to bring about a voluntary settlement of the dispute, and to this end the Committee shall carefully inquire into the dispute and all matters affecting the merits and the right settlement of the dispute.

(3) If a voluntary settlement is brought about by the Conciliation Committee, the terms of settlement shall be embodied in an agreement, and shall be registered by the Commissioner.

(4) If no voluntary settlement can be brought about by the Conciliation Committee, the Chairman shall notify the Minister accordingly.

38. Commissioner may conciliate- (1) The Commissioner shall have power to conciliate in whatever manner he shall think fit or advisable, when requested to do so by either party to an industrial dispute, or by either party in the case of an industrial grievance between an employer and one or more workers, or by both parties jointly, or in any case where he considers it expedient in the interests of good industrial relations that he should endeavour by conciliation to bring about a settlement between the parties.

(2) If a voluntary settlement is brought about by the Commissioner, the terms of settlement shall be embodied in an agreement, and shall be registered by the Commissioner.

39. Jurisdiction and powers of Supreme Court- (1) If conciliation procedure under section 37 of this Act has been unsuccessful in bringing about the settlement of an industrial dispute the Minister may refer the industrial dispute to a judge of the Supreme Court, sitting with 2 Assessors, one to be appointed by the employers and one by the workers, who shall have jurisdiction to settle and determine the matters in issue.

(2) The Court may dismiss any matter before it which it thinks frivolous, trivial, or vexatious.

(3) The Court shall in all matters before it have full and exclusive jurisdiction to determine the same, and to make such order, not inconsistent with this or any other Act, as in equity and good conscience it thinks fit.

(4) The procedure of the Court shall be such as the Court may determine. In particular, proceedings before the Court may be conducted in an informal manner, and no advocate of any party thereto shall be a practising barrister or solicitor.

(5) If it appears to the Court that there are employers or workers in the same class of industry or in any industry related to the industry in respect of which a dispute has been referred to the Court. it may permit such persons to appear and make representations to the Court in connection with such dispute.

(6) If during the hearing of any dispute before the Court, either party or both parties jointly shall request that an interpretation be placed upon any particular provision of this Act, the matter shall be referred to the Attorney-General whose opinion thereon shall be final and binding on the parties.

(7) The decision of a majority of the Judge and Assessors, shall be the decision of the Court, shall be final and conclusive, and shall not be challenged on matters of fact in any other Court.

(8) The decision of the Court in every case shall be sealed with the seal of the Supreme Court and a copy thereof shall be registered by the Commissioner.

(9) The decision shall specify in clear terms,-

(a) Each party on whom the decision is binding;

(b) The industry or employment to which the decision applies;

(d) The currency of the decision;

(e) Any other relevant matter which ought to be included in the decision, not being inconsistent with this Act or with any other enactment.

(10) Every employer and employee who commits any breach of a decision of the Supreme Court made under this section shall be guilty of an offence against this Act.

PART VIII
MISCELLANEOUS

40. Civil proceedings-Nothing in this Act shall operate to prevent any employer or worker from enforcing their respective civil rights and remedies for any breach or non-performance of a contract of service by way of civil proceedings.

41. Offences and penalties-(1) Any employer who enters into a contract of service contrary to any of the provisions of this Act shall be guilty of an offence, and on conviction shall be liable to a fine not exceeding $500.

(2) Any person who assaults or wilfully hinders or obstructs any officer of the Labour Department in the exercise of his lawful functions under this Act shall be guilty of an offence, and on conviction shall be liable to imprisonment for a term not exceeding 12 months or a fine not exceeding $200 or to both such imprisonment and fine.

(3) Any person who fails to comply with any of the other provisions of this Act shall be guilty of an offence and on conviction shall be liable to a fine not exceeding $200.

42. Regulations-(1) The Head of State, acting by and with the advice and consent of Cabinet, may from time to time make all such regulations as may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1) of this section it is hereby declared that regulations may be made under this section for all or any of the following purposes:

(a) Prescribing the keeping by employers of records concerning persons employed in their undertakings, and the form and contents of such records;

(b) Prescribing what is unhealthy, dangerous, or onerous work, and minimum ages of entry into employment in such work;

(d) Prescribing fees or for the waiving of fees in cases submitted to the Court, under the Act;

(e) Generally for the protection, health, and safety of women and young persons;

(f) Providing for the fixing of the maximum number of hours (exclusive of overtime) to be worked in any day or week by any employee in any specified class of occupation or employment;

(g) Obtaining any information or particulars that may be required for the effective performance of the functions of the Department under this Act;

(h) Prescribing fines not exceeding $100 for offences against any regulation made under this Act;

(i) Further defining the functions of the Department.

