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Written Agreements

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.

Oral Agreements

The Labor Code of Haiti allows oral contracts and has a provision for resolving disputes over salary and wages in a verbal agreement. If there is no available proof stipulating the wages, the employee's salary is required to be equal to the rate of other employees in the same region who do the same or similar work. All forms of proof are accepted to establish the existence of the verbal contract.

An employer or employee who wishes to terminate an oral contract may do so by giving verbal notice in the presence of 2 witnesses. Notice is only required if the employee has completed at least three consecutive months of service with the employer.

Implied Agreements

The Labor Code of Haiti allows for "tacit" contracts but does not state rules that specifically govern them. A contract of employment binds both what is expressed therein and what results from it according to good faith, equity, usage, custom, or law. The law provides a mechanism for resolving disputes over salary and wages in contracts that are not written. If there is no available proof stipulating the wages, the employee's salary is required to be equal to the rate of other employees in the same region who do the same or similar work.

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.

• 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

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.

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
• 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

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.

Minimum Wage

In Haiti, the Ministry of Social Affairs determines the minimum wage. The daily minimum wage, effective February 20, 2022, represents a range based on an industry type. There are seven types (segments), and depending on the segment, the daily minimum wage may range from HTG 350 (Haitian gourdes) for domestic personnel in Segment E to HTG 770 for professions represented in Segment A, which include jewelry stores, doctor's offices, and telecommunications.

The Labor Code also requires employers and employees to agree on a pay frequency. It adds that the wages for manual laborers should be paid within 15 days of each other, while those of intellectual laborers should not be more than a month apart. Salaries must be paid on a working day and at the workplace.

Overtime, Holiday & Vacation Pay

The Labor Code requires a 50% pay increase for time worked over the standard 48-hour workweek.

Industrial workers may not exceed 80 hours of overtime per quarter or 3 hours per day. Commercial workers may work no more than 120 overtime hours per year. Employees engaged in night work (6:00 PM to 6:00 AM) are also due at least a 50% pay increase, as are those who work on a weekly rest day or public holiday.

Workers must also be paid their regular salaries while taking annual leave.

Visas

Haiti issues the following types of visas:

• Visitor or tourist visas - valid for three months, with only one entry
• Diplomatic visas - issued on diplomatic or official passports and United Nations Laissez-Passer, at the request of the institution for which the applicant works
• Immigrant or residence visas - for permanent residence in Haiti without prejudice to deportation

Work Permits

Foreign nationals who wish to work on Haitian territory must possess either a work permit (for foreigners who practice a trade or profession) or an employment permit (for work intended for ordinary employees).

These documents are issued by the Directorate of Manpower (DMO) of the Ministry of Social Affairs and Labor (MAST). The permits can not exceed 1 year and may be renewed with the approval of the DMO in the following manner:

• Up to 5 years for employment permits
• Indefinitely for work permits