Order to declare public holidays the 1st and 2nd November, of 2001, Arrêté déclarant jours fériés les 1er et 2 novembre, jours de la Toussaint et des Morts.
Labour Code, 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).
Remarks: All workers are equal before the law and enjoy equal protection and the same guarantees. Art.3
NORMAL HOURS LIMITS
Daily hours limit
General limit
In every establishment the daily general limit is 8 hours.
Labour Code Art.96, 100
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
The parties may agree on a different division of the 48 weekly hours limit; however, 9 hours per day in industrial enterprises and 10 hours per day for commercial employees and clerks must not be exceeded. In case of work that has to be carried out urgently on machines or tools and in case of an accident, or for reasons of force majeure, the daily hours limit may be exceeded up to the extent necessary to avoid a serious disruption of the normal running of the enterprise, to prevent loss of perishable goods or to avoid jeopardizing the technical results of the work or to enable establishments to cope with abnormal workloads due to special circumstances, provided that the employer cannot reasonably be expected to take other measure.
Labour Code §96, 97
Special categories
» Shift work
The daily hours limit may be exceeded in case of continuous shift work.
Labour Code Art.102
Weekly hours limit
General limit
The weekly general limit is 48 hours.
Labour Code Art.96
Historical data (year indicates year of data collection)
2009: 48 hours
2007: 48 hours
1995: 48 hours.
Reference period(s)
The normal working week is composed of 6 days.
Labour Code Art.96
Exceptions
In case of work that has to be carried out urgently on machines or tools and in case of an accident, or for reasons of force majeure, the weekly hours limit may be exceeded up to the extent necessary to avoid a serious disruption of the normal running of the enterprise, to prevent loss of perishable goods or to avoid jeopardizing the technical results of the work or to enable establishments to cope with abnormal workloads due to special circumstances, provided that the employer cannot reasonably be expected to take other measure.
Labour Code Art.97
Special categories
» Shift work
The weekly hours limit may be exceeded in case of continuous shift work, provided that working hours do not exceed 56 per week.
Labour Code Art.102
OVERTIME WORK
Criteria for overtime
General
Normal working hours limits may be exceeded in case of an occurred or threatened accident, in case of urgend work on machines and utilities, or in case of force majeure, but only to the extent necessary to avoid a seious disruption of the enterprise; for avoiding the loss of perishable goods or the technical results of work; to answer to increased, extraordinary workloads, insofar as the employer cannot reasonably be expected to take other measures.
Overtime work is prohibited in case of dangerous or unhealthy work, unless specifically authorized by the Department of Labor.
Labour Code Art.97
Limits on overtime hours
General limits
The number of overtime working hours cannot exceed 80 hours per each 3 months in industrial undertakings, and 2 hours per day without exceeding 320 hours per year in commercial undertakings.
Labour Code Art.98
Historical data (year indicates year of data collection)
2009: 80 hours per trimestre (industrial undertakings)
2 hours per day and 320 hours per year (commercial undertakings).
2007: 80 hours per term (industrial undertakings)
2 hours per day and 320 hours per year (commercial undertakings)
1995: Daily maximum hours are 9 in industry and 10 in commerce, inclduing overtime. 80 hours per quarter for industry, 2 per day up to 320 hours per year in commerce. Not permitted in dangerous or unhealthy jobs.
Restrictions/exceptions
The rules on overtime work do not apply to certain categories including managerial workers and enterprises that only employ members of the family of the employer.
Labour Code Art.100, 104
Compensation for overtime work
Overtime rate(s)
The rate for overtime work is paid in 50% increase.
Labour Code Art.97
Historical data (year indicates year of data collection)
2009: 50% increase
2007: 50% increase
1995: 50% premium.
REST PERIODS
Rest breaks
General provisions
Unless otherwise agreed between the parties or upon written authorisation granted by the Labour Inspectorate, 1,5 hours at mid-working day, a period excluded from normal hours of work.
Labour Code Art.99
Historical data (year indicates year of data collection)
2009: Unless otherwise agreed between the parties or upon written authorisation granted by the Labour Inspectorate, 1,5 hours at mid-working day, a period excluded from normal hours of work.
1995: 1 rest break of at least 1,5 hours towards the middle of the working day.
Exceptions
Unless otherwise agreed between the parties and upon written authorization granted by the Labour Inspectorate.
Labour Code Art.99
Daily rest periods
Duration
(No statutory general provision on daily rest.)
Historical data (year indicates year of data collection)
2007: Unless otherwise agreed between the parties and upon written authorisation granted by the Labour Inspectorate, 1,30 hours at mid-working day, a period excluded from normal hours of work.
1995: No legal provision.
Weekly rest periods
Duration
» General
The weekly rest period is of at least 24 consecutive hours for all personnel in industrial or commercial undertaking, whether public or private, after a 6 day consecutive period of work, whatever the number of hours effectively worked during that period.