43. Repeal and savings-(1) The enactments specified in the Second Schedule to this Act are hereby repealed.

(2) It is hereby declared that the repeal of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed and every such document or thing, so far as it is subsisting or in force at the time of the repeal shaft continue and have effect and may be completed notwithstanding the repeal of the provision under which it was commenced.

SCHEDULES

FIRST SCHEDULE

Section 23

PRO-FORMA WRITTEN CONTRACT OF SERVICE

Each contract shall be signed in triplicate as follows-

One copy to remain with the employer, one copy (the original) given to the employee and one copy to be forwarded to the Commissioner of Labour.

1. Name and address of employer .............................................................................................................
...................................................................................................................................................................

2. Name and address of employee .............................................................................................................
Occupation .................................................................................................................................................

3. Parties to the contract-This contract of service is entered into by ..........................................................
hereinafter called the employer AND ..................................................................... hereinafter called the employee.

4. Location of place of work .......................................................................................................................
.....................................................................................................................................................................

5. Duration of contract-This contract shall take effect as from the date of its signature by the parties thereof and shall be terminated on ................................. .

6. Length of notice of-termination of contract.

7. Wages or salary-The said employee shall be paid $ ......................................... per (hour, day, week or month) wage period.

8. If piece work-The said employee shall be paid $ .............................................. per (so many pieces-details).

9. Increments-The following increments shall be paid each 12 months from the date of this contract and throughout its performance.

10. Hours of work-The employee shall work the following hours:

11. Shift work ...............................................................................

12. Holidays with pay-The employee shall be entitled to the following paid holidays.

13. Overtime-Should the employee be requested to work overtime, he shall be paid for such overtime at $ ............................. for each hour of work.

14. Annual leave-The employee shall be entitled to 10 days' paid annual leave in accordance with the provisions of section 26 of the Labour and Employment Act 1972, to be taken on such days as shall be mutually agreed.

15. Sick leave-After 12 months' service the employee shall be entitled to 10 days' sick leave in each year on production of a medical certificate by a medical practitioner.

16. Duties of employee-Under the terms of this contract the duties of the employee shall be as follows:

17. (Any other matter):

18. Remarks:

Signed:

.............................................. ..........................................................
Employer Employee

on ........................................ on ..........................................................

Witnessed by ......................................................................................
of (address) .....................................
on ....................................................
at ....................................................

Copy No .................

NOTE-All conditions of work shall be in accordance with the provisions of any written law in operation at the time of the signing of the contract. Headings which are not applicable may be omitted.

--------------------------------------------

SECOND SCHEDULE

Section 43

ENACTMENTS REPEALED

1950, No. 10 - The Contracts of Employment (Indigenous Workers) Ordinance.
1951, No. 4 - The Recruiting of Workers (Prohibition) Ordinance.
1960, No. 16 - The Labour Ordinance.

---------------------------------------------

The Labour and Employment Act 1972 is administered in the Labour Department.

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REGULATIONS APPLYING TO LABOUR AND EMPLOYMENT

Labour and Employment Regulations 1973 (W.S.R. 1973/1)
Labour and Employment (Nightwatchmen) Order 1976 (W.S.R. 1976/19A; Gaz. 1977, p. 736)
Workers (Minimum Wage) Order 1977 (W.S.R. 1977/6)

---------------------------------------------

THE LABOUR AND EMPLOYMENT REGULATIONS 1973

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 6th day of March 1973

PURSUANT to the Labour and Employment Act 1972, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations

ANALYSIS

PART I
PRELIMINARY

1. Title and commencement
2. Interpretation

PART II
INSPECTION AND PROTECTION

3. Inspection without notice
4. Identification of inspecting officer
5. Inspection of workplaces
6. Notification of inspection
7. Work during inspection
8. Removal of samples
9. Certificate of safety
10. Register of certificates of safety
11. Advice on alterations
12. Fire hazards
13. Electrical faults
14. Safety of workers
15. Orders requiring remedial action
16. Prohibitory notices

