Summary of Labor Code
Work relationships are established and regulated by special legislation of the “Labor Code of 1984”. The Ministry of Social Affairs is responsible for enforcing the provisions of this legislation and to maintain a climate of trust between management and workers.
READ MORE @ AmChamHaitiWorking Hours
In all agricultural, industrial and commercial establishments, normal working day is eight (8) hours per day and forty eight (48) hours per week. However, the parties may also agree on a another regular working (weekly) schedule. When employees/workers work beyond the normal working hours, those hours are considered overtime and are therefore paid for with an increase of 50% over regular pay.
The Labor Code provides for annual leave of at least fifteen (15) days per year (thirteen days and two Sundays). In the case of irregular employment, annual leave is calculated on the basis of the number of working days available including weekends and holidays divided by twenty-four (24).
Unions and Collective Bargaining
Haitian law recognizes and protects freedom of association. It gives workers the right to organize unions and negotiate collective agreements eventually. Such agreements are possible between workers and employers when two thirds (2 / 3) of the workers of a company owned by a single union. Negotiations become mandatory if the employer or the union on request. In addition, strikes are legal provided they are first passed by one third (1 / 3) at least for workers of the company.
All workers are entitled to a Haitian minimum wage by law which is set at 240 Gourdes (as of May 2015). The Haitian worker also receives at the end of the calendar year, particularly in the last week of December, an additional salary or bonus.
Foreign Labor Force
No foreigner may engage in a trade or profession of any kind whatsoever on a for-profit basis, whether as a self-employed person or as an employee, if he is not previously provided with a work or employment permit issued by the Manpower Directorate. However, the foreign operator and the personnel of foreign nationality working in a free enterprise are exempted from the foreigner’s license and employment permit. The employment permit may not be granted for more than one year; it is renewable up to five consecutive years at the discretion of the Manpower Directorate.
READ MOREArbitrary and Illegal Termination
Any breach of employment contract motivated by the opinions of the worker, his/her trade union and religious activities, his/her membership in an authorized social, literary, political, artistic or sports association, his/her sex, his/her race is abusive.
In the event of an unlawful and/or abusive termination of the employment contract by one of the parties, the injured party shall be entitled to damages, separate from the indemnities granted for non-observance of the notice. Such damages shall be awarded by a judgment of the Labor Court at the request of the Directorate of Labor; they must be justified and must in no case exceed an amount equivalent to 12 months of the worker’s wages.