LABOUR RIGHTS INDEX 2022

Trade Union
Indicator
Trade Union
Countries
LRI 2022
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lri 2022 Country Profiles

Haiti

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Haiti’s overall score is 58 out of 100. The overall score for Haiti is lower than the regional average observed across Latin America and The Caribbean (71). Within the Latin America and The Caribbean region, the highest score is observed for Paraguay (82.5).

Haiti ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1979 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Labour Rights Index 2022

58/100

LRI Country Score

0/100

Trade Union Indicator

4 %

Trade union density rate (%)

1.72 %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§35(3) of the Constitution of Haïti, 1987; §7, 50, 225-233, 236, 239, 245, 246, and 251 of the Haitian Labour Code, 1961

A

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§60-61, 65, & 68 of the Haitian Labour Code, 1961

A

Does the law provide for the right to strike?

No

0

§35(5) of the Constitution of Haiti 1987; §203-210 of the Haitian Labour Code, 1961; ITUC Global Rights Index 2022, Haiti Profile

A / C

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

USDOS CRHRP 2021

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation
§229 & 233 of the Haitian Labour Code, 1961

Article 229 Minors under the age of eighteen, prohibited persons and persons serving an
afflictive or infamous sentence cannot be part of a union.
Neither can the directors, managers, administrators of this company and the representatives of
the employer who exercise management and administrative functions in his name be members
of a union formed by the workers of a company
“Article 233 Minors under the age of eighteen may join trade unions with the
authorization of their parents or responsible persons. However, they cannot participate
in the administration or management of these associations.”

Violations

National Labour Legislation
§68 of the Haitian Labour Code, 1961

Article 68. When in a company two-thirds of the workers are affiliated to a trade union
association formed within the said company, the employer is obliged to conclude a collective
labor contract with the trade union if the latter so requests; likewise, the trade union is obliged
to conclude a collective contract with the employer if the latter so requests.

Violations

National Labour Legislation / ITUC Global Rights Index 2022
§206 of the Haitian Labour Code, 1961

Article 206. To be legal, the slow strike must not exceed twenty-four hours; the warning strike
and walkout, one hour; the sympathy strike is only authorized if the initial strike is legal.

ITUC Global Rights Index 2022, Haiti Profile

Undue restrictions for “public servants”
Strikes are illegal in public sector enterprises. Mediation is the only method available for resolving conflicts. If strikes occur, the Code allows the State to intervene and use force in order to re-open the enterprise.
________________________________
Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
Sections 171 to 205 of the Labour Code provide for a cumbersome procedure to resolve collective disputes which impedes trade unions from calling a strike while the matter is still before the public authorities.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

The law provides for the right of some workers, excluding public-sector employees, to form and join unions of their choice and to strike, with restrictions. The law allows for collective bargaining, stating that employers must conclude a collective contract with a union if that union represents at least two-thirds of the workers and requests a contract. Strikes are legal if, among other requirements, they are approved by at least one-third of a company’s workers. The law prohibits firing workers for union activities but is unclear whether employers may be penalized for each violation. The law sets very low fines for illegal trade union dismissals, however, and does not explicitly provide for reinstatement as a remedy.