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.
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.
Weekly Rest/ Break
It consists of twenty-four (24) paid hours off (Sunday) after a period of six (6) consecutive working days in a week.
Night shift is work that is completed or conducted from six (6) PM to six (6) AM. The remuneration of working at night is 50% higher than the amount paid during the day.
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).
The worker is also entitled to (15) days of sick leave per year without loss of pay. However, to qualify, it must submit a medical certificate issued by the doctor or a Public Health Service. Sick leave is not cumulative, it is the same as annual leave.
Women that are pregnant are entitled to maternity leave of six (6) weeks paid, which can be up to three (3) month paid through the satisfaction of certain conditions.
The holidays account for about twelve per year. If the employee must work on a holiday, he is paid a 50% increase, notwithstanding the increase for night work, overtime and payment of weekly rest.
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.
In the event of labor dispute, the Department of Labor Ministry of Social Affairs, as soon as informed of the dispute, asked the Department of Labor Inspection to conduct an investigation to determine the causes. It uses, if any, in the Department of Conciliation and Arbitration, which in case of non-conciliation, shall refer the request of the parties, the case-court work.
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.
Social Protection of Workers
The social protection of workers includes pension insurance, health insurance, maternity insurance, insurance against accidents at work, health card, the legal benefits in cases of unfair dismissal, etc..
Summary of Social Obligations:
Any company operating in Haiti must assume certain payroll taxes, including:
a) The annual bonus, or one twelfth of the total annual compensation, payable between 23 and December 31 of each year.
b) The annual leave of fifteen (15) paid days in which all workers are entitled;
c) The payroll tax used to finance vocational training of workers in companies, the sole responsibility of employers and payable on or before the 10th day of each month, 2% of wages paid monthly by the company;
d) The maternity leave of six (6) weeks paid which the pregnant woman is eligible;
e) Health cards the sole responsibility of the employer and mandatory for any worker within three (3) consecutive months by hiring 150 workers gourds from January 1997.
f) The sick leave of fifteen (15) days with pay, which can run up to three (3) months, upon presentation of a medical certificate from a Public Health Service or the company doctor.
g) The medical department of the company the sole responsibility of the employer;
h) Insurance against accidents, sickness and maternity, the sole responsibility of the employer, 2% of wages paid for the business sector, 3% for agricultural, industrial, construction and agencies shipping lines, 6% for mining companies;
i) Old-age insurance and disability payable monthly in equal parts by the employer and the worker 2-6% each, according to salary levels, etc.