Employer of Record Guide in 

Haiti

Vacation Leave

• Entitlement: 15 working days per year after 12 months of continuous service
• Accrual: Earned monthly (1.25 days per month)
• Payment: Must be paid at regular salary rate
• Timing: Can be taken after 12 months of service
• Payout: Must be paid out upon termination

Sick Leave

• Duration: Up to 15 days per year with medical certificate
• Payment:
  • First 15 days: 60% of salary paid by employer
  • Extended illness: May qualify for social security benefits
• Documentation: Medical certificate required after 3 consecutive days

Maternity Leave

• Duration: 12 weeks total (6 weeks before birth, 6 weeks after)
• Payment: 60% of salary for first 6 weeks, unpaid for remaining weeks
• Job Protection: Position must be held during leave period
• Nursing Breaks: 1 hour per day for nursing mothers for up to 15 months

Paternity Leave

• Duration: 3 days paid leave
• Timing: Must be taken within 15 days of birth
• Payment: Full salary

Other Statutory Leave

• Bereavement: 3 days for immediate family members
• Marriage: 3 days paid leave
• Military Service: Unpaid leave as required by law

Summary

Termination Types

Termination With Cause:

• Immediate dismissal without notice or severance
• Must involve serious misconduct (theft, insubordination, abandonment)
• Employer must prove just cause

Termination Without Cause:

• Requires advance notice or payment in lieu
• Must comply with severance requirements

Notice Period Requirements

Notice periods based on length of service:

Severance Pay

In addition to notice, employees may be entitled to severance:

Probationary Periods

• Duration: Up to 3 months for most positions
• Extension: Can be extended to 6 months for technical roles
• Termination: Can be terminated without notice during probation

Final Pay Requirements

• Final pay must be issued within 8 days of termination
• Must include all accrued vacation pay and benefits
• Severance pay must be calculated based on average earnings over last 3 months

Anti-Discrimination Laws

Termination cannot be based on:

• Pregnancy or maternity leave
• Union membership or activities
• Filing labour complaints
• Race, religion, or political beliefs

National Holidays

Holiday Pay Rules

• Eligibility: All employees entitled to holiday pay
• Rate: Regular daily wage
• Working on Holidays: 2× regular rate plus holiday pay
• Substitute Days: If holiday falls on Sunday, Monday becomes the observed day

Required Documents

Employment Contract Must Include:

• Job title and description
• Salary and payment terms
• Working hours and location
• Probationary period (if applicable)
• Termination clauses
• Benefits and leave entitlements

Employee Documentation:

• National identification card or passport
• Tax identification number (NIF)
• Social security registration
• Bank account information
• Educational certificates (if required)
• Work permits (for foreign nationals)

Language Requirements

• Official Languages: French and Haitian Creole
• Contracts: Must be provided in French or Haitian Creole
• Workplace Communication: French is typically used in formal business settings

Work Permits for Foreign Nationals

Foreign employees require:

• Work Permit: Obtained from Ministry of Social Affairs and Labour
• Residence Permit: From immigration authorities
• Processing Time: 30-60 days
• Employer Sponsorship: Required for most work permits

Background Checks

• Criminal Background: Permitted with employee consent
• Reference Checks: Standard practice
• Educational Verification: Common for professional roles
• Credit Checks: Only for financial positions

Onboarding Timeline

Worker Classification

Employee vs. Independent Contractor:

• Employees: Work under employer control, receive benefits, covered by labour standards
• Contractors: Work independently, invoice for services, responsible for own taxes
• Misclassification Risks: Can result in penalties, back payments, and legal liability

Key Factors for Classification:

• Level of control by employer
• Integration into business operations
• Provision of tools and equipment
• Financial risk and opportunity for profit

Union Rights & Collective Bargaining

• Right to Organise: Protected under Haitian labour law
• Collective Agreements: Can override standard labour provisions
• Strike Rights: Legal with proper notice procedures
• Union Dues: May be deducted from payroll if authorised

Cultural Considerations

Communication Style:

• Formal and respectful approach preferred
• French used in business settings
• Personal relationships important in business

Work-Life Balance:

• Family obligations highly valued
• Religious observances respected
• Flexible scheduling may be necessary during cultural events

Remote Work Regulations

• Legal Framework: Limited specific remote work legislation
• Equipment: Employer typically responsible for providing necessary tools
• Health & Safety: Employer obligations may extend to home office
• Tax Implications: Remote work location affects tax obligations

Special Industry Considerations

Free Trade Zones:

• Special labour regulations may apply
• Different minimum wage rates
• Streamlined procedures for certain benefits

Agricultural Sector:

• Seasonal employment common
• Different minimum wage rates
• Special provisions for migrant workers

What Borderless AI Handles:

• Employment contract drafting and compliance
• Payroll processing in HTG
• Social security and tax registration
• Local labour law compliance
• Multi-language document preparation
• Government reporting and filings