Saturdays could be declared compensable non-work for religious reasons

The non-grouped congressman Juan Bartolome Burgos proposes establishing that Saturdays are compensable non-working days in favor of public and private workers who profess a religion that establishes said day as “rest or save”, in order to exercise the fundamental right to religious freedom. In Peru there are 11 religious denominations that use Saturday as a day of restaccording to the document presented.

According to PL 4610, the hours stopped working will be compensated within 10 days after or at the time established by the owner of the public or private entity, depending on the needs of the company. In addition, it is specified that the worker must present a certificate issued by the religious authority to accredit his belonging to said community.

The clauses of collective agreements, individual agreements and unilateral decisions of the employer, in terms of remuneration, hours and other working conditions, that generate direct or indirect discrimination based on religion or conviction, are declared null and void.

The document indicates that there is already Supreme Decree 006-2016 that has dealt with the regulation of the Law on Religious Freedom; However, “the normative provision drafted in this way is broad and although it guarantees the observance of holy days of rest in favor of the professor of a certain religion, in most cases the power of direction of the employer prevails against the fundamental right to religion” .

The legislative initiative indicates that the Executive power has a maximum period of 45 business days to adapt the related standards in accordance with the provisions of the standard. The proposal was presented on March 30, 2023 and is already in the Work Commission, that will evaluate and improve the proposal, if applicable, to finally leave it ready to be debated and voted on in the Plenary of Congress.