PART III
ACCIDENTS

17. First aid kit
18 Industrial accidents
19. Notification of accidents
20. Register of accidents

PART IV
RECORDS

21. Register of workers
22. Employer's returns
23. Employer to provide information

PART V
EMPLOYMENT EXCHANGE

24. Places of employment
25. Employment records
26. Workers seeking employment

PART VI
CONCILIATION AND ARBITRATION

27. Nomination of employers' assessors
28. Nomination of workers' assessors
29. Failure to nominate assessors
30. Employer's assessors panel,
31. Workers' assessors panel
32. Publication of panels
33. Terms of assessors panels
34. Nominations for vacancies
35. Filling assessor vacancy
36. Panel of chairmen
37. Terms of panel of chairmen
38. Appointment of Conciliation Committee
39. Conciliation arrangements
40. Procedure of Conciliation Committee
41. Proceedings of Conciliation Committee
42. Agreements and awards
43. Cases not conciliated
44 Agreements to be registered
45 Registered agreements
46. Inspection of agreements and awards
47. Qualification of assessors
48. Arbitration
49. Fees for hearing
50. Apportioning costs
51. Registration fee
52. Copies of agreements and awards
53. Annual reports
Forms
Schedules

------------------------------------------------

REGULATIONS

PART I
PRELIMINARY

1. Title and commencement-(1) These regulations may be cited as the labour and Employment Regulations 1973.

(2) These regulations shall come into force on the day on which they are made.

These regulations were made on 6 March 1973.

2. Interpretation-In these regulations, unless the context otherwise requires,-

"Commissioner" means the Commissioner of labour;

"Inspecting officer" means any Inspector of the Labour Department, or any official of the Labour Department delegated by the Commissioner of labour to perform inspecting duties;

"Industrial health and safety" includes the health and safety of employees in a place of employment with reference to the working environment, ranging from lighting, temperature and humidity to noise, vibrations, ionising radiation, dust vapours, fumes and all kinds of pollution as well as the arrangement and maintenance. of a place of employment, the safe handling and proper maintenance of all equipment and all matter related to the employment of workers;

"Place of employment" means a place of employment as defined in section 2 of the principal Act;

"Pressure equipment" means any kind of steam boiler, pressuriser, compressor, container of pressurised air and any other receptacle in which gases or liquids are kept under pressure;

"Principal Act" or "the Act" means the Labour and Employment Act 1972.

PART II
INSPECTION AND PROTECTION

3. Inspection without notice-The Commissioner of Labour or an officer lawfully appointed, authorised or delegated to perform an inspection may enter freely and without previous notice at any reasonable time during daytime or night-time any place of employment liable to inspection.

4. Identification of inspecting officer-The inspecting officer shall he provided with an identity card according to Form 1 to these regulations which he shall show on demand to the employer, owner or occupier of the place of employment, as the case may be.

5. Inspection of workplaces-Places of employment shall be inspected as often and as thoroughly as necessary to ensure the effective application of the provisions of paragraphs (b) and (c) of section 7 of the Act.

6. Notification of inspection-On the occasion of any inspection under paragraph (a) of subsection (1) of section 10 of the Act, the inspecting officer shall where practicable notify the employer, owner or occupier, as the case may be, of his presence, unless he has reasonable grounds for believing that such notification might be prejudicial to the performance of his duties.

7. Work during inspection-During the period of inspection no worker shall be required to leave any work on which he is engaged if his absence or cessation from such work would endanger life or property or seriously disrupt any operation being carried out by the employer of such worker.

8. Removal of samples-The inspecting officer may take or remove for purpose of analysis samples of materials and substances used or handled during the process of production subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

9. Certificate of Safety-A certificate of safety for approved pressure equipment may be issued according to Form 2 to these regulations and shall be renewable once every 12 calendar months.

10. Register of certificates of safety-A copy of the foregoing certificate shall be kept in a register at the Labour Department.

11. Advice on alterations-The inspecting officer may advise alterations or indicate such measures as may be necessary or desirable to secure or promote industrial health and safety and he may do so verbally at the place of employment under inspection. Such advice may be confirmed according to Form 3 to these regulations.

