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:
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:
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).
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.
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.
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.
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