Table of Contents

Haiti

Table of Contents

Currency

Haitian Gourde (HTG)

Payroll Frequency

Monthly

Employer Taxes

11%

About Haiti

Haiti is a country in the Caribbean, on the island of Hispaniola, which it shares with the Dominican Republic. As the poorest nation in the Western hemisphere, it is further impeded in its progress by its susceptibility to natural calamities (such as a devastating earthquake in 2010), as well as many other hurdles against economic development. It was the first independent nation in the region, having led the first successful revolt against slavery in the 18th century. The rebellion began in 1791, led by a former slave and the first black general in the French Army, Toussaint Louverture. Haiti’s population is estimated at 10.6 million, with several racial and ethnic groups, with blacks comprising the majority. Both French and Creole are the nation’s official languages. Haiti has a rich and diverse cultural identity, with influences from Spain, France and Africa. Festivals such as Carnival play a major role in Haitian religious and cultural traditions.

Employment Relationship

• Permanent Employment

Permanent employment is defined in the General Provisions of Haiti's Labor Code. The law states that permanent employment is work that continues normally and without interruption for the duration of the business. Furthermore, permanent employment may be defined by the presence of a labor contract that allows for an indefinite period of employment. If the agreement specifically states termination circumstances (as in an employee will remain with the company until a project is complete), it is considered provisional and not permanent. It can be terminated at any time by the will of the worker or that of the employer by giving notice.  

• Fixed-Term or Specific-Purpose Contracts

The Labor Code of Haiti defines a fixed-term contract as an agreement with a term fixed in advance by the employer and employee. A fixed-term employment contract which expires is renewable by tacit agreement unless otherwise stipulated. Contracts concluded for a specific purpose are considered temporary. A contract is temporary when the service provided is accidental, not related to the primary business of the company, or the agreement is set to end once the circumstances that made it necessary end.

• Temporary Employment Contratcs

Temporary employment contracts in Haiti are governed under the same laws as fixed-term and permanent contracts. A contract is temporary when the service provided is accidental, not related to the primary business of the company or the contract is set to end once the circumstances that made it necessary end. Furthermore, the law states that temporary contracts that are "tacitly renewed" are transformed into permanent, indefinite agreements that entitle the worker to all the benefits of permanent contract employment. A tacit renewal would presumably occur if the temporary worker continued to perform work after the term on their contract expired, and the employer did not object.

Probationary Period

According to the Labor Code of Haiti, an employer or employee may terminate the employment relationship without notice within the first 3 months of service. Apprenticeship contracts can include a trial period not exceeding 3 months. For domestic employees, the first 3 months are considered a probationary period, and each party may terminate the employee relationship without liability during this period. 

Working Hours

The Labor Code of Haiti defines normal working hours as eight hours per day and 48 hours per week. For industrial businesses, regular daily hours of work are nine per day, and for commercial establishments and offices, standard working hours can be up to ten hours per day. The Labor Code allows for the work to be divided up differently based on business needs as long as the regular weekly working hours do not exceed 48.

Holidays / PTO

• Statutory Holidays

Day of Independence – January 1 Update of the Ancestors – January 2 Fat Tuesday – date subject to change annually Carnival Monday – date subject to change annually National Labor Day – May 1 Flag Day – May 18 National Day of Recognition – May 22 President’s Day – June 22 Feast of the Dead – November 2 Commemoration of the Battle of Vertieres & Armed Forces Day – November 18 Anniversary of the Discovery of Haiti –  December 5 Christmas Day – December 25

• Paid Annual Leave

Permanent employees are entitled to 15 days of paid leave after a year of service to the company. For employees whose work is not regular throughout the year, annual leave is calculated based on the number of working days, inclusive of holidays and Sundays, and then divided by 30. The law prohibits annual leave from being cumulative. In some cases, the Directorate of Labor may authorize a written agreement between the employer and the employee that allows the accumulation of annual leave (the accumulation period may not exceed two years).

• Sick Leave

Per the Labor Code, employees are entitled to 15 days of paid sick leave after a year of service. Employees must provide a medical certificate from a company doctor or a Public Health Service doctor to qualify. Permanent employees who have not been with their company for a year receive sick days in proportion to the length of service already provided.  Employees may not accumulate sick leave from one year to the next. The Directorate of Labor may make an exception and extend the accumulation of sick leave for up to two years, provided the employee and employer enter into a written agreement.

• Maternity Leave

Pregnant employees in Haiti are entitled to 12 weeks of paid maternity leave upon the production of a medical certificate stating the anticipated delivery date. Women are required to take leave of six weeks after the birth of the child and six weeks before the birth of the child when the circumstances permit it. If the employee cannot take all six weeks before the delivery, she may use that time after the birth of her child. Maternity leave is paid for by the Office of Insurance for Work Accidents, Sickness, and Maternity Leave.

• Paternity Leave

Haitian labor law does not contain provisions addressing paternity leave. 

Termination of Employment

• Notice Period

Mandatory notice for dismissal or termination of the employment contract is required under the Labor Code of Haiti. Except for circumstances related to fair and necessary immediate dismissal, employers and employees must give written notice of the intent to end the contract or give it verbally with two witnesses present. Written notice of dismissal must be used for written agreements, and verbal notice may be used for verbal agreements, though it is ideal to have the information in writing in both circumstances. The length of the notice depends on the employee’s term of service to the company: 15 days notice for employees with tenure of three to 12 months One month of notice for employees with tenure of one to three years Two months of notice for employees with tenure of three to six years Three months of notice for employees with tenure of six to ten years  Four months notice for employees with tenure over ten years

• Severance Benefits

The amount of severance due to an employee is defined as an "indemnity" in the Labor Code and varies based on the employee's length of service with the company. For employees who are paid monthly, severance pay calculation is based on the most recent wage of the employee. For workers who are paid for piecework, the calculation is based on the average daily wage of the employee over a defined reporting period.