12. Fire hazards -In inspecting a place of employment. the inspecting officer shall take particular note of the likelihood of any fire hazards and for such purpose he shall, inter alia examine all structural features and exits, fire extinguishing equipment, fire alarms, fire prevention organisation and measures for the prevention of explosions, and in the event that he is not satisfied that protection is adequate he shall notify the employer, owner or occupier of the place of employment, as the case may be, according to Form 4 to these regulations, and he shall similarly notify the Chief Fire Officer according to Form 5 to these- regulations.

13. Electrical faults-For the purpose of remedying any faults which the inspecting officer may discover or may consider to exist in electrical wiring equipment and apparatus, he shall notify the Electrical Inspector according to Form 5 to these regulations.

14. Safety of workers-The inspecting officer shall take all necessary steps to have remedied any defects observed in any installation, plant, layout, working methods, or otherwise in any place of employment, which he may have reasonable cause to believe constitutes a threat to the industrial health and safety of workers.

15. Orders requiring remedial action-In order to ensure that such steps as are referred to in the preceding regulation shad be taken, the inspecting officer may make orders according to Form 6 to these regulations, requiring such alterations or additions as he may consider necessary to be carried out to the installation. plant, layout, working methods, or otherwise in such place of employment, either forthwith or within such period as he shaft consider reasonable and adequate.

16. Prohibitory notices-Where the inspecting officer considers that any installation, plant, layout, working method, or other thing in any place of employment constitutes an imminent safety hazard, he may issue to the employer, owner, or occupier, as the case may be, a prohibitory notice according to Form 7 to these regulations prohibiting the use thereof until made entirely safe.

PART III
ACCIDENTS

11. First aid kit-The first aid kit mentioned in subsection 34(4) of the Act shall contain all the items under the First Schedule to these regulations, unless otherwise directed by the Commissioner.

18. Industrial accidents-Employers shall be directed to study the Second Schedule to these regulations with a view to avoiding or preventing industrial accidents.

19. Notification of accident-For the purpose of a written notice of an accident the employer shall use Form 8 to these regulations.

20. Register of accidents-The Commissioner shall maintain a register of accidents set out according to Form 9 to these regulations.

PART IV
RECORDS

21. Register of workers-Every employer shall keep at the place of employment a register of workers according to Form 10 to these regulations and every worker shall have access to information pertaining to himself contained in such register.

As to records to be kept under the Accident Compensation Act 1978, see s. 39 of that Act.

22. Employer's returns-Every employer shall forward to the Commissioner such monthly, quarterly and half-yearly returns as may from time to time he decided by the Commissioner.

23. Employer to provide information-The employer shall ensure that any available item of information under the Act and these regulations shall be provided to the inspecting officer on request and notwithstanding that the employer might for the time being be absent from the place of employment.

PART V
EMPLOYMENT EXCHANGE

24. Places of employment-The Commissioner shall maintain records of all places of employment in Western Samoa.

25. Employment records-The records mentioned in the preceding regulation shall include:

No. of workers employed;

Sex of worker;

Age of worker;

Type of industry;

Type of work;

Wages paid according to skill;

Average weekly hours worked;

Average weekly earnings;

Average earnings per hour;

Free elements, if any (e.g., lodging, food, etc.);

Overtime worked;

Overtime rates of pay;

Method of payment of wages (piece, daily, weekly and monthly);

Normal daily wages (minimum, maximum, average, predominant, according to type of industry).

26. Workers seeking employment -For the purpose of directing a worker to an employer seeking labour, use shall be made of Form 11 to these regulations.

PART VI
CONCILIATION AND ARBITRATION

27. Nomination of employers' assessors-For the purpose of appointing a Conciliation Committee or assessors to the Court, the Minister shall invite the employers as a group or individually as he may deem advisable, to provide him with a list of 5 names of reputable persons whom they consider fit and proper to be members of a panel of employers' assessors to the Conciliation Committee or to the Court.

28. Nomination of workers' assessors-Similarly, the Minister shall invite he workers as a group, workers generally or workers united in association. as he may deem advisable, to provide him with a list of 5 names of reputable persons whom they consider fit and proper to be members of a panel of workers' assessors to the Conciliation Committee or to the Court.

