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Employment Norms in Haiti
Haiti is a country in the Caribbean known for its beautiful landscapes and rich history. The country's economy is largely based on agriculture, and its labor force is primarily employed in the informal sector. Despite its challenges, Haiti offers diverse employment opportunities in various industries, including manufacturing, services, and tourism. In this context, it is important to understand the employment norms and regulations that govern the country's labor market. This includes minimum wage laws, working hours, leaves, and other benefits.
General Information:
- The Haitian currency is the Haitian gourde (HTG).
- Port-au-Prince is the capital of Haiti.
- Haitian Creole and French are the official languages of Haiti. Legal documents can be drafted in French and Haitian Creole to be considered legally valid.
- The Gross Domestic Product (GDP) of Haiti as of 2022 is 32 billion USD.
Haiti's labor laws and regulations provide protections for workers, such as the right to form unions, the right to take paid leave, and the right to receive fair compensation.
Table of Contents
- Agreements
- Onboarding Process
- Visa
- Minimum Wage
- Payroll Cycle
- Annual Bonus
- Health Benefits
- Working Hours and Overtime
- Leaves
- Social Security
- Taxes for Employers
- Taxes for Employees
- Probation
- Termination
- Severance Pay
- Employees or Contractors
- Final Words
AgreementsOnboarding ProcessVisaMinimum WagePayroll CycleAnnual BonusHealth BenefitsWorking Hours and OvertimeLeavesSocial SecurityTaxes for EmployersTaxes for EmployeesProbationTerminationSeverance PayEmployees or ContractorsFinal Words
Agreements in Haiti
Agreements related to labor and employment in Haiti are governed by the Ministry of Social Affairs and Labor and the ILO/MAST Project. The President certified Haiti's compliance with core labor standards on October 16, 2009.
The three types of employment contracts available in Haiti are:
- Fixed-term or temporary contract: Before signing the contract, the employer and the candidate will agree on the length of their work.
- Contract workers: More prevalent than full-time employees in Haiti.
- Union contracts: Unions in the apparel and textile sector are strengthened to organize and democratically represent apparel and textile workers.
Furthermore,
- The Labor Code requires that employers provide employees with a copy of their employment contract within three days of the contract's execution.
- Collective bargaining agreements may be negotiated between employers and labor unions. These agreements must be in writing and must be registered with the Ministry of Social Affairs and Labor.
- Employers and employees may also enter into individual negotiation agreements to modify the terms of the employment contract.
- Contracts can be drafted in French and Haitian Creole to be considered legally valid.
Onboarding Process in Haiti
In Haiti, there are no specific laws governing the process of onboarding. However, the following are general best practices for the employee onboarding process:
- Employers should provide new hires with a job offer letter that includes the details of their employment, such as job title, start date, salary, and working hours.
- Employers should collect necessary documentation from new hires, including a copy of their national identification card, social security card, and proof of education and work experience.
- Employers should provide new hires with an orientation that includes an introduction to the company culture, policies and procedures, and safety protocols.
- Employers should assign a mentor or buddy to new hires to help them acclimate to their new role and workplace.
- Employers should ensure that new hires receive any necessary training, such as health and safety training or job-specific training.
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Visa in Haiti
Haiti offers several types of visas for foreign nationals, including:
- Tourist visa: for individuals traveling to Haiti for tourism or visiting family or friends.
- Business visa: for those who are traveling to Haiti for business purposes.
- Work visa: for individuals who have secured employment in Haiti.
- Student visa: for individuals who have been accepted into a Haitian educational institution.
- Diplomatic visa: for foreign government officials or diplomats traveling to Haiti for official purposes.
Minimum Wage in Haiti
Based on the profession and industry, the minimum wage in Haiti ranges from HTG 350 to HTG 770.
Payroll Cycle in Haiti
In Haiti, the payroll cycle is typically monthly.
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Annual Bonus in Haiti
Annual bonuses or 13-month salaries are paid to employees in Haiti in December every year.
Health Benefits in Haiti
In Haiti, there is no legal requirement for employers to provide health benefits to their employees. However, some employers may choose to offer health benefits as part of their compensation package. Common health benefits provided by employers in Haiti may include:
- Health insurance coverage
- Access to medical care and treatment
- Paid sick leave
- Disability benefits
Employers may also offer wellness programs, such as fitness classes or access to gyms, to promote employee health and well-being.
Working Hours and Overtime in Haiti
- Work hours: The work week in Haiti is of 48 hours, with 6 days of working and a maximum of 8 hours per day
- Break:The standard workday is typically from 8 am to 5 pm, with a one-hour lunch break from noon to 1 pm.
- Overtime: Overtime work is compensated at a higher rate than standard hours, typically 50% more than the employee's regular hourly wage. The legal limit for overtime is 80 hours in a quarter.
