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Labour and Employment Relations Act 2013

The Samoa Labour and Employment Relations Act 2013 prohibits sex discrimination in the workplace and in the course of employment. It requires that a woman employed in the same job as a man must receive equal treatment. Part Four of the Act provides that employers must pay male and female employees equal wages for work of equal value. The Act further prohibits discrimination in policies, procedures, or practices against employees or applicants on the basis of sex or gender. Part Seven, Section 45 establishes maternity protections, including a prohibition on terminating a female employee during or after pregnancy except for reasons unrelated to the pregnancy, with the burden of proof placed on the employer. A female employee who takes maternity leave has the right to return to her position, or to an equivalent position paid at the same rate as when her leave began.

The Act defines harassment to include conduct of a sexual nature. A 2023 amendment added a definition of gender-based harassment, defined as conduct directed at persons because of their sex or gender, or conduct that disproportionately affects them. The Act also includes provisions on offenses and penalties. Individuals who breach the Act may be fined, and employers may be ordered to compensate affected employees the amounts they are entitled to under the law.

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