29. Failure to nominate assessors-In the event that the parties should decline or fail to nominate or renominate all or any members of their panel, the Minister shall fill the panel or panels as he may consider advisable.

30. Employers' assessors panel-The Minister shall choose 3 names from such names as shall have been submitted by employers and these names shall be placed on a panel of employers' assessors.

31. Workers' assessors panel-The Minister shall follow a similar process for the constitution of a panel of workers' assessors.

32. Publication of panels-On the persons constituting the 2 panels having accepted to be assessors thus specified, the Minister shall appoint such persons as assessors and shall publish their names in the Savali.

33. Terms of assessors panels-Such panels shall continue in the first circumstance for a period of 3 years from their appointment after which the Minister may call for new nominations or may renominate any or all members to be assessors for a further period or further periods of 2 years.

34. Nominations for vacancies- In the event of the resignation or death of any member of either panel, or a vacancy occurring for any other reason, the Minister shall invite 2 nominations to fill that vacancy in like manner as is provided in the foregoing regulations 27 to 31 inclusive of these regulations.

35. Filling assessors vacancy-The Minister shall appoint one of the persons to nominated to be an assessor to fill the vacancy.

36. Panel of chairmen-The Minister shall appoint a panel of 3 fit and proper persons, not being employers, workers or members of the Public Service as defined under Article 83 of the Constitution but being persons of independent status, to fill whenever necessary, the position of chairman of the Conciliation Committee.

37. Terms of panel of chairmen-The panel of chairmen shall continue for a period of 3 years after appointment following which the Minister may reappoint the same panel or appoint a new panel as he may consider advisable or a period or periods of 3 years.

38. Appointment of Conciliation Committee-(1) A Conciliation Committee appointed under section 37 of the Act shall comprise:

(a) A Chairman appointed by the Minister from the panel referred to in regulation 36 hereof;

(b) One person nominated by the employers from the panel of employers' assessors referred to in regulation 30 hereof;

(2) Nomination of members of a Conciliation Committee shall be made on Form 12 to these regulations.

39. Conciliation arrangements-The chairman appointed shall, on having consulted with the 2 assessors, decide on a date and place for the matter to conciliated.

40. Procedure of Conciliation Committee-The procedure to be followed by the Committee shall be decided by the chairman in consultation with 2 assessors.

41. Proceedings of Conciliation Committee-All proceedings of the Conciliation Committee shall be private and shall not be made public in any manner whatsoever:

Provided that should the parties to the case and the Committee thus unanimously decide the agreement finally reached by the parties and by them signed may be read by the chairman in public.

42. Agreements and awards-The Commissioner shall maintain a register for conciliation agreements and of awards by the Court according to Form 13 to these regulations.

43. Cases not conciliated-The register under the preceding regulation shall also include information on cases which the Committee failed to conciliate but without disclosing the details of the nature of the failure.

44. Agreements to be registered-On an agreement having been reached by the parties through conciliation with the assistance of the Committee or of the Commissioner of Labour under section 38 of the Act, the agreement shall be written down, signed by the parties and countersigned by the members of the Committee or by the Commissioner, as the case may be, and registered at the Labour Department.

45. Registered agreement-A registered agreement shall bear identical validity to an award by the Court and all penalties for its breach as provided for the one shall in a similar manner be applicable to the other.

46. Inspection of agreements and awards-Any member of the public shall be entitled, on payment of a fee of $0.20, to inspect at the Labour Department any registered agreement or award.

47. Qualification of assessors-(1) The Chairman and members of a Conciliation Committee, and the assessors sitting in the Court shall-

(a) Be Western Samoa citizens;

(b) Be over 30 years of age;

(d) Be of sound mind;

(e) Be neither employers nor workers in any manner involved with the case to be conciliated or arbitrated.

(2) The Minister may remove any member of a panel if that person no longer holds all the qualifications prescribed in subclause (1) of this regulation.

48. Arbitration-If a matter fails to be conciliated and the Minister shall refer the dispute to the Court under section 39 of the Act, the parties involved in the matter shall be requested to appoint their assessors, not having been assessors of the Conciliation Committee which sought to conciliate that matter, and to notify to the Registrar of the Court and the Commissioner of labour the name of the assessors so appointed.

49. Fees for hearing-(1) No fees shall be charged for proceedings conducted by the Conciliation Committee or for the hearing of a case by the Court.

