60
58
-
Basic Access to Decent Work
60
80
60
25
60
75
60
80
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §35-1 of the Constitution d'Haïti, 1987; §136-138, 158 & 411 of the Haitian Labour Code, 1961 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §135, 138, 140, 142,143, 145, & 147 of the Haitian Labour Code, 1961 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §97 of the Haitian Labour Code, 1961; §4 of the Law on the Organization and Regulation of Work, 2017 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §35(1) of the Constitution d'Haïti, 1987; §119 of the Haitian Labour Code, 1961 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §2 & 7 of the Law on the Organization and Regulation of Work, 2017 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §95-98, & 332 of the Haitian Labour Code, 1961 ; §1-5 of the Law on the Organization and Regulation of Work, 2017 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §98 the Haitian Labour Code, 1961 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §107 & 117 of the Haitian Labour Code, 1961; §3 of the Law on the Organization and Regulation of Work, 2017 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §275, 275-1 & 275-2 of the Constitution d'Haïti, 1987; §108-112 of the Haitian Labour Code, 1961 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §35-1 of the Constitution d'Haïti, 1987; §123, 124, 128, 129, & 130 of the Haitian Labour Code, 1961 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §13-25 of the Haitian Labour Code, 1961 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §17 of the Haitian Labour Code, 1961 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §75(e) of the Haitian Labour Code, 1961 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §41-46, 49 & 50 of the Haitian Labour Code, 1961 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located in the law | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located in the law | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §331 of the Haitian Labour Code, 1961 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No prohibitions located in the law. | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §322-, 323, & 324 of the Haitian Labour Code, 1961 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §320 & 321 of the Haitian Labour Code, 1961 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §320 & 321 of the Haitian Labour Code, 1961 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §326 and 330(b) of the Haitian labour Code, 1961 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §440, 441 & 447 of the Haitian Labour Code, 1961 | No Change |
| Does the law require employers to train workers on health and safety Issues? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §328 of the Haitian Labour Code, 1961 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Law creating the Social Insurance, 1967; ISSA Country Profile of Haiti | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §183-189 of the Law creating the Social Insurance, 1967 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §190 & 192-196 of the Law creating the Social Insurance, 1967 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §130, 131 & 133 of the Haitian Labour Code, 1961 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §185- 188 of the Law creating the Social Insurance, 1967 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §35-1 of the Constitution d'Haïti, 1987; §135 & 317 of the Haitian Labour Code, 1961 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §307, 308, 309 & 312 of the Haitian Penal Code, 2020 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §35-2 of the Constitution d'Haïti, 1987; §3 & 50 of the Haitian Labour Code, 1961 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §35 of the Constitution d'Haïti, 1987 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Law creating the National Old-Age Insurance, 1967; ISSA Country Profile of Haiti | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §10, 335-340, Haitian Labour Code 1961; §10, Law Organizing & Regulating Labour 2017 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §23 of the Decree on the Reorganization of the Haitian Education System, 1982 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §333–336, Labour Code, 1961; §2, Act on the Prohibition & Elimination of All Forms of Abuse 2003 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4, Labour Code, 1961; §1 & 11 of the Anti-Human Trafficking Act, 2014 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| 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, 68, 225-233, 236, 239, 245, 246, and 251 of the Haitian Labour Code, 1961 | No Change |
| 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 | No Change |
| Does the law provide the right to strike? | No | 0 | §35(5) of the Constitution of Haiti 1987; §190 & 203-210 of the Haitian Labour Code, 1961 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §50 of the Haitian Labour Code, 1961;USDOS CRHRP 2023 (Haiti) | No Change |