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Haiti - Minimum Wages - 2011


LAST UPDATE

29 April 2011

SOURCES


Name of Act

Labour Code of 12 September 1961, as amended by the Decree of 24 February 1984, Le Moniteur, 1984-03-05, No. 18-A, 36 p. and by the Law of 5 June 2003 (Loi relative à lìnterdiction et à l`elimination de toutes formes d`abus, de violences, de mauvais traitements ou traitements inhumains contre les enfants; Le Moniteur No. 41 du jeudi 5 juin 2003)
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Name of Act

Law issuing a Comittee for Consultation and Arbitration dated 4 January 1995

Name of Act

Act fixing the Minimum Wage for Industrial and Commercial Enterprises (Loi fixant le Salaire Minimum a payer dans les Établissements Industriels et Commerciaux), Le Moniteur, No. 109, 6 October 2009

Name of Act

Decree issuing the Minimum Wage, dated 4 May 1995

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

The minimum wage is fixed by the government, following a report being made to the Minister of Social Affairs, by the High Committee of Salaries (Conseil supérieur des salaires).

The "Conseil Supérieur des Salaires" is convened by the Minister of Social Affairs and Employment, and is composed of three representatives each of the Government, the employers and workers.

It is convened three months before each financial year to revise, if necessary, the minimum wage, according to macroeconomic indices.
Labour Code §137
Act fixing the Minimum Wage for Industrial and Commercial Enterprises §4

Minimum wage set through decentralized collective bargaining

Wage rates may be determined by collective agreement, however, rates not be lower than the statutory minimum wage set by the government.
Labour Code §53

Criteria


Needs of workers and their families

Yes. The worker is entitled to have a remuneration sufficient to cover the basic needs and those of his family.
Decree issuing the Minimum Wage of 1995 Previous considerations.

Cost of living

Yes. The minimum wage will be periodically adjusted depending on different factors, among others the cost of the living and the rate of inflation.
Labour Code §137

Economic development

Yes. In order to make recommendations for fixing a new minimum wage rate the High Committe of Salaries consider among others, macroeconomic indices.
Act fixing the Minimum Wage for Industrial and Commercial Enterprises §4

Inflation rate

Yes. The minimum wage must be increased when the official inflation rate set by the Haitian Institute of Statistics increases by at least 10% in one tax year.
Labour Code §137

Coverage


Scope

All workers carrying out manual or professional work are entitled to a statutory minimum wage. The statutory minimum wage is a national rate that applies to all workers in commercial, industrial and agricultural establishments.
Law issuing a Comittee for Consultation and Arbitration §136; 379

Excluded categories


» Workers

Domestic workers are expressly excluded from the provisions of the Labour Code and so the minimum wage rate it is not applicable.
Labour Code §257

Specific minimum wage rates


» Specific minimum wage by occupation

No.

» Specific minimum wage by sector

No

» Specific minimum wage by region

No

Level


Minimum wage level(s) in national currency

Since 1 October 2010: 250 gourdes per day for workers in industrial and commercial enterprises.
Act fixing the Minimum Wage for Industrial and Commercial Enterprises Art. 2.1

Last minimum wage update

1 October 2010
Act fixing the Minimum Wage for Industrial and Commercial Enterprises Art. 2.1

In-kind allowances

Wages in kind are permitted and shall consist in benefits like food; lodging; clothes and other articles designed for immediate consumption by the worker.
Labour Code §139

Rate of payment


» Daily

The minimum wage is calculated on a daily rate for 8 hours of work.
Act fixing the Minimum Wage for Industrial and Commercial Enterprises

Scheduled frequency of adjustment

The minimum wage should be adjusted in accordance with variations in the cost of living and must be increased when the official inflation rate set by the Haitian Institute of Statistics increases by at least 10% in one tax year.
Labour Code §137

Enforcement mechanisms


Labour inspection

Labour inspectors may enter workplaces and ensure that all laws concerning working conditions are adhered to.
Labour Code §411

Fines in national currency for non-respect of legislation

Failure to respect the provisions of the Labour Code concerning the payment of salaries, including any failure to pay the minimum wage rate, shall result in a penalty of between 1,000 and 3,000 gourdes for each offence.
Labour Code §158

Results generated on: 23rd October 2014 at 06:30:05.
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