Definitive Guide to Hiring in Haiti

Hiring in Haiti

Hiring employees compliantly in Haiti means doing it yourself or using an Employer of Record like Global Expansion. You should be careful using independent contractor agreements in Haiti so that you don’t run afoul of employment laws. To hire an employee compliantly and offer them mandatory benefits and compliant agreements, you can:

(a) Establish your own new legal entity, banking, accounting and payroll service in Haiti; or

(b) use an Employer of Record like Global Expansion who can handle all of the details for you.

Labor Laws in Haiti

Employee Probation Period

• Probationary period is of 3 months

Annual Leave in Haiti

• Any worker whose employment is permanent is entitled, after one year of service, to a paid leave of at least 15 consecutive days, including 13 working days and 2 Sundays

Holidays in Haiti

Maternity Leave Haiti

• Maternity leave is a paid leave of absence. 
• The duration of the maternity leave is set at 12 weeks, of which 6 weeks are currently being paid by the employer.
• The duration of the leave shall be six weeks before confinement and, necessarily, six weeks after confinement.

Paternity Leave Haiti

Sick Leave in Haiti

• The worker is entitled to a total of 15 days of sick leave per year without a reduction in salary.
• To benefit from this, the worker must submit a medical certificate from a company doctor or a Public Health Service.

Working Hours in Haiti

• Normal worktime is 8 hours per day and 48 hours per week.

Overtime in Haiti

• Overtime refers to any hours worked beyond normal working hours.
• They are paid with a 50% surcharge.
• These hours may not exceed 80 hours per quarter.

Termination of Employment in Haiti

The termination of the employment contract can be done in three ways:

• As a matter of law
  • Expiry of the period laid down in the contract
  • Completion of work in the case of contracts concluded for a specific work
  • Grounds for termination expressly stipulated in the contract
  • Death of the employee or duly proven case of force majeure
  • Complete and final closure of the enterprise as a result of the death of the employer
• By mutual consent of the parties
  • In the case of a verbal employment contract, this consent may be established in writing or given verbally in the presence of two witnesses.
  • When the contract is written, the cancellation must be confirmed in writing.
  • There shall be no liability for either party following the termination of the individual employment contract by mutual consent.
• By the will of one of the parties
• An employee who wishes to terminate his employment contract without any liability for himself shall inform the Directorate of Labor on one of the following grounds:
  • Failure to pay the full remuneration at agreed or customary dates and locations;
  • Verbal excesses, insults or threats on the part of the employer;
  • Intentional damage to the instruments or tools of work by the employer or his representative;
  • Presence of persons carrying contagious diseases if the worker is to remain in immediate contact with the affected person;
  • Threat to the safety or health of the worker due to lack of hygienic conditions in the workplace or failure to comply with preventive and safety measures prescribed by law.
  • Breach of obligations imposed on the employer by contract or by law

Notice Period in Haiti

• The employer or the employee who wishes to terminate the written employment contract must first give written notice to the other party.
• This notice may be given verbally in the presence of two witnesses in the case of a verbal contract.
• The notice is compulsory only for employees who have provided at least three consecutive months of work with the employer.
• The notice period will be determined as follows:
  • 15 days’ notice period for an employment period of 3 to 12 months
  • 1-month notice period for an employment period of 1 to 3 years
  • 2-month notice period for an employment period of 3 to 6 years
  • 3-month notice period for an employment period of 6 to 10 years
  • 4-month notice period for an employment period of 10 or more years

Severance in Haiti

• Severance pay is follows: -
  • Half a month’s wage for an employment period of 3 to 12 months
  • One month’s wage for an employment period of 1 to 3 years
  • Two month’s wages for an employment period of 3 to 6 years
  • Three month’s wages for an employment period of 6 to 10 years
  • Four month’s wages for an employment period of 10 or more years

Haiti Salary and Wages

13th / 14th Month salary in Haiti

• Yes (Mandatory)
• There is a statutory requirement to pay the 13th.
• Employers are obliged to pay that between the 24th and 31st of December.
• There is no evidence that the 14th salary is mandatory.

