On July 26, the Executive Power promulgated Law No. 31530, which establishes that August 6 is a national holiday in commemoration of the Battle of Junín. The provision reaches public and private sector workers.
In this context, the National Superintendency of Labor Inspection (Sunafil) indicated that workers have the right to rest that day and that they be paid in the normal way, as on a regular calendar holiday.
The entity detailed in case there is a need for the company to have the worker and he goes to his work center or performs remote work, two scenarios are presented:
1. what the employer grants a day in compensation for the day worked.
2. In case there is no compensation, The worker must receive three remunerations:
- One for the holiday.
- One for the work you do
- A surcharge of 100%.
Sunafil explains this payment by means of the following example: if the daily remuneration of a worker is equivalent to S/ 50, this You will receive S/ 50 for that day (already included in the weekly, fortnightly or monthly remuneration); S/ 50 more for the work done Y S/ 50 more as surtax. In total, you should receive S / 150 for this holiday worked.
If the company fails to comply with these provisions, a complaint can be filed with Sunafil for this fact. This infraction is classified as very serious and is calculated depending on the type of company and the number of workers affected.
If it is a microenterprise, the fine ranges between S/ 1,058 and S/ 3,128. If it is a small business, the fine is between S/ 3,542 and S/ 35,190. And if it is not a mype, the fine will be considered between S / 12,098 to S / 241,638.