Leaves in Haiti
Leave provisions in Haiti are as follows:
Sick Leave
- Employees are entitled to up to 15 days of paid sick leave every year.
Parental leaves
- Maternity leave is provided for up to 12 weeks. The leave is covered by National Insurance Office (ONA)
- Paternity leave is not provided for by law in Haiti.
Annual leaves
- Employees are entitled to 15 days of paid annual leave after completing one year of service with their employer.
- If an employee works for less than one year, they are entitled to one day of annual leave for every month worked.
- If an employee does not take their annual leave, they may be entitled to a cash payment instead of leave at the end of their employment.
Public Holidays (for the Calendar year 2024)
These dates may change as per official government announcements.
- Independence Day/New Year's Day - 1st January
- Heroes' Day/Ancestors' Day - 2nd January
- Carnival - 12th February
- Ash Wednesday - 14th February
- Good Friday - 29th March
- Labor and Agricultural Day - 1st May
- Flag and University Day - 18th May
- Corpus Christi - 30th May
- Assumption Day - 15th August
- Death of Dessalines - 17th October
- All Saints' Day - 1st November
- All Souls' Day - 2nd November
- Battle of Vertieres - 18th November
- Christmas Day - 25th December
Public Holidays (for the Calendar year 2025)
These dates may change as per official government announcements.
- Independence Day/New Year's Day - 1st January
- Heroes' Day/Ancestors' Day - 2nd January
- Carnival - 4th March
- Ash Wednesday - 5th March
- Good Friday - 19th April
- Labor and Agricultural Day - 1st May
- Flag and University Day - 18th May
- Corpus Christi - 19th June
- Assumption Day - 15th August
- Death of Dessalines - 17th October
- All Saints' Day - 1st November
- All Souls' Day - 2nd November
- Battle of Vertieres - 18th November
- Christmas Day - 25th December
Taxes for Employers in Haiti
In Haiti, employers are required to pay various taxes, including:
- Social security tax: Employers must contribute to Haiti's social security system. The rate of social security tax is 6% of an employee's gross salary.
- Maternity and sickness insurance: Employers contribute 3% to this insurance.
- Occupational accident insurance: Employers active in the commercial sector contribute 2% to occupational accident insurance.
Taxes for Employees in Haiti
Various taxes paid by employees in Haiti are:
- Social Security contribution/National Old Age Insurance: 6% is the employee contribution.
- Maternity and sickness insurance: Employees' contribution is 3%.
- Payroll tax: An employee has to contribute 2% towards the payroll tax.
- The income tax: The rate of income tax for employees is based on a progressive scale ranging from 0% to 30%
- 0% for those earning up to 60,000 HTG per year
- 10% for the earning between 60,001 HTG and 240,000 HTG per year
- 15% for the earning between 240,001 HTG and 480,000 HTG per year
- 25% for the earning between 480,001 HTG and 1,000,000 HTG per year
- 30% for those earning more than 1,000,001 HTG per year
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Probation in Haiti
In Haiti, the Labor Code mentions a probation period of 3 months.
Termination in Haiti
In Haiti, employment can be terminated for various reasons:
- Mutual agreement between the employer and employee.
- Termination for cause, such as serious misconduct or violation of the company's policies and rules.
- Expiration of a fixed-term contract or the completion of a specific project.
- Redundancy or downsizing of the company due to economic or business reasons.
- Health reasons or permanent disability of the employee.
- Retirement of the employee.
Severance Pay in Haiti
In Haiti, the law mandates that an employee who has completed at least one year of service with an employer is entitled to severance pay upon termination of employment.
- The amount of severance pay is equal to 15 days' pay for each year of service, up to a maximum of 8 years.
- If the employee has more than 8 years of service, the severance pay is capped at 120 days' pay.
- Severance pay is not required if the employee is terminated for serious misconduct or voluntarily resigns.
Employees or Contractors in Haiti
- In Haiti, an employee is defined as an individual who works for an employer and is paid a salary or hourly wage. They are subject to the direction and control of the employer and are entitled to benefits such as health insurance, vacation time, and sick leave.
- A contractor, on the other hand, is a self-employed individual or business entity that provides a service or product to a client under a contract. They are not considered employees and are responsible for their taxes and benefits.
- Misclassifying employees and contractors in Haiti can lead to significant fines. According to the Haitian Labor Code, employers who classify employees as independent contractors are subject to fines of up to 10,000 gourdes per employee. Additionally, employers may be required to pay back wages, overtime, and other benefits due to misclassification. In some cases, criminal penalties may also be imposed
Final Words
In conclusion, Haiti has a developing economy and a young labor force. The country has several labor laws in place to ensure the rights and benefits of employees. The country also has a diverse range of industries that offer employment opportunities, including agriculture, manufacturing, and tourism.
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Social Security in Haiti