(2) Fees and expenses at such rate as may from time to time be determined by Cabinet may be paid to the members of a Conciliation Committee (including the Chairman thereof) and to the assessors sitting in the Court.

50. Apportioning costs-The Labour Department shall register a agreements and awards charging a fee for such registration and such a fee shall be paid by the parties concerned by sharing equally in the cost of registration.

51. Registration fee-The registration fee shall be $10.00 for each registration.

52. Copies of agreements and awards-Members of the public may purchase printed copies of the agreements and awards by the payment of a fee of $0.20 for each printed page of any agreement or award.

53. Annual reports-Once every calendar year from the date of the operation of these regulations the Commissioner of Labour shall submit to the Minister an Annual Report of the Labour Department for information of Parliament.

-----------------------------------

Form 1

INSPECTOR'S IDENTITY CARD

Regulation 4

LABOUR DEPARTMENT,
APIA.

Mr ............................................................... is an officer of the Labour Department
(full name)

and as a labour Inspector he may request information and do all such things as are provided by the Labour and Employment Act 1972 and the regulations issued thereunder.

Your co-operation is requested in providing him with all facilities necessary to attend to his functions under the said Act and regulations.

Commissioner of Labour
Photograph:
Signature:
Official stamp (including part of photograph)
Date:

No. of Identity Card:

--------------------------------------------------------

Form 2

CERTIFICATE OF SAFETY

Regulation 9

LABOUR DEPARTMENT,
APIA.
Date:

1. On ............................................................................. an inspection was made of (describe in full
(date)
the pressure equipment inspected giving full details including any matrix number):

.........................................................................................................................

.........................................................................................................................
by an Inspector of this Department.

2. The equipment described in the foregoing paragraph was found in good order and condition.

3. This certificate is valid for 12 calendar months from the date of issue.

Countersigned:
Inspector:
Date:

Commissioner of Labour
Official Stamp

No. of Certificate:
1 Copy File.

------------------------------------------------------------

Form 3

INSPECTOR'S REPORT TO EMPLOYER, OWNER OR OCCUPIER

Regulation 11

LABOUR DEPARTMENT,
APIA.
Date:

TO: (full name of employer), occupier or owner of place of employment.
Address:

1. During the inspection of (full name and address of place of employment inspected) I found (description of fault or matter to be rectified)-

.........................................................................................................................

2. I request that you take ad necessary steps to rectify the foregoing matter.

3. I intend to visit again your place of employment on or about (date.)

(Sgd.) ...................................
Labour Inspector, Apia
Official Stamp

Original to employer
1 copy for File
1 copy to Inspector

-----------------------------------------------

Form 4

NOTICE OF FAULT, HAZARD, OR DANGER

Regulation 12

LABOUR DEPARTMENT,
APIA.
Date:

To: (employer, occupier or owner of place of employment).
Address:

1. Further to this Department's Report on Form 3 forwarded to you by registered mail on (date), you are hereby notified that on (date) during an inspection by an Inspector of this Department, it was found:

(Description of fault, hazard, or danger).

2. You are required to obtain proper advice on the foregoing matter from the Chief Fire Officer, Director of Works, Electrical Inspector, immediately, and thereafter to rectify the matter in accordance with such advice as may be given to you.

Commissioner of Labour
Official Stamp

No. of Notice:
1 copy for File

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Form 5

NOTICE TO CHIEF FIRE OFFICER OR ELECTRICAL INSPECTOR

Regulations 12 & 13

LABOUR DEPARTMENT,
APIA.
Date:

To: (Chief Pare Officer/Electrical Inspector).
Address:

In accordance with the Labour and Employment Regulations 1973, you are hereby notified that during an inspection by an officer of this Department, of

(Full name and address of place
of employment inspected).

it was observed that:

(nature, type or matter)
being a matter that, under the said regulations, I am to bring to your attention.

Labour Inspector
Official Stamp

Original to addressee
1 Copy for File
1 Copy to Inspector

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Form 6

ORDER TO CARRY OUT ALTERATIONS OR ADDITIONS

Regulation 15

LABOUR DEPARTMENT,
APIA.
Date:

To: (employer, occupier. or owner of place of employment).
Address:

1. You are hereby advised that on (date) during an inspection by an Inspector from this Department, it was found that:
(Description of fault, hazard or danger).

