58
N/A
Basic Access to
Decent Work
40
80
60
25
60
75
60
80
100
0
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §35-1 of the Constitution d'Haïti, 1987; §136-138, 158 & 411 of the Haitian Labour Code, 1961 |
| Does the law require regular payment of wages? | Yes | 1 | §135, 138, 140, 142,143, 145, & 147 of the Haitian Labour Code, 1961 |
| Does the law require overtime compensation 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 |
| Does the law require 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 |
| Does the law require additional compensation for night work? | No | 0 | §2 & 7 of the Law on the Organization and Regulation of Work, 2017 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §98 the Haitian Labour Code, 1961 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §107 & 117 of the Haitian Labour Code, 1961; §3 of the Law on the Organization and Regulation of Work, 2017 |
| 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §13-25 of the Haitian Labour Code, 1961 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §17 of the Haitian Labour Code, 1961 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §75(e) of the Haitian Labour Code, 1961 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §41-46, 49 & 50 of the Haitian Labour Code, 1961 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located in the law |
| Does the law require paid nursing breaks? | Yes | 1 | §331 of the Haitian Labour Code, 1961 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No prohibitions located in the law. |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §322-, 323, & 324 of the Haitian Labour Code, 1961 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §320 & 321 of the Haitian Labour Code, 1961 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §320 & 321 of the Haitian Labour Code, 1961 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §440, 441 & 447 of the Haitian Labour Code, 1961 |
| Does the law require the employer to train workers on health and safety issues? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | Law creating the Social Insurance, 1967; ISSA Country Profile of Haiti |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §183-189 of the Law creating the Social Insurance, 1967 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §190 & 192-196 of the Law creating the Social Insurance, 1967 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §130, 131 & 133 of the Haitian Labour Code, 1961 |
| Does the law provide for invalidity benefit? | Yes | 1 | §185- 188 of the Law creating the Social Insurance, 1967 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §35-1 of the Constitution d'Haïti, 1987; §135 & 317 of the Haitian Labour Code, 1961 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §307, 308, 309 & 312 of the Haitian Penal Code, 2020 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §35 of the Constitution d'Haïti, 1987 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Law creating the National Old-Age Insurance, 1967; ISSA Country Profile of Haiti |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §10, 335-340, Haitian Labour Code 1961; §10, Law Organizing & Regulating Labour 2017 |
| 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 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §4, Labour Code, 1961; §1 & 11 of the Anti-Human Trafficking Act, 2014 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | No | 0 | §35(5) of the Constitution of Haiti 1987; §190 & 203-210 of the Haitian Labour Code, 1961 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | USDOS CRHRP 2021 |