• Employers in Haiti are required to submit monthly
• Social security contribution of 6% of their employees’ gross salary to the Haiti Retirement Insurance Office (ONA)
  • The rate of the ONA contribution is fixed at 12% of the base salary of which 6% are paid by the employee and 6% by the employer
  • Health insurance contribution of 3%
• The contribution rate is fixed at 6% of the employee’s basic salary, half of which is paid by the employer and the other half by the insured.

Immigration Haiti

• Nationals of the following countries require a visa to enter Haiti.
  • Dominican Republic
  • Panama
  • Columbia
  • Cuba
  • Syria
  • Libya
  • Iran
  • Vietnam
  • Yemen
• Every person who travels with a non-Haitian travel document and who intends to work in Haiti is required to obtain a Work 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.
• This includes missionaries, teachers, businessmen, retirees and students.
• Individuals requiring a visa must apply at least one (1) month before their date of departure and provide the following supporting documents:
  • Duly completed and signed Application Form;
  • Two (2) passport-sized color photos;
  • Letter explaining the reason and length of stay, as well as providing references in Haiti;
  • Name, address, and telephone number of the hotel or hotels where the applicant will be staying; or alternatively, the name, address, and telephone number of the friend or friends with whom the applicant will be staying;
  • Valid passport;
  • Photocopy of round-trip booking confirmation or ticket; and
  • Letter from the applicant’s current employer.
• The fee for a visitor or tourist visa is US $25.00.
• This type of visa is valid for three (3) months with only one entry into the country.
• Immigrant or residence visas confers the right to permanent residence in Haiti without prejudice to deportation (see Article 15 of the Law on Immigration and Emigration).
• The application form for an immigrant visa must be submitted in three (3) copies and include the following information:
  • The name(s) of the applicant;
  • The date and place of birth;
  • Applicant’s current nationality and nationality of origin;
  • His or her present profession or occupation, and in the past ten (10) years;
  • Applicant’s current address;
  • The name(s), current nationality and nationality of origin of applicant’s father and mother;
  • If the person is married, name(s), occupation and nationality of the spouse before marriage;
  • The reasons why the applicant wants to go to Haiti and the length of stay in Haiti;
  • Applicant’s proof of income and bank statements;
  • Applicant’s diplomas or certificates of technical knowledge along with an employment contract;
  • Information on the people in Haiti whom the applicant knows and for how long, and also the associations to which the applicant is or was a party;
• In addition, to the above information, the applicant must also provide the following supporting documentation:
  • Six (6) passport-sized color photos of the applicant and family members who will accompany the applicant to Haiti.
  • A certificate from legal authorities in the applicant’s place of residence stating that during the past ten (10) years, the applicant has not been convicted of a felony or misdemeanor offense.
  • A health certificate, issued within fifteen (15) days prior to the visa application.
• Once the duly completed residence application has been submitted to the Consulate or Embassy, the applicant must wait for a notice of approval from the diplomatic or consular agent before traveling to Haiti.

Value Added Tax (VAT) in Haiti

• The Value Added Tax (VAT) in Haiti is levied at a standard rate of 10%

Mandatory Benefits in Haiti

• These are mandatory benefits as postulated by law
• These include probationary period, annual leave, public holidays, sick leave, maternity leave, overtime pay, notice period, and severance pay
• Statutory benefits also include social security benefits

Payroll Accrual in Haiti

Country Accruals Additional Information

Description

Notice periods before termination depend on the duration of a workers’ employment. Notices are only compulsory for employees with more than three months of service.

Payroll Accruals Additional Information

Accrued Benefits in Haiti

Why use Global Expansion to hire in Haiti

Establishing a branch office or subsidiary in Haiti can be time-consuming, expensive and complex. With such a robust labor market in place, one must pay great attention to detail when structuring employment because Haiti labor laws are complex.

The company also has a responsibility to comply with specific employment practices dictated by Haiti law to maintain its good standing as an equal opportunity employer.

Global Expansion makes it easy for you to expand into Haiti. We'll help you hire your candidate of choice, handle HR matters and payroll, and ensure that you comply with local laws without the burden of setting up a foreign branch office or subsidiary. In addition, you'll have complete control and direction over your employees.

We enable you to stay in control of everything. Our Haiti Global Professional Employer Organization (PEO) and Employer of Record (EOR) solution provides you with peace of mind to focus on running your company and the security to enter new markets.