How to Use An Employer of Record in
Haiti

Haiti's Code du Travail requires all employment contracts to comply with strict minimum wage thresholds set by the Conseil Supérieur des Salaires, mandatory profit-sharing provisions, and registration with the Office National d'Assurance-Vieillesse (ONA) within 30 days of hire. An Employer of Record in Haiti takes on full legal responsibility as the Employer of Record, ensuring your hires are compliant from day one without the need to register a local entity. The EOR removes the risk of penalties from the Ministère des Affaires Sociales et du Travail for late filings, incorrect payroll tax withholding, or failure to fund statutory severance reserves.

What Is an Employer of Record in Haiti?

An Employer of Record in Haiti is a third-party organisation that becomes the legal employer of your staff under Haitian law, handling all statutory obligations, payroll, tax withholding, and compliance while you retain full operational control over day-to-day work, performance management, and business direction. The EOR appears on employment contracts, government filings, and payroll records as the employer, shielding your company from direct legal exposure in Haiti.

Under Haiti's Code du Travail, every employment relationship must comply with mandatory minimum wage rates set by sector and region, include statutory clauses on profit-sharing (participation aux bénéfices), and observe strict rules on fixed-term contracts, which are permitted only for specific temporary projects or seasonal work. Employers must also comply with any applicable collective bargaining agreements (conventions collectives) negotiated by sector unions, which can impose higher wage floors, additional leave entitlements, and procedural requirements for termination. The EOR ensures every employment contract reflects these obligations and that all statutory contributions are calculated and remitted correctly.

You retain full control over who your employees report to, what work they perform, their performance objectives, and termination decisions. The EOR owns the legal employment relationship: issuing contracts, registering employees with the Office National d'Assurance-Vieillesse and the Office d'Assurance Accidents du Travail, Maladie et Maternité, processing monthly payroll in gourdes, withholding and remitting income tax to the Direction Générale des Impôts, and managing severance calculations and termination procedures under the Code du Travail.

How Does an Employer of Record Work in Haiti?

The EOR process in Haiti starts with defining the role and employment terms, moves through contract preparation and government registration, and continues with payroll execution and ongoing compliance management. Each step involves specific obligations under Haitian law, from minimum wage verification to statutory benefit funding. Here's how it works in practice.

Step 1: Define Role and Terms

You provide the EOR with the job title, salary, work location, and any benefits you want to offer above the statutory minimum. The EOR checks whether the role falls under a sector-specific collective agreement (convention collective) that imposes higher wage floors or additional entitlements. If the role is in manufacturing, commerce, or another organised sector, the applicable collective agreement may require 13th-month pay, seniority bonuses, or specific leave provisions beyond the Code du Travail baseline. The EOR confirms the salary meets the legally applicable minimum for the role's classification and location.

Step 2: EOR Compliance Check

The EOR verifies that your proposed salary meets or exceeds the minimum wage set by the Conseil Supérieur des Salaires, which varies by sector and is updated periodically by decree. As of 2026, the daily minimum wage in the textile and assembly sector is 500 gourdes, while other sectors have different floors. The EOR also confirms the role is correctly classified under Haiti's labour law framework, which distinguishes between ouvriers (manual workers), employés (clerical staff), and cadres (managerial staff), each with distinct legal protections. Working time is capped at 8 hours per day and 48 hours per week under Article 99 of the Code du Travail, with mandatory overtime premiums.

Step 3: Employment Contract

The EOR prepares a written employment contract in French, the official language of Haiti, as required by the Code du Travail. The contract must include the employee's full identity and address, job title and classification, salary and payment terms, work location, start date, and whether the contract is indefinite (contrat à durée indéterminée) or fixed-term (contrat à durée déterminée). Fixed-term contracts are restricted to temporary projects, seasonal work, or specific tasks and cannot exceed one year without renewal. The contract must reference the applicable collective agreement if one exists and include clauses on profit-sharing, which is mandatory for companies with more than 20 employees under Article 54. Probation periods (période d'essai) are capped at 3 months for non-managerial staff and 6 months for managerial roles under Article 38.

