How to Hire Employees in Samoa
Discover how partnering with a Samoa Employer of Record can simplify the hiring process and help you save on employment costs. Explore the benefits of using a Samoa EOR service today!
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Hiring in Samoa is becoming an increasingly attractive location for employers hiring abroad, primarily for companies in the agricultural and tourism sectors. With government incentives for foreign investment and good access to Pacific Island markets, Samoa could be your next destination for foreign recruitment.
This guide is designed to give you all the information you need to hire workers in Samoa, including an overview of local labor laws, a simple 9-step recruitment guide, and details on mandatory employee benefits. We’ll also explain how Remote People’s Employer of Record (EOR) services can simplify the hiring process and ensure your business remains compliant every step of the way.
Why Expand Your Business to Samoa
Strategic Advantages of the Samoa Market
There are a few key reasons why more companies are starting to hire in Samoa.
Samoa provides an easy link to opportunities in the Pacific, as well as more broadly across Asia. The government of Samoa offers many opportunities for foreign investment, particularly in sectors such as agriculture, tourism, and renewable energy, where the country is particularly prominent.
With an English-speaking workforce and Samoa’s strong work ethic, there are many reasons why you should choose Samoa for hiring abroad.
Importance of Being Aware of Samoa's Labor Laws
The Labour and Employment Relations Act of 2013 is the key legal framework that details rules on employment contracts, wages, overtime rates, leave entitlements, and termination. Other relevant legislation that companies must be aware of includes:
- Labour and Employment Regulations of 2015
- Samoa National Provident Fund Act
If in doubt, companies should liaise with legal professionals who are experienced in Samoan labor law to ensure that working practices are completely compliant.
Start hiring with a Samoa EOR
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Step 1: Define Your Hiring Needs
Before you hire any new employees, you need ot think about exactly what you want to achieve from the hiring process.
This includes the number of roles you need to hire, what type of roles you need to achieve your goals, and how your recruits will align with your long-term business objectives.
Step 2: Familiarize Yourself with Compliance Requirements
Understanding the compliance requirements in Samoa is crucial when hiring in this country.
This includes the mandatory employee benefits that workers are entitled to, your tax obligations as an employer, and social security contributions you need to make as a company and on behalf of your employees.
Step 3: Choose Your Hiring Method
The way you choose to hire will differ depending on your position and needs as a company. We’ve detailed the different hiring methods that are available in Samoa in the sections below.
Establishing a Legal Entity
Registering your business as a legal entity in Samoa means you’ll have full control over the hiring process, becoming the legal employer of any new workers.
This process involves registering with the Samoa Business Enterprise Centre and obtaining the necessary licences to hire employees. You’ll also need to file relevant documents with the Samoa Companies Office and set up a business bank account.
It’s important to bear in mind the financial and administrative responsibility of setting up a legal entity, which is why this method is best suited to companies seeking long-term recruitment in Samoa.
Using an Employer of Record (EOR)
An Employer of Record provider can be a helpful support when hiring abroad, acting as the legal employer of workers in Samoa and ensuring compliance with local labor laws.
They can also handle tasks around payroll, contracts, and employee benefits to make sure your company is fully in line with best practices.
This method is ideal for companies looking to test the market or looking for general support when hiring abroad.
Hiring Independent Contractors
Using independent contractors can be a perfect hiring method for businesses carrying out project-based work.
Contractors tend to offer more flexible work than employees, and do not qualify for employee benefits under Samoan labor law.
However, contractors must be classified correctly to avoid legal penalties, and practices must follow the Labour and Employment Relations Act of 2013.
Step 4: Develop a Recruitment Strategy
When putting together your recruitment strategy, you need to think about what needs to go in your job adverts and how you want to advertise.
Job adverts should include a clear description of the job role and any benefits that will be provided. Make sure your adverts adhere to anti-discrimination laws, and then post them on professional networks and local job boards.
Some examples of online job sites that are popular with people looking for work in Samoa include:
Step 5: Conduct Interviews and Assessments
When you have a shortlist of candidates, you can begin conducting your interviews and assessments.
A top tip when interviewing is to consider cultural norms in Samoa, making sure you set a great first impression with your candidates. Respect and hierarchy, professional dress code, and indirect communication are all common social norms in this country, and adhering to these can put potential employees at ease and more likely to interview well.
Step 6: Know the Legal Limitations of Background Checks
It’s common for employers in Samoa to carry out background checks on criminal records, employment/educational verification, and references.
While background checks are commonplace, they must only be carried out with explicit consent from the candidates, as well as complying with privacy and non-discrimination legislation.
Step 7: Draft Employment Contracts
Putting together your employment contracts is one of the most important steps in the recruitment process.
You need to make sure your contracts include a clear job title and description, as well as details on probationary/notice periods and employee benefits. Getting these details right the first time can save you significant time and issues from occurring in the future.
We’d strongly recommend having employment contracts reviewed by a legal professional before having them signed to mitigate any risks that may arise.
