COUNTRY

An employment contract in Haiti can either be written or verbal. Written employment contracts must be in French and original copies must be provided to both the employer and employee. The contract should specify:

• name, address and identity of the employer and employee,

• work hours,

• description of work,

• work location,

• salary,

• end date if for a fixed term, and

• signatures (or fingerprint and witness signatures for those who cannot sign).

The standard work period in Haiti is 48 hours a week, or eight hours a day over six days. Employees are entitled to a continuous rest period of 24 hours during the week. The maximum overtime allowed is two hours a day, 80 hours every quarter or 320 hours per year. Night work is between the hours of 6 p.m. and 6 a.m. Night work is limited to eight hours a day. Individuals 14 years of age or older may enter an apprenticeship to perform work in exchange for instruction and earn 40% of the minimum legal daily wage.

Employees in Haiti receive 15 days of paid sick leave a year after one year of service. Employees with less than one year of service are entitled to sick days on a prorated basis. Employees must provide a medical certificate.

Female employees receive 12 weeks of maternity leave in Haiti, with six weeks taken before the birth and six weeks taken after the birth. Maternity leave is extended if the birth occurs after the due date so that a full six weeks of leave is taken after the birth. Female employees receive 100% of their salary while on maternity leave paid through the Office of Workers’ Compensation Insurance, Maternity and Sickness (OFATMA). Female employees on maternity leave can only be dismissed for misconduct.

In Haiti, bonuses are common in the form of an additional month’s salary generally paid in the last week of December.

In addition to public holidays, employees in Haiti receive 15 days of paid leave, including 13 working days and two Sundays. Vacation days are not cumulative.

In Haiti, the public holidays are:

• New Year's Day/Independence Day

• Heroes’ Day/Ancestors’ Day

• Carnival/Shrove Tuesday

• Carnival/Ash Wednesday

• Good Friday

• Agriculture and Labor Day

• Flag Day/University Day

• Mother's Day

• Dessalines Day

• Vertières Day

• Christmas Day

Haiti offers healthcare through social security for its citizens via the Office of Occupational, Sickness and Maternity (OFATMA).

Employment in Haiti may be terminated at the end of a fixed term contract, by mutual consent, by the employer (with or without cause) or by the employee. Employers can terminate an employee without providing notice for threatening or abusive conduct, damage to property, unauthorized absence for three consecutive days or four days in a month, failing to follow accident prevention measures, lying about qualifications or imprisonment for more than one month or breach of contract. Employers must notify the Labor Department and provide the reason for dismissal. An employment contract can be terminated without notice by mutual consent. Absent cause or mutual agreement, employers must provide notice to the employee before terminating employment. The notice period is between 15 days and four months. There is no severance pay, but employers are required to pay employees throughout the notice period.