Labor law in Haiti

The main legal basis is the Code du travail, supplemented by the Decree of 24 February 1984, the law of 5 June 2003, the law of 11 September 2017 on three-shift work, and the minimum-wage order of 6 May 2026. The framework described here is national; no separate regional or municipal rule is identified for these matters. Public employees, municipalities and state enterprises follow separate public-service arrangements rather than the Tribunal du travail system. A work relationship exists when a worker performs manual or intellectual work under the control or dependence of an employer for remuneration. The contract may be express or implied, verbal or written, for a fixed or indefinite period. A worker cannot waive statutory rights, and forced labor, discrimination and unequal pay for work of equal value are prohibited. Recruitment agencies require authorization, and placement services for workers are free. A livret de travail, or work booklet, is generally required before salaried employment begins. Exceptions include certain management or administrative positions, family workshops, domestic workers and diplomatic or international staff. A written contract should be in French and made in two originals. It identifies the parties, identity documents, the livret de travail, workplace, duties, working time, wage, start date and signatures. An internal work regulation requires MAST approval when an establishment has at least 10 permanent workers and must be displayed for 15 days. MAST is the ministry responsible for social affairs and labor; the Direction du travail or Direction de la main-d’œuvre handles work booklets, registration, inspection, mediation and referrals to arbitration. Workers must follow the agreed schedule, work diligently, comply with lawful instructions, protect confidential information and compensate losses caused by their own fault. Employers must provide safe and hygienic premises and equipment, pay the full wage on time and treat workers respectfully. Force majeure or a shortage of raw materials can lead to suspension, but the employer must notify the Direction du travail. A suspension lasting more than 30 days may allow termination by the worker, subject to a possible extension of up to one month by the Direction du travail. The ordinary working-time rule is 8 hours per day and 48 hours per week. The three-shift law treats 24 hours as three eight-hour shifts. Workers receive at least one paid 30-minute break. Night work is voluntary and carries the same wage as day work. Overtime is paid at 50% above the normal rate and must be recorded. The 2017 law repealed the former Code provisions on weekly rest, and it does not set out an equivalent 24-hour weekly rest rule; the earlier rule of 24 hours after six days should therefore not be presented as confirmed current law without verification. From 6 May 2026, the statutory minimum wage is set per eight-hour day by segment: 1,000 HTG for segment A; 900 HTG for segment B; 760 HTG for segment C; 500 HTG for domestic workers in segment E; 1,000 HTG as the reference rate and 1,300 HTG for production in export industry segment F; 925 HTG for private security and petrol activities in segment G; and 900 HTG for private vocational schools and private health institutions with more than 10 employees and inpatient services in segment H. Segment D is not listed in the available order, so the correct classification should be verified. Minimum-wage adjustments use CSS reporting and may respond to living costs or IHSI inflation of at least 10% in a fiscal year. Wages must be paid in legal tender. In-kind payment is narrowly limited, and deductions for advances or damages may not exceed one sixth of the wage. The annual boni, paid between 24 and 31 December, must be at least one twelfth of annual wages. A wage claim has first-ranking privilege after a judgment. After one year of service, annual leave is at least 15 consecutive days, consisting of 13 working days and two Sundays. Certified illness gives 15 paid days per year. Maternity leave lasts 12 weeks, including six weeks after birth; OFATMA, the public body handling work accidents, sickness and maternity coverage, pays where the worker is insured, while a transitional rule places six weeks on the employer where the worker is not covered. A nursing worker receives either two paid 30-minute breaks or one paid 15-minute break every three hours. An employer should move a pregnant worker when the existing work creates a health risk. Employers must maintain hygiene and safety measures. Establishments with at least 20 workers require a medical service, and those with more than 200 permanent workers require a dispensary. Every establishment needs first-aid supplies. OFATMA’s health card should be obtained within three months, with the employer paying the cost. Labor inspectors can conduct unannounced daytime or nighttime inspections, inspect registers and documents, and order immediate measures against danger. Their official report remains effective unless disproved. Workers may join a union freely, and an employer cannot require union membership. A worker union needs at least 10 members, while an employer union needs at least five. Registration with the Direction du travail must occur within 60 working days. Collective agreements may be concluded by a union or authorized worker representatives. An employer may not dismiss, suspend, demote or reduce the wage of a worker because of union activity. A lawful strike requires at least one third of the workforce and at least five workers, must concern common interests and must follow the Code’s formalities. A rotating or intermittent strike, called grève perlée, is limited to 24 hours and includes a one-hour warning or work stoppage. Strikes are prohibited in utility services, and the Conseil supérieur d’arbitrage deals with strikes and lock-outs. Employment can end when a fixed period expires, the agreed work is completed, a contractual ground occurs, the worker dies or force majeure applies. The parties may also agree to end the contract or one party may terminate it. After more than three months of service, notice is 15 days for three months to one year, one month for one to three years, two months for three to six years, three months for six to ten years and four months after ten years. Immediate termination requires notice compensation. A worker may leave without liability when the employer breaches wage, safety or legal duties. An employer needs just cause, such as violence, a property offense or loss, three consecutive days of unjustified absence, four unjustified absences in one month or another serious duty breach. Dismissal because of opinion, union activity, religion, social or political activity, sex or race is abusive; damages can reach up to 12 months of wages. A transfer of the business preserves the contract, and the new employer remains responsible for earlier obligations. The employer must provide a free certificate of employment on request. Wage and other employment claims generally have to reach the Direction du travail within six months after the contract ends or payment is withheld. Mediation or conciliation is compulsory. The worker may act directly, through a union or through a specially authorized representative. The first summons should be issued within 24 hours, and collective conciliation may last up to eight days. A settlement is written down; if conciliation fails, the record goes to the Comité d’arbitrage or the Tribunal du travail. For an acknowledged wage claim, the tribunal can issue an order to pay on the Direction du travail’s application. Workers do not pay court, registration or copying fees in the labor proceedings, and free legal aid is available on request. Hearings are public and summary; judgment follows within three days of the hearing and the written copy within 48 hours. Awards for wages, leave, the boni and notice benefits are provisionally enforceable, while appeals are generally limited to cassation on narrow legal grounds. Informal employment, limited institutional capacity and the security situation can make access and enforcement difficult even when a formal remedy exists.