Step 4: Government Registrations

The EOR registers the employee with the Office National d'Assurance-Vieillesse (ONA), which administers pension and old-age insurance, and the Office d'Assurance Accidents du Travail, Maladie et Maternité (OFATMA), which covers workplace injury, illness, and maternity benefits. Registration must occur within 30 days of the employment start date under Article 8 of the ONA law. The EOR also registers the employee with the Direction Générale des Impôts (DGI) for income tax withholding purposes and obtains a matricule fiscale (tax identification number) if the employee does not already have one. Late registration with ONA or OFATMA can result in fines, retroactive contribution demands, and disqualification from statutory benefits for the employee.

Step 5: Payroll in Local Currency

Payroll is processed in gourdes (HTG), the official currency of Haiti, and employees are typically paid monthly. The EOR calculates gross salary, deducts employee contributions for ONA and income tax, withholds any court-ordered garnishments (saisies), and remits employer contributions to ONA and OFATMA. Income tax is withheld at source under a progressive scale administered by the Direction Générale des Impôts, with rates ranging from 0% on the first 60,000 gourdes of annual income to 30% on income above 1,500,000 gourdes in 2026. The EOR remits withheld income tax to the DGI monthly and files annual tax returns (déclaration fiscale annuelle) on behalf of each employee.

Step 6: Ongoing Compliance

The EOR manages recurring obligations including monthly remittance of ONA contributions (6% employer, 6% employee on gross salary), OFATMA contributions (2% employer on gross salary), and withheld income tax to the Direction Générale des Impôts. The EOR maintains payroll records (livre de paie) as required by Article 45 of the Code du Travail, which must be available for inspection by the Ministère des Affaires Sociales et du Travail. The EOR tracks statutory leave entitlements, including 15 days of annual leave after one year of service under Article 137 and public holidays, which total 13 days per year in Haiti. The EOR also monitors changes to minimum wage decrees, collective agreements, and labour law amendments issued by the Ministère, ensuring your employment practices remain compliant.

Step 7: Termination and Severance

Termination in Haiti requires just cause (motif légitime) for dismissal without notice or severance, as defined in Article 47 of the Code du Travail, including serious misconduct (faute lourde), repeated breach of duties, or economic reasons. If terminating without just cause, you must provide advance notice or payment in lieu, which varies by length of service and employee classification: 8 days for ouvriers with under one year of service, 15 days for one to three years, and one month for over three years. For employés and cadres, notice periods are typically longer and may be governed by collective agreements. Severance pay (indemnité de licenciement) is mandatory after one year of service and is calculated as 15 days of salary per year of service for the first five years, then 20 days per year thereafter, based on average gross salary over the preceding 12 months. The EOR calculates severance, processes the final payslip including accrued leave (congés payés), deducts final tax and social contributions, issues the certificat de travail (employment certificate), and files the termination notice with the Ministère des Affaires Sociales et du Travail within the statutory deadline.

Employment Laws and Compliance an Employer of Record Handles in Haiti

When you hire through an EOR in Haiti, they take on full responsibility for compliance with the Code du Travail, social security regulations, and tax law. You avoid the need to build an in-country HR function or employ a local labour law specialist.

