HaitiWorking Hours and Overtime Regulations

In Haiti, the labor law outlines the maximum number of hours an employee can work per day and week. The Haitian Labor Code defines standard working hours as eight hours per day and forty-eight hours per week (Article 130 of the Haitian Labor Code).

There are exceptions to this rule for specific industries. For instance, in industrial businesses, regular daily hours can be extended to nine hours (Article 131 of the Haitian Labor Code). Similarly, in commercial establishments and offices, standard working hours can be extended to up to ten hours per day, provided there's an agreement between the employer and employee (Article 131 of the Haitian Labor Code).

In Haiti, the labor law permits overtime work, but it is subject to specific regulations concerning hours and compensation.

Overtime is defined as any hours worked beyond the standard workweek of forty-eight hours. There is a legal limit on the amount of overtime an employee can work, which is a maximum of 80 hours per quarter. This translates to a maximum of 10 days of overtime per quarter, assuming a standard 8-hour workday. Overtime exceeding this limit is strictly prohibited, with some exceptions allowed under special circumstances and with Ministry of Labor approval.

Overtime work is compensated at a premium rate compared to regular wages. This is 150% of the employee's regular hourly wage, which translates to a 50% increase in pay for each overtime hour worked. The specific method for calculating overtime pay may vary depending on the industry and employment contract.

While there's no explicit daily limit on overtime, total working hours, including overtime, cannot exceed 12 hours per day. Employers cannot force employees to work overtime. Employee consent is generally required. Employers are obligated to maintain accurate records of overtime hours worked by each employee.

Haitian labor law guarantees rest periods and breaks for workers to ensure their well-being and productivity. Here's a breakdown of these entitlements:

All employees in Haiti are entitled to a minimum of 24 consecutive hours of rest per week. This mandatory break must occur after a six-day workweek, regardless of the total hours worked during that period.

The law mandates rest breaks for employees who work extended hours. Employees who work more than six hours per day are entitled to one or more rest periods. The specific details of these breaks, such as length and payment, are typically determined through Collective Bargaining Agreements between employers and employee unions. In the absence of a collective agreement, these details are left to the discretion of the employer, within the framework of providing reasonable rest for employees.

While the law doesn't specify the duration of these breaks, industry standards often dictate a lunch break of around one hour.

For employees working shift schedules, the law allows for some flexibility. Employers can substitute a continuous 30-hour rest period for the standard 24-hour weekly rest. However, this substituted rest period must still occur within the same workweek.

In Haiti, labor law outlines specific regulations for night work (travail de nuit) and weekend work (travail de fin de semaine).

Night work is typically defined as work performed outside standard daytime hours, usually between 6:00 PM and 6:00 AM, although this may vary by industry. Employers generally cannot require night work from pregnant women or workers under 18 years old. Night work typically requires a pay premium. The specific rate isn't mandated by law, but negotiations between employers and employees or union agreements often determine it.

Work performed on Saturdays is considered overtime and must be compensated at an increased rate, typically at least 50% higher than the regular wage. Sundays are generally considered rest days. Work performed on Sundays requires special authorization from the Ministry of Social Affairs and Labor and incurs a higher premium, often double the regular wage.