Employer in Haiti

Directors, managers and administrators act as representatives of the employer. The Code du travail applies to agriculture, industry and commerce. A company must maintain internal work rules, called règlement intérieur, covering working hours, breaks, types of pay, payment place and date, discipline, complaints and worker categories. These rules form part of the employment relationship, and a clause that gives workers less protection than the law is ineffective. If the Ministère des Affaires Sociales et du Travail, known as MAST, requests an amendment, the employer generally has no more than 15 days to make it. A written employment contract is prepared in French in two originals. It normally identifies the worker's identity, age, nationality, occupation, livret de travail, workplace, hours, duties, pay, start date and signatures. A livret de travail is the official work booklet used to record employment information. An oral contract can still be proved through other evidence, but the employer must report the worker's entry and job changes to the Direction de la main-d'œuvre. A minor may work only with authorization from the Direction du travail and under conditions compatible with age and schooling. Apprenticeship contracts use three copies, must be deposited within 15 days, and may last up to three years. The employer must provide occupation-specific training, must not use the apprentice mainly for unrelated household work, must report the end of the apprenticeship and must issue a certificate. The employer must provide suitable, hygienic, safe and functional premises, machines and tools. Workers must receive respectful treatment without verbal or physical mistreatment. Wages must be paid in full and on time under the contract. Internal wage payments may not be more than 15 days apart for manual work or more than one month apart for intellectual work. The normal baseline is eight hours per day and 48 hours per week. A 2017 rule allows continuous business operation over 24 hours through three eight-hour shifts. Breaks must last at least 30 minutes and are paid, and overtime is paid at an additional 50%. Night work is voluntary. Employers must display working-time and break schedules and provide suitable hygiene, sanitation and eating facilities. Industrial workplaces also require fire protection, trained machine operators, toilets and washing or shower facilities. A remote workplace may require employer transport, and an isolated site may require modest accommodation. The published 8-hour wage rates from the 6 May 2026 arrêté vary by sector. They are HTG 1,000 for segment A, HTG 900 for segment B, HTG 760 for segment C, HTG 500 for domestic workers in segment E, HTG 1,000 for export industry and HTG 1,300 for production in segment F, HTG 925 for security and petroleum in segment G, and HTG 900 for private vocational schools and private clinics with more than ten employees in segment H. No rate is stated for segment D in the available fact sheet. The employer should verify the applicable rate when preparing each payroll because the sector classification and current decree determine the amount. The employer withholds payroll tax for the Direction Générale des Impôts, or DGI, and declares and pays it by the 15th of the following month. The DGI rules also specify 10% treatment for bonuses and overtime and require a certificate for the worker. The employer separately pays a 2% payroll tax, taxe sur la masse salariale, by the 15th of the following month, with penalties and late-payment interest for non-compliance. OFATMA provides compulsory protection for work accidents, sickness and maternity. Registration requires the E1 form, the business patente, and a complete employee list showing each worker's NIF, monthly wage and position; the filing is due within eight days. OFATMA may provide treatment after an accident and a benefit equal to two-thirds of wages during incapacity under its applicable rules. The employer alone pays the work-accident contribution: 2% for commerce, 3% for agriculture, industry, construction, shipping and export, and 6% for mining. Private-sector employees must also be registered with ONA, the national old-age insurance body. The worker contributes 6% of wages and the employer contributes another 6%, for a combined 12%. ONA may inspect and request payroll or accounting records. The employer must report recruitment and termination and keep payroll and insured-person registers for at least five years. The employer must prevent workplace risks. The Inspection du travail may order immediate protective measures when it finds an immediate danger. After a work accident, the employer should reintegrate the worker into the same position within one year. If that is not possible, an appropriate alternative position should be offered according to the available work. These safety duties also apply in export-processing and free-zone workplaces. Employers may form or join an employer union, syndicat d'employeurs, or an employer organization. A syndicat d'employeurs requires at least five members and registration with the Direction du travail within 60 working days. An organization patronale can represent employers collectively. ADIH is a private, nonprofit employer association with particular relevance for industry, agro-industry, services and export or textile businesses. CCIH is a private-sector chamber with cross-sector representation. Both are voluntary private bodies, not government employer authorities. A collective agreement may be concluded by one employer, several employers or an employer organization with a union or authorized workers. It must be written in French, registered within eight days and published within ten days. It applies to all workers in the covered establishment. If two-thirds of unionized workers request one, the employer must conclude a collective agreement. The employer may not block union membership through dismissal, suspension, demotion or wage reduction. Individual and collective wage or performance disputes first go through mandatory mediation by the Direction du travail. A claim generally has a six-month period from the end of the contract or from non-payment. The first summons should be issued within 24 hours, and the authority may investigate or visit the workplace. If mediation fails, the dispute can proceed to the Tribunal du travail. The employer or representative must provide information during an inspection; obstruction can trigger criminal or financial consequences. During conciliation or arbitration, the parties may not retaliate. A strike or lock-out must follow the Code du travail, and an illegal lock-out can require reopening the workplace and paying lost wages. Subcontracting does not automatically remove employer responsibility. A sous-entrepreneur or intermediary operating with the main contractor's resources, direction or control may be treated differently from an independent employer using its own means. A client can remain liable when it authorized or accepted the intermediary's work. When ownership changes, existing employment contracts continue. A buyer that acquires at least 50% of a business's assets and continues the same activity can become liable for earlier statutory and contractual obligations. Short-term suspension caused by a raw-material shortage without employer fault or by force majeure requires immediate notification to the Direction du travail, and the party reporting the event must prove the grounds. Employers in Haiti also face practical risks that affect staffing and continuity, including violence, supply-chain disruption, security expenses, closure, resignations or worker departure, looting and vandalism. Formal registration through the employment contract, Direction de la main-d'œuvre, OFATMA, ONA and DGI creates clearer records and access to protections, while informal arrangements often leave workers outside effective social protection and enforcement. The local availability of MAST, OFATMA and ONA offices should be checked before filing or responding to a dispute because there is no separate city or administrative-region rule in the available national research.