Laws and Policies in Haiti

Employment Contracts in Haiti

All employment relationships must comply with the Haitian Labour Code.

Contract Requirements

Employment contracts should be in writing and include:

• Employer and employee details
• Job title and responsibilities
• Work location (office, field, remote)
• Salary and payment frequency
• Working hours and overtime terms
• Leave and benefit entitlements
• Type of contract (fixed-term or indefinite)
• Probation period (if applicable)
• Termination conditions and notice periods

Types of Contracts

• Indefinite-term contracts – most common
• Fixed-term contracts – for projects, seasonal work, or donor-funded assignments
• Part-time or temporary agreements

Probation Period

Typically up to 3 months, depending on job role.

An EOR ensures your contracts follow all legal requirements and Haitian employment standards.

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Working Hours in Haiti

• Standard workweek: 48 hours
• Typical schedule: 8 hours/day, 6 days per week

Overtime

• Work beyond standard hours must be paid at an increased rate, often 1.5× normal pay
• Work on Sundays or holidays is usually compensated at double pay

Rest Periods

• Employees must receive one rest day per week, typically Sunday.

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Employee Leave in Haiti

Annual Leave

After one year of service, employees receive:

• 15 days of paid annual leave

Longer tenure may increase entitlement depending on employer policy or collective agreements.

Sick Leave

• Employees are generally entitled to sick leave with pay upon presentation of a medical certificate
• Extended illness may be partially covered under social insurance programs, depending on eligibility

Maternity Leave

• Female employees receive 12 weeks of maternity leave
• Maternity pay is supported by a combination of employer payments and social security contributions

Paternity Leave

• Not explicitly mandated, but employers commonly offer a few days of paid leave

Public Holidays

Haiti observes numerous national and religious public holidays.
Employees working on these days typically receive premium pay or compensatory time off.

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Employee Benefits in Haiti

Social Security – OFATMA & CNSS

Employers must register employees with:

• CNSS (National Office of Old Age Insurance)
• OFATMA (Office of Occupational Accident, Sickness, and Maternity Insurance)

Contribution Structure

• Employer contributions: cover pensions, maternity insurance, and occupational accident insurance
• Employee contributions: deducted from salary for pension and social protection programs

These programs provide:

• Retirement and survivor benefits
• Workplace injury and accident coverage
• Maternity benefits
• Limited sickness benefits

Additional Benefits (Common in Competitive Sectors)

• Private medical insurance
• Transportation allowance
• Meal stipends
• Housing or hardship allowances
• Life and accident insurance
• Professional development support

An EOR helps structure benefits that meet statutory requirements and local market expectations.

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Payroll & Tax in Haiti

Payroll Currency

• Salaries are paid in Haitian Gourde (HTG)
• Some expatriate contracts may be paid in USD

Payroll Cycle

• Typically monthly, paid at month-end

Income Tax

Haiti applies a progressive income tax system.
Employers are responsible for:

• Withholding PAYE (Pay-As-You-Earn) income tax
• Remitting employee contributions to CNSS
• Paying employer social security and insurance contributions

Employer Payroll Duties

• Register as an employer with CNSS and OFATMA
• Calculate and remit all payroll deductions
• Issue payslips and maintain proper records
• File periodic tax and social declarations

An EOR manages all payroll compliance and filings.

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Employment Laws & Compliance in Haiti

Key legal obligations include:

• Providing a written employment contract
• Respecting working-hour limits and overtime rules
• Ensuring safe working conditions (especially in field operations)
• Administering leave and benefits properly
• Following proper termination procedures

Termination & Severance

Employees may be entitled to:

• Notice, depending on seniority
• Severance pay, particularly in cases of termination without cause
• Payment of unused annual leave and outstanding wages

Improper termination can result in legal penalties.

Non-Discrimination

Employers must prevent discrimination based on:

Union membership

Gender

Race or ethnicity

Religion

Disability

Social origin

Political opinion