• Employment Contracts: The EOR drafts contracts in French under the Code du Travail, including mandatory clauses on salary, classification (ouvrier, employé, or cadre), probation (capped at 3 or 6 months), profit-sharing if applicable, and whether the contract is indefinite or fixed-term. Fixed-term contracts are restricted to specific temporary or seasonal work and cannot exceed one year. Failure to provide a written contract or include mandatory clauses can result in the contract being deemed indefinite and expose the employer to claims before the Tribunal du Travail.
• Payroll Tax and Income Tax Withholding: The EOR withholds income tax at source under the progressive scale administered by the Direction Générale des Impôts, remits it monthly, and files annual tax returns for each employee. As of 2026, the top marginal rate is 30% on income above 1,500,000 gourdes per year. Late or incorrect withholding results in penalties, interest, and personal liability for the employer under Haiti's tax code.
• Social Security and Pension: The EOR registers employees with the Office National d'Assurance-Vieillesse (ONA) and remits 6% employer and 6% employee contributions monthly on gross salary. Late contributions incur penalties and disqualify employees from pension and survivors' benefits. The EOR also registers employees with OFATMA and pays the 2% employer contribution for workplace injury, illness, and maternity coverage.
• Statutory Leave: Employees earn 15 days of paid annual leave (congés payés) after one year of service under Article 137 of the Code du Travail, increasing to 22 days after five years. Haiti observes 13 public holidays per year, which must be paid if they fall on a working day. The EOR tracks accrual, approves requests in coordination with you, and pays out unused leave on termination.
• Termination and Severance: The EOR manages termination under Articles 47 to 64 of the Code du Travail, ensuring just cause is documented or that notice and severance are calculated correctly. Severance is 15 days per year for the first five years, then 20 days per year, based on average gross salary. Failure to follow procedural steps or pay severance exposes the employer to claims for wrongful dismissal (licenciement abusif) and damages before the Tribunal du Travail.
• Working Time and Overtime: The EOR ensures compliance with the 48-hour weekly maximum and 8-hour daily limit under Article 99. Overtime is paid at 150% for hours 49 to 56, 200% for hours beyond 56, and 200% for work on Sundays or public holidays. Non-compliance with working time rules can result in fines and back-pay claims.
• Health and Safety: Employers must comply with workplace safety regulations enforced by the Ministère des Affaires Sociales et du Travail and OFATMA. The EOR ensures employees are covered under OFATMA for workplace accidents and occupational diseases, maintains required safety documentation, and reports accidents within the statutory deadline. Non-compliance can result in suspension of operations and criminal liability for serious breaches.
• Data Protection and Employee Privacy: Haiti does not have a comprehensive data protection law equivalent to GDPR, but employers must handle employee personal data in accordance with general privacy principles and any sector-specific regulations. The EOR maintains secure payroll and HR records and restricts access to authorised personnel. Unauthorised disclosure of employee information can result in civil liability.
• Collective Agreements: Many sectors in Haiti are governed by collective agreements (conventions collectives) negotiated between unions and employer federations, which impose obligations beyond the Code du Travail, including higher minimum wages, seniority bonuses, 13th-month pay, and specific termination procedures. The EOR identifies whether a collective agreement applies to your employee's sector and ensures full compliance. Failure to apply a collective agreement exposes the employer to claims before the Tribunal du Travail and potential union action.
• Profit-Sharing (Participation aux Bénéfices): Article 54 of the Code du Travail requires companies with more than 20 employees to distribute a share of annual net profits to employees, with the share determined by sector-specific decrees or collective agreements. The EOR calculates the profit-sharing obligation, withholds the required amount, and distributes it to employees in accordance with the formula set by law or agreement. Non-compliance can result in fines and employee claims for unpaid profit shares.

How Much Does It Cost to Use an Employer of Record in Haiti?

The total cost of hiring in Haiti through an EOR has two components: the EOR service fee and the statutory employment costs (employer social security contributions and other payroll taxes) that are fixed by Haitian law. Statutory costs are non-negotiable and apply whether you hire through an EOR or your own entity. Playroll's EOR service fee starts from $399 per employee per month and is billed separately from payroll costs, giving you full transparency and predictable budgeting.

Let's look at an example that includes a base salary and the EOR service fee.

The EOR service fee covers employment contract drafting and updates, government registrations with ONA and OFATMA, monthly payroll processing in gourdes, income tax withholding and remittance to the Direction Générale des Impôts, ongoing compliance monitoring, leave and benefit administration, and termination processing including severance calculation and final filings.

Employer of Record vs Setting Up an Entity in Haiti

The choice between using an Employer of Record and registering your own legal entity in Haiti depends on your hiring scale, timeline, and long-term commitment. Foreign companies typically establish a Société Anonyme (S.A.) or Société à Responsabilité Limitée (S.A.R.L.) to operate in Haiti. Registration involves drafting and notarising articles of incorporation, publishing in Le Moniteur (the official gazette), obtaining a tax identification number (NIF) from the Direction Générale des Impôts, registering with the Office National d'Assurance-Vieillesse and OFATMA, and opening a local bank account. The process takes 4 to 6 months and costs between $8,000 and $15,000 in legal, notary, publication, and registration fees.

