When an employee works full-time under a permanent contract, then they may not be terminated without notice. If an employer wishes to immediately terminate the employment contract when notice is due, the employer may pay the employee in lieu of notice. Notice periods range from 1 week to 8 weeks, depending on seniority. Employees can be dismissed without notice in case of gross misconduct.
No notice is required for terminating a seasonal employee hired for a specific season or short period, a trainee whose employment is terminated at the end of the training agreement, or a casual employee who has worked for the employer for less than 2 months
In Samoa, employment permits are required for workers who are not citizens, permanent residents, or holders of temporary resident permits that grant employment. Employers who employ workers without an employment permit are liable to a fine. Employers may apply to the Minister of Labor in writing for an employment permit, and the application must contain the prescribed application fee. Work permits are valid for up to 3 years.
Employees are entitled to annual leave if they have worked for 12 consecutive months for the same employer.
The entitlement is at least 10 days of paid annual leave each year. This leave must be taken on days mutually agreed upon by the employer and employee. Employees are entitled to take leave on a pro rata basis during the year in which the leave is accumulated. The employer may pay the employee in lieu of annual leave if the employee agrees.
Employees are entitled to carry forward their unused annual leave entitlement to a subsequent year. They can carry forward 20 days’ annual leave which can be extended by agreement between the employer and employee.
An employer who fails to comply with the annual leave provisions commits an offense and, on conviction, is liable to a fine not exceeding 100 penalty units (1 penalty unit is equivalent to WST 100).
A full work week is 40 hours or 8 hours a day. The employee and employer can agree that the employee who works less than 8 hours a day may work extra time on the remaining days of the week. However, the number of hours in a day may not exceed 9 and the hours for the week may not exceed 40.
Employees are entitled to paid maternity leave when they have worked for the same employer for 12 consecutive months and provide a medical certificate proving their pregnancy. Maternity leave lasts for 6 weeks and is paid either as two-thirds of the ordinary salary during the maternity leave or 4 weeks of full pay and 2 weeks of unpaid maternity leave. An employee who miscarries in the third trimester or who delivers a stillborn is also entitled to maternity leave. Upon returning from maternity leave, an employer must guarantee the employee the same or equivalent position with the same pay rate upon the employee’s return.
The current minimum wage in Samoa is WST 4.84 (Samoan talas) an hour, effective July 1, 2025. Effective July 1, 2026, the minimum wage is set to WST 5.24 per hour, increasing to WST 5.65 from July 1, 2027, and WST 6.05 per hour from July 1, 2028.
Employers must be paid within 7 days of the last day of the pay period in respect to the wages that are payable. Unless an employee expressly consents to otherwise, the employer must pay the employee at the place of employment on a working day.
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