Thursday, April 6 and Friday, April 7 of Holy Week are days declared national holidays for public and private workers, therefore, they must be paid in full without obligation to provide services, as established by Legislative Decree 713 – Law on Paid Breaks, stresses the Chamber of Commerce of Lima (CCL).
However, the manager of the CCL Legal Center, Álvaro Gálvez, indicated that there are some work situations that can occur on the occasion of these Easter holidays:
Work on Holy Thursday and Good Friday: private sector workers who agree with their employers to work on Good Thursday or Good Friday or both days, without subsequent substitute rest, they must receive a “triple” daily remuneration for each holiday: one for the holiday and another for the work done, which is compensated with the surcharge of 100%.
Work on holidays with later rest: workers who agree to work on Good Thursday or Good Friday, or both, with subsequent replacement restThey only receive their normal salary.
Remote work/telework: the personnel who have been providing remote work or teleworking, do not work on Good Thursday and Good Friday and has the right to receive their remunerations. In the event that they carry out their activities during Easter, without subsequent rest, they will also be entitled to receive “triple” daily remuneration.
Weekly rest that coincides with holidays: the worker whose weekly rest coincides with one of the holidays (Thursday or Good Friday) He receives his normal salary.
Vacation: workers who are on vacation on Good Thursday or Good Friday are not entitled to additional remuneration for said holidays.
NON-WORKING DAYS COMPENSABLE 2023
The CCL also mentioned that Supreme Decree 151-2022-PCM declared the following non-working days for public sector workers nationwide: Monday, January 2, 2023, Friday, April 28, 2023, Friday, June 30, 2023, Thursday, July 27, 2023, Monday, October 9, 2023, Thursday, December 7, 2023, Tuesday, December 26, 2023, and Tuesday, January 2, 2024.
In this sense, the business union maintained that the private sector workplaces can take advantage of these non-working days, prior agreement between the employer and its workers. Meanwhile, they must establish how the recovery of the hours stopped working will be made effective. In the absence of agreement, the employer will decide.
It is worth mentioning that non-working days are considered business days for tax purposes.
Likewise, those who work in the private sector and who work on said days, will receive their daily salary without additional surcharge.
On non-working days, the heads of state entities will adopt the necessary measures to provide essential public services for society.
The CCL noted that public entities and private companies that provide sanitary and health services, cleaning and sanitation, electricity, water, drainage, gas and fuel, burials, communications, transportation, ports, airports, security, custody, surveillance, transfer of values and sale of groceries and food, must determine the jobs that will serve the public in order to guarantee essential services to the community.
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