For companies hiring fewer than 10 employees in Haiti, an Employer of Record is almost always the faster and more cost-effective route.

Playroll also supports your long-term growth through its Global Entity Setup product, which handles entity incorporation and local payroll in 120+ countries, so you can transition from EOR to your own compliant entity in Haiti when the time is right, without switching providers or rebuilding your HR processes.

How Long Does It Take to Hire Someone in Haiti Through an Employer of Record?

The typical timeline to onboard an employee in Haiti through an Employer of Record is 10 to 15 business days from the point your candidate accepts the offer to their first day of work.

• Stage 1: Contract preparation and signing (2 to 3 business days): The EOR prepares a compliant employment contract in French under the Code du Travail, including mandatory clauses on classification, salary, probation, and profit-sharing if applicable. Once you approve the draft, the contract is sent to the employee for signature. Timing depends on how quickly the employee reviews and returns the signed document.
• Stage 2: Government registrations (5 to 8 business days): The EOR registers the employee with the Office National d'Assurance-Vieillesse (ONA) and the Office d'Assurance Accidents du Travail, Maladie et Maternité (OFATMA). Registration must be completed within 30 days of the start date under ONA regulations, but the EOR typically completes it before the employee begins work to ensure immediate coverage. Missing the pre-start filing can result in fines and retroactive contribution demands.
• Stage 3: Payroll configuration and first cycle (2 to 3 business days): The EOR sets up the employee in the payroll system, configures salary, deductions for ONA (6% employee), OFATMA, and income tax withholding, and schedules the first payslip. Payroll in Haiti is typically processed monthly, so the first payslip is issued at the end of the month in which the employee starts. If the employee begins mid-month, their first payslip is prorated.
• Stage 4: Haiti-specific requirements (1 to 2 business days): If the employee's role falls under a sector-specific collective agreement (convention collective), the EOR verifies the applicable minimum wage, seniority bonuses, and any additional entitlements. This step can run in parallel with contract drafting and does not typically extend the overall timeline unless the collective agreement requires union notification or approval.

The timeline can extend if the employee does not have a matricule fiscale (tax ID) and needs to obtain one from the Direction Générale des Impôts, which can add 3 to 5 business days. Delays can also occur if the employee is slow to provide required documents (passport, proof of address, bank details) or if the role requires approval from a sector-specific regulatory body.

By contrast, setting up your own legal entity in Haiti takes 4 to 6 months, and you cannot hire legally until the entity is fully registered with ONA, OFATMA, and the Direction Générale des Impôts.

How Playroll's Employer of Record Process Works in Haiti

Playroll makes it straightforward to hire compliantly in Haiti without the cost or delay of setting up a local entity.

You define the role and terms

You tell Playroll the job title, salary, location, and any benefits you want to offer. Playroll confirms the salary meets the minimum wage set by the Conseil Supérieur des Salaires and verifies whether the role falls under a collective agreement that imposes additional obligations.

Playroll prepares a compliant contract

Playroll drafts a written employment contract in French under Haiti's Code du Travail, including mandatory clauses on classification, probation period (capped at 3 or 6 months), profit-sharing, and whether the contract is indefinite or fixed-term. You review and approve the contract before it is sent to your new hire.

Your employee is onboarded and payroll goes live

Once the contract is signed, Playroll registers the employee with the Office National d'Assurance-Vieillesse (ONA) and the Office d'Assurance Accidents du Travail, Maladie et Maternité (OFATMA). The typical onboarding timeline is 10 to 15 business days. Playroll processes monthly payroll in gourdes, withholds income tax and employee social contributions, and remits all payments to the Direction Générale des Impôts and social security authorities on time.

Playroll manages ongoing compliance

Playroll tracks statutory leave, monitors changes to minimum wage decrees and collective agreements, and handles termination and severance calculations under the Code du Travail. If your hiring in Haiti grows to where a local entity makes sense, Playroll can handle that too through its global entity setup service, so you can transition without switching providers or rebuilding your payroll processes.