Step 8: Register with Authorities and Set Up Payroll
Once contracts have been signed, make sure to register your new employees with the local authorities and set up payroll to ensure they’re paid correctly and on time for their work.
They should have an assigned tax number with the Ministry of Customs and Revenue, and should have an ID with the Samoan Social Security System.
You should also register employees with any health insurance or private pension schemes you’re running at this time.
Step 9: Onboard Your New Employees
Welcome your new employees to the team by introducing them to their colleagues and providing them with all the necessary training and resources they need.
Now is also the best time to run through your company policies and procedures to make sure these are fully understood before commencing work.
Key Employment Laws and Regulations
The Samoa Labor Code
The Labour and Employment Relations Act of 2013 is the main piece of legislation that informs employers and employees of their rights and obligations in a working environment.
This act explains various elements of employment, such as contracts, leave entitlement, and rules around termination.
Social Security Regulations
Samoa operates under a Social Security System which provides financial benefits to workers upon retirement age, and in the event of sickness, maternity, work injury, and unemployment.
The contribution rates for social security in Samoa are as follows:
| Contributor | Rate |
|---|---|
| Employees | 7% of gross monthly earnings |
| Employers | 7% of gross monthly payroll |
Employees may also make voluntary contributions towards social security to a maximum of 2,000 WST.
Employment Standards and Employee Rights
Unions and Works Council
Employees in Samoa are legally entitled to form, join, and participate in trade unions as per the Labour and Employment Relations Act of 2013.
Work councils are not formally established by law, with representation primarily occurring through trade unions.
Types of Employment Contracts
The typical employment contracts in Samoa are as follows:
Permanent Contracts (Indefinite)
The most common type of contract in Samoa, used for full-time workers without a set end date.
Fixed-Term Contracts
Used for workers carrying out project-based work, with a specific start/end date. May be renewable.
Working Hours and Overtime
Standard Working Hours
The standard working week in Samoa is 40 hours, with employees typically working 5 days per week at 8 hours each.
Overtime Regulations
Hours exceeding the 40-hour work week count as overtime and must be paid at an enhanced rate.
Overtime is generally paid at 1.5 times an employee’s normal hourly rate.
Leave Entitlements
Annual Leave
Employees in Samoa are entitled to a minimum of 10 days of paid annual leave if they have completed 1 year of continuous service.
Annual leave can be taken in either 1 uninterrupted period, or 2 or more periods.
Sick Leave
Employees may take up to 10 days of sick leave per year if they have completed 1 year of service with their employer. A medical certificate must be provided if a worker is absent for more than 3 days.
Sick pay must be paid at an employee’s normal level of pay, and sick leave may be carried over to the following year to a maximum of 20 days.
Maternity and Parental Leave
Female employees may take a maximum of 12 weeks of paid maternity leave once they have completed 1 year of continuous service, with the first 6 weeks paid in full by the employer and the remaining 6 weeks being unpaid.
There is no statutory provision for paid paternity leave in Samoa.
Termination and Severance
Notice Periods
Notice periods in Samoa vary depending on contract type and length of service.
Indefinite contracts usually incur notice periods of between 1 – 4 weeks, depending on length of service, while fixed-term employees would have a specific notice period detailed in their contract.
Severance Pay
There is no statutory obligation in the Samoan labor law for employers to pay severance pay to workers upon terminating their contract.
However, many businesses do choose to offer severance pay for termination without cause, which is usually calculated based on years of service and experience.
Mandatory Contributions
Social Security Contributions
Both employers and employees must pay 7% each in social security contributions to fund pensions, maternity, sickness, and work injury benefits.
Health Insurance and Pension
Samoa operates under a public healthcare system, providing citizens with access to basic medical services under the Ministry of Health. This system is funded through general taxation. There are also private health insurance which are commonly offered by larger employers, providing workers with access to faster treatment and more specialist clinics.
The Samoa National Provident Fund (SNPF) is the primary pension scheme in Samoa, and is mandatory for all employees.
Samoa operates a universal pension for senior citizens over the age of 65, which provides a basic pension regardless of a person’s work history/contributions. There are also private pension options that some employers offer their workers; however, these are not mandated by law.
Optional Benefits
Employers operating in Samoa are encouraged to offer workers supplementary benefits to enhance job offerings and increase staff retention rates. A few examples of additional perks you could offer your workers include:
- Performance bonuses
- Company car
- Flexible working
- Advanced training opportunities
- Private pension scheme
- Health insurance
How to Hire Employees in Samoa – Our Take
Hiring in Samoa can be made significantly easier with Remote People.
Our Employer of Record (EOR) services help businesses employ workers in Samoa legally and compliantly, without the need to set up a local entity. We manage employment contracts, payroll, tax obligations, and statutory benefits—ensuring your team is fully supported under Samoan labor laws.
With Remote People handling the compliance and administrative complexities, you can focus on growing your business and building a strong team in Samoa.
Contact Remote People today to start hiring in Samoa with confidence.
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