We provide complete legal assistance in different areas of intervention to individuals, businesses, public and private institutions. Committed to serve you with integrity and professionalism, we continue to mobilize the best talent and multidisciplinary skills of our lawyers to assist you in all your legal and entrepreneurial undertakings.
We are determine and eager to always maintain the integrity and the honesty that has defined us. It is indeed in the transparency and the avoidance of any conflicts of interest that we choose to build the future.
Every day we grow our knowledge, sharpen our business acumen, master new conciliation and mediation techniques to improve our practice and better defend your interests.
We put innovation and creativity at the service of the legal profession by taking advantage of changes into regulations and the law, and by developing new legal approach and solution to facilitate the performance of our client’s company.
The Republic of Haiti occupies one third of the western part of the island of Hispaniola, the second largest in the Caribbean after Cuba. It became independent on January 1, 1804. The national motto is: « L’Union fait la Force » and its official languages, since the new constitution of 1987, are both French and Creole. The national currency is the Gourde. On January 12, 2010 the country was severely struck by an earthquake. Reconstruction is still ongoing.
The owner of a trademark or trade name, pursuant to section 10 of the Act of July 17, 1954, amended by the decrees of the July 18, 1956, 28 August 1960 and 24 September 1970, may transfer or grant exploitation of his licenses to third parties. However, to be valid, the license shall stipulate that the grantor has the right to control the quality of products sold under the brand name and that he must actually exercise this control… »
In the terms of article 6 of the Decree of 24 February 1984 updating the Labor Code of 12 September 1961 “no worker can renounce its prerogatives as stated and recognized by the Constitution and the law. »
Article 330, paragraph (b), states that it is forbidden to « dismiss workers on the sole ground of pregnancy or breastfeeding. Any dismissal of a worker in this situation must be reported beforehand to the Labor Directorate in order to obtain the required authorization»
It is stated in article 397 of the Decree of 24 February 1984 updating the Labor Code of 12 September 1961that “an employer that employs ten workers or more on a full time basis has the obligation to develop and implement internal bylaws for the business.”
With regard to article 400 it specifies that the business internal bylaws should be included in the employment contract of each of the workers in the establishment. »
Investors, eligible for the incentive benefits, under the terms of article 27 of the law of 22 August 2002 on the investment Code, are totally exempt from any income taxes for a maximum period of 15 years.
Under the terms of article 3 of the law of August 3, 1955 related to the establishment and the functioning of public limited companies (“Société anonyme”), amended by the decrees of August 28, 1960, 16 October 1967-11 November 1968, and 26 of the Decree of 1960 an Haitian company to be valid, must include a Board of Directors made of three (3) members of which at least one (1) must be a Haitian citizen. These administrators should have a minimum number of shares awarded to them as prescribed in the articles of incorporation whereas these shares will be kept in the company’s Social Fund as assurance for des administrative work
A public limited company (“Société anonyme”) created in Haiti even controlled at 99% by foreigners and who has its main office in Haiti, by virtue of article 7 of the law of June 16th 1975, enjoys the same privileges as a Haitian citizen with regard to the acquisition of real estate in Haiti.
In the field of industrial property and brand name registration, a business in Haiti can lose the right of enjoyment of its brand name or the right to take legal action against any person who illegally uses its brand name. This can happen because of a simple delay in the renewal process of the business registration which is not permanent. Please contact one of our lawyers to learn more.
Did you know that the Haitian Labor Code provides that the normal duration of work is eight hours per day and forty-eight hours per week? All hours of work provided in excess of the normal hours (night work, overtime on Sundays and public holidays) are paid with a surcharge of 50% of the hourly salary. This code which has been annotated and published by Jean-Frédéric Salès, Managing partner at Cabinet Salès is now available in the form of mobile application and can be accessed at any time.