2. Under Regulation 15 of the labour and Employment Regulations 1973, you are hereby required and ordered to carry out all alterations and additions necessary to remedy such fault. These are to be carried out to my satisfaction within .................... days from this date/forthwith.

Commissioner of Labour
Official Stamp

No. of Order:
1 Copy File

---------------------------------------------------

Form 7

PROHIBITORY NOTICE

Regulation 16

LABOUR DEPARTMENT,
APIA
Date:

To: (employer, occupier or owner of place of employment).
Address:

1. During the inspection of (full name and address of place of employment) on (date and time of inspection) it was found that:

(Description of fault)

.........................................................................................................................

2. As such fault is considered to constitute an imminent safety hazard and a danger to the workers employed by you, it is now ordered, under section 10 (1) (f) of the Labour and Employment Act 1972,

(State matter prohibited)
shall not be used until made entirely safe and thus no longer constituting a safety hazard and a danger to your employees.

Commissioner of Labour
Official Stamp

Order No.:
1 Copy for File

-------------------------------------------

Form 8

EMPLOYER'S WRITTEN NOTICE OF ACCIDENT

Regulation 19

To the Commissioner of Labour,
APIA.
Name (or employer, occupier or owner of place of employment)
Address:

1. I hereby notify you that the following accident took place at (full name and address of place where the accident took place) at (time when accident took place)
to (full name and address of person injured)

2. The nature of the injury was
(full description of nature of injury accompanied by a certificate of the doctor who treated the person injured)

3. The following persons witnessed the accident
(full name and address)

Signature:
Status:

Date:
Place:

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Form 9

REGISTER OF ACCIDENTS

Regulation 20

The Register shall contain the following entries:

1. Name of worker.
2. Sex.
3. Address of worker.
4. Date of accident.
5. Approximate time of accident.
6. Location where the accident took place.
7. Nature of accident.
8. Was the victim taken to a hospital?
9. How and by whom?
10. Give the names of witnesses (if any) to the accident.
11. Time when accident reported.
12. Accident reported by whom?
13. Accident reported to whom?
14. Any other remarks.
15. Signature of person filling the entries.
16. Date and time when the person who suffered the accident returned to work.

-------------------------------------------

Form 10

REGISTER OF WORKERS

Regulation 21

The Register shall contain the following entries:

1. Name of worker.
2. Date when first employed.
3. Occupation or skill.
4. Daily, weekly, fortnightly or monthly rated?
5. If piece-worker, rate per piece?
6. If casual worker, rate per hour?
7. Hours of overtime worked.
8. Amount paid for overtime.
9. Allowance-describe amount.
10. Deductions-" "
11. Any other allowances.
12. Total earnings for the pay period.
13. When pay due.
14. When pay paid.
15. Remarks (if any).

-------------------------------------------

Form 11

LABOUR EXCHANGE

Regulation 26

LABOUR DEPARTMENT,
APIA.
Date:

To (full name and address of prospective employer)

This will introduce (full name and address of prospective employee) who is (skill or trade).
Former place of employment:

.........................................................................................................................

Officer-in-Charge:
Labour Exchange:
Official Stamp

Date:

-------------------------------------------

Form 12

NOMINATION OF MEMBERS OF CONCILIATION COMMITTEE

Regulation 38

To the Minister of Labour,
APIA.

Sir,

(Title of case submitted for conciliation)

To attend to the matter specified above I/We* nominate:

Mr (full name and address)
to be the employers'/workers'* members of the Conciliation Committee for the said case and now request that you should make the appointment accordingly.

Date:

*Strike out where inapplicable.
Signed:
Address:

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Form 13

REGISTER OF AGREEMENTS AND AWARDS

Regulation 42

Case No.

Whether conciliated or arbitrated.
Claimant-Full name and address.
Respondent-Full name and address.
How case reached Conciliation Committee:

(a) Ordered by Minister.

(b) By request of the parties jointly.
Date when case reached Court:
If case conciliated: (brief summary of matter to be conciliated).
If case arbitrated: (brief summary of preliminary statements by claimant and defendant).
Outcome of case:

(a) If conciliated-whether or not agreement reached.

Date:

(b) Date of award by Court:
Any other detail.

