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.
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.
In Haiti, employment contracts can be tacit, verbal, or written. The law mandates that all written contracts are concluded in French, and each party receives a copy. Several terms are required to be included in every written employment contract. The required terms are listed in full in the Labor Code and include, but are not limited to, the following:
Amount of hours the employee will work
Duration of the working day
Nature of the work
Salary, wages, or other remuneration stipulated by the parties
Once signed, a written contract is considered valid and falls under the law so long as it has the above information.
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 come to a close.
Furthermore, the law states that temporary contracts that are "tacitly renewed" or don't specify termination are transformed into permanent, indefinite agreements granting the worker all the benefits of permanent contract employment. A tacit renewal would presumably occur if the temporary worker continued to perform work after the term of their contract expired and the employer did not object.
Under the Labor Code of Haiti, an employer or an 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. The obligation to give notice to terminate is not altered by the stipulation of a probationary period in the employment contract. Notice will be required upon reaching the 3-month threshold in any case. For domestic employees, the first 3 months are automatically considered a probationary period under the law, and either party may terminate the employment relationship without liability during this period.
The Labor Code of Haiti defines normal working hours as 8 hours per day and 48 hours per week. For industrial businesses, regular daily hours of work are 9 per day, and for commercial establishments and offices, standard working hours can be up to 10 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.
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, including 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 2 years).
Per the Labor Code, employees are entitled to 15 days of sick leave after a year of service. Employees must provide a medical certificate from a company doctor or a Public Health Service doctor to continue receiving their salary during this absence. Permanent employees who have not been with their company for a year receive sick days in proportion to the length of service already provided. An employee can suspend their duties for up to 3 months without penalty if they are ill and present a confirmed medical certificate. If disputed, the certificate must come from a public authority. After 3 months, the employer may end the contract, paying sick leave and any benefits the employee is entitled to. If an employee is covered under the OFATMA voluntary insurance, they can benefit from a daily allowance during the period of sick leave. For benefit amounts, employees should refer to their individual contracts.
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 2 years, provided the employee and employer enter into a written agreement.
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 for 6 weeks after the birth of the child and 6 weeks before the birth of the child when the circumstances permit it. If the employee cannot take all 6 weeks before the delivery, she may use that time after the birth of her child.
The allowance paid during maternity leave is borne by both the employer (50%) and the remaining 50% by the Office of Insurance for Work Accidents, Sickness, and Maternity Leave for those covered under the voluntary insurance scheme.
Haitian labor law does not contain provisions addressing paternity leave.
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
1 month of notice for employees with tenure of 1 to 3 years
2 months of notice for employees with tenure of 3 to 6 years
3 months of notice for employees with tenure of 6 to 10 years
4 months notice for employees with tenure over 10 years
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.
