Haiti

Employment Contracts

An employment contract in Haiti can either be written or verbal. Written employment contracts need to be in French and original copies must be provided to both the employer and employee. The contracts should specify:

• Name, address and identity of the employer and employee
• Work hours
• Description of work to be performed
• Location of where work is to be performed
• Salary
• End date if for a fixed term
• Signatures (or fingerprint and witness signatures for those who cannot sign)

Public Holidays

Haiti observes the following public holidays:

• Independence Day
• Founders Day
• Mardi Gras
• Ash Wednesday
• Good Friday
• Labour and Agricultural Day
• Flag and University Day
• Ascension Day
• Corpus Christi
• Assumption Day
• Anniversary of JJ Dessalines’ Death
• All Saints’ Day
• All Souls’ Day
• Vertières Battle Day
• Christmas Day

Compensation

Bonuses are common in the form of an additional month’s salary generally paid in the last week of December.

Working Hours

The standard work period is 48 hours a week, or eight hours a day over six days. Employees are entitled to a continuous rest period of 24 hours during the week. The maximum overtime allowed is two hours a day, 80 hours every quarter of the year or 320 hours per year.

Night work is between the hours of 6 p.m. and 6 a.m. Night work is allowed only when such work cannot be performed during the day and is limited to eight hours a day.

Individuals 14 years of age or older may enter an apprenticeship to perform work in exchange for instruction, and 40% of the minimum legal daily wage. A medical exam is required to apprentice.

Vacation Leave

In addition to public holidays, employees in Haiti receive 15 days of paid leave, including 13 working days and two Sundays. Vacation days are not cumulative.

Sick Leave

Employees receive 15 days of paid sick leave a year after one year of service. Employees with less than one year of service are entitled to sick days on a prorated basis. Employees must provide a medical certificate.

Maternity / Paternity Leave

Female employees receive 12 weeks of maternity leave, with six weeks taken before the birth and six weeks taken after the birth. Maternity leave is extended if the birth occurs after the due date so that a full six weeks of leave is taken after the birth. Female employees receive 100% of their salary while on maternity leave which is paid through the Office of Workers’ Compensation Insurance, Maternity and Sickness (OFATMA). Female employees on maternity leave can only be dismissed for misconduct.

Employment Termination / Severance

Employment may be terminated at the end of a fixed term contract, by mutual consent, by the employer (with or without cause) or by the employee.

Employers can terminate an employee without providing notice for threatening or abusive conduct, damage to property, unauthorized absence for three consecutive days or four days in a month, failing to follow accident prevention measures, lying about qualifications, imprisonment for more than one month or breach of contract. Employers must notify the Labor Department and provide the reason for dismissal. The Labor Department will investigate the termination and refer the matter to arbitration if there is a dispute. Damages and compensation may be awarded if the termination is deemed unlawful.

An employment contract can be terminated without notice by mutual consent. The mutual agreement must be in writing if the employment contract is also in writing. If the employment agreement is verbal, consent to terminate may be in writing or provided verbally in front of two witnesses.

Employees may be dismissed without notice within the probation period.

Health Insurance Benefits

The state offers health care through social security for its citizens via the Office of Occupational, Sickness and Maternity (OFATMA).