Workers who have worked 48 hours during a period inferior to 6 days in a week are also entitled to a paid weekly rest day.Workers must benefit from the weekly rest day without reduced remuneration.
Labour Code Art. 107-108
Historical data (year indicates year of data collection)
2009: Minimum 24 consecutive hours for all personnel in industrial or commercial undertaking, whether public or private, after a 6 day consecutive period of work, whatever the number of hours effectively worked during that period.
Workers who have worked 48 hours during a period inferior to 6 days in a week are also entitled to a paid weekly rest day.Workers must benefit from the weekly rest day without reduced remuneration.
1995: 24 hours after each period of 6 consecutive working days.
» Exceptions
The general provisions on weekly rest (art. 107, 108 Labour Code) do not apply to casual workers. However, the employer is obliged to grant 1 day rest for each week worked.
Labour Code Art. 114, 115
Day specified
» General
Normally the weekly rest day will be Sunday.
Labour Code Art.107-8
Work on weekly rest day
» Criteria
Night work during Sundays is compensated with a premium rate of 50 per cent, without prejudice to the overtime rate foreseen by the Labour Code concerning overtime, work on Sunday and on public holidays.
Labour Code Art.122
» Compensation (for working on a rest day)
The compensation for working on a rest day is paid as 50% increase.
Labour Code Art.119
Special categories
» Agricultural workers
The general provisions on weekly rest (Art.107, 108 Labour Code) do not apply to seasonal workers. However, the employer is obliged to grant 1 day rest for each week worked.
Labour Code Art.114, 115
» Domestic workers
The general provisions on weekly rest (Art.107, 108 Labour Code) do not apply to domestic workers. However, the employer is obliged to grant 1 day rest for each week worked.
Labour Code Art.114, 115
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
The employee is entitled to enjoy annual leave when performing work continuosly and with a minimum of 1 year of service.
Labour Code Art.123
Duration
» General
Any employee continuously working upon one year of service is entitled to paid leave of at least 15 consecutive days, comprising 13 working days and 2 Sundays. Public holidays and interruptions of work due to sickness or maternity enjoyed by the worker should not be deducted from the fifteen days off.
Labour Code Art.123
Historical data (year indicates year of data collection)
2009: 15 days
2007: 15 days
1995: 15 consecutive days after 1 year of service (consisting of 13 working days and 2 Sundays)
Payment
» Amount
Normal payment plus the equivalent of all other remuneration actually received, including wages in kind, if any.
Labour Code Art.123, 128
Work during annual leave
Employers engaging a worker during his/her annual paid leave, even outside the enterprise, will be considered as not granting annual leave and be sentenced to indemnities not less than paid leave indemnities. If the contravening party is the employer, fines will be applied as many times as the number of workers employed in contradiction to the law.
Labour Code Art.127; 133
PUBLIC HOLIDAYS
Number and dates
Independence Day(January 1), Founders Day(January 2), Carnival Monday (March 7), Mardi Gras (March 8), Ash Wednesday (March 9), Good Friday (April 22), Labour and Agricultural Day( May1), Flag and University Day (May 18), Ascension Day(June 2), Corpus Christi(June 23), Assumption Day(August 15), Anniversary of J-J Dessalines’ Death(October 17), All Saints’ Day (November 1), All Souls’ Day(November 2), Vertières Battle Day (November 18), Christmas Day (December 25).
Labour Code Art. 111, 119, 122 Order to declare public holidays the 1st and 2nd November Art.1
Payment
The paid annual leave holidays shall be paid as normal remuneration.
Labour Code Art.108
Work on Public Holidays
» Compensation
The exceptional working hours performed during public holidays are paid with an increase of the 50%.
Labour Code Art.119
NIGHT WORK
Criteria for night work
Night work is the work performed between 6.00 pm and 6.00 am. Night work is authorised only when the required services cannot be provided during day time and cannot be made compulsory for work that can normally be performed during the day.
Labour Code Art.120
Compensation
The compensation for night work is calculated as minimum 50 per cent premium rate.
Labour Code Art.120; 122
Remarks: Exception: international subcontracting enterprises exempted from customs upon imports, are authorised to pay night work at day rate, except in case of contrary agreement and when these subcontracting enterprises need to increase staff to meet their production needs by employing permanently at least two teams on shift work over a period above the normal 8 hour work regime. Prior authorisation is to be granted by the Labour Inspectorate.
SHIFT WORK
Limits
Daily hours limit
The daily hours limit may be exceeded in case of continuous shift work.
Labour Code Art.102
Weekly limit
The weekly hours limit may be exceeded in case of continuous shift work, provided that working hours do not exceed 56 per week.
Labour Code Art.102
INFORMATION & CONSULTATION
Information
The employer has to inform the employees by notice posted at the workplace or another suitable place about the time when work starts and finishes, or about the times the different shifts start and finish as well as rest periods and whether the same weekly rest day is granted to all staff simultaneously or not.
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