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SCHEDULES

FIRST SCHEDULE

LIST OF REQUISITES FOR FACTORIES' FIRST AID BOX

Regulation 17

Quantity
1. Small dressings (1" broad) for fingers (sterile) ........................................................ 6 pkts.
2. Dressings for hands (4'-5') (sterile) ........................................................................... 6 pkts.
3. Dressings for other parts of body (10') (sterile) ........................................................ 3 pkts.
4. Ready-made dressings with compressive tampons for
penetrating wounds of body cavities (sterile) ............................................................... 3 pkts.
5. Sterile veils for burns - different sizes ...................................................................... 5 pkts.
6. Triangular straps ....................................................................................................... 2 pkts.
7. Cotton wool ............................................................................................................... 1 lb.
8 Adhesive Plaster .......................................................................................................... 1 large pkt.
9. Suitable skin antiseptic ............................................................................................... 1 bottle
10. Tourniquet ................................................................................................................ 1
11. Scissors ..................................................................................................................... 1
12. Safety pins ................................................................................................................. 2 boxes (various sizes)

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SECOND SCHEDULE

PROBABLE, POSSIBLE, OR POTENTIAL
CAUSES OF INDUSTRIAL ACCIDENTS

Regulation 18

The following shall, inter alia, be deemed to be potential causes of industrial accidents:

(a) Machinery:

(i) primary movers;

(ii) transmission machinery;

(iii) lifting machinery;

(iv) working machinery;
(b) Pressurised equipment:

(i) boilers;

(ii) compressed-air equipment;

(iii) compressors;

(iv) gas cylinders;
(c) Transport:

(i) ships;

(ii) vehicles;
(d) Explosions and fire;
(e) Poisonous, hot or corrosive substances:;
(f) Falls of persons;
(g) Stepping on or striking against object;
(h) Falling objects;
(i) Falls of ground;
(j) Handling without machinery;
(k) Hand-tools;
(1) Animals;
(m) Miscellaneous.

MALIETOA TANUMAFILI II,
Head of State.

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THE LABOUR AND EMPLOYMENT (NIGHTWATCHMEN) ORDER
1976

PURUSANT to the Labour and Employment Act 1972. the Minister of Labour hereby makes the following Order:

ANALYSIS

1. Title
2. Interpretation
3. Exclusion of night watchmen from provisions of Act.

ORDER

1. Title-This Order may be cited as the labour and Employment (Nightwatchmen) Order 1976.

2. Interpretation-In this Order "service as a nightwatchman" includes guarding, patrolling. watching. or in any other manner protecting any premises or property during any period between the hours of 4.30 p.m. and 8 a.m.

3. Exclusion of nightwatchmen from provisions of Act-Sections 24(2).25 (2), 28, 29, and 30 of the Labour and Employment Act 1972 shall not apply to service as a nightwatchman.

Dated at Apia this 7th day of September 1976.

ULUALOFAIGA TALAMAIVAO N. MASOE
Minister for Labour

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THE WORKERS (MINIMUM WAGE) ORDER 1977

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Vailima this 10th day of March 1977

PURSUANT to section 19 of the Labour and Employment Act 1972, the Head of State, acting by and with the advice of Cabinet, hereby makes the following Order:

ANALYSIS

1. Title
2. Application
3. Minimum wage for workers
4. Calculation of rates of pay for piece work
5. Revocation

ORDER

1. Title-This Order may be cited as the Workers (Minimum Wage) Order 1977.

2. Application-This Order shall apply to every worker in every industry.

3. Minimum wage for workers-From and including the first day of April 1977, there shall be paid to every worker who has attained the age of 21 years by his employer a wage at a rate of pay that is equivalent to not less than 25 sene for every hour worked by the worker under his contract of service with the employer.

4. Calculation of rates of pay for piece work-For the purposes of determining the hourly rate of pay of any particular worker in any industry engaged on piece work, the number of pieces of task work, complete or incomplete, that the average worker engaged in such work may be reasonably expected to undertake in a period of one hour shall be deemed to be the number of pieces of task work complete or incomplete, which the particular worker does undertake in one hour.

5. Revocation-The Labourers (Minimum Wage) Order 1975 is hereby revoked.

MALIETOA TANUMAFILI II
Head of State

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