The workers of the private sector Those who work this holiday December 8, the day of the Immaculate Conception, will be able to receive triple remuneration, perform face-to-face or remote work and without substitute rest, reported the Lima Chamber of Commerce (CCL).
“The payment of the holiday is equivalent to an ordinary remuneration, which corresponds to one day of work. Nevertheless, the private sector worker has the right to receive three salaries, as long as there is no substitute rest, “said the manager of the CCL Legal Center, Victor Zavala.
In detail, the worker will receive: a daily remuneration for the holiday, a second for the work performed, and a third for having worked on a holiday, without substitute rest on another day (100% surcharge).
Cases
Similarly, the CCL detailed 10 specific cases that may arise in relation to the payment of wages for the national holiday of December 8, 2021. Among them, the aforementioned triple payment stands out. “For the payment of this benefit, private sector workers and employers should consider the rules on the payment of benefits. paid breaks described in Legislative Decree 713 and the exceptional labor regulations, issued during the national emergency period DS 044-2020-PCM and amendments ”, said Víctor Zavala.
These are the cases that may occur:
1. Paid holiday: Wednesday December 8 is a national holiday for public and private workers. This holiday is duly paid, without the obligation to provide services on the part of the workers.
2. Work on holiday December 8: Private sector workers who agree with their employers to work on Wednesday, December 8, without subsequent substitute rest, must receive triple daily remuneration for the holiday: one for the holiday, another for the work performed and a third remuneration for having worked on a day holiday, without subsequent substitute rest.
3. Work on holidays with substitute rest: Workers who agree to work on December 8, with subsequent replacement rest, receive double daily remuneration, one for the holiday and the other for the work performed.
4. Remote work: The personnel who have been providing services through remote work -from their home-, do not work on December 8 and have the right to receive their remuneration for the holiday without working. If you agree with your employer that you are going to work on said holiday, without a substitute rest, you will be entitled to triple your daily salary.
5. Workers with paid, compensable leave: Workers who are on compensable paid leave, during the emergency period, will receive on their pay slip for the month of December the amount of the December 8 holiday, without having worked. This holiday is paid in full, and is not subject to subsequent compensation.
6. Workers with medical leave: workers who during December 8 are on medical leave, which coincides with the first 20 days of rest in 2021, the employer pays them the holiday without having worked, but if the rest is from day 21, the The employer pays the holiday, not as compensation but as a subsidy, which is reimbursed by EsSalud.
7. Workers affected by COVID-19: Workers with medical rest confirmed with positive COVID-19 swab are entitled to the payment of subsidies during the first 20 days of rest, which are paid by the employer out of their subsequent reimbursement by EsSalud.
8. Agreement to work on the holiday: Companies that agree to work on December 8, with the acceptance of their workers, must establish the form of compensation with other subsequent working days, otherwise, they will receive triple daily remuneration.
9.- Weekly rest that coincides with the holiday.- In the case of workers whose weekly rest coincides with the December 8 holiday, they receive double daily remuneration, one for the weekly rest and the other for the holiday.
10. Workers who are enjoying vacations: Workers who are taking annual leave during the December 8 holiday are not entitled to the payment of additional remuneration for the holiday, since, before the holiday break, the company paid them their salaries, which includes the aforementioned holiday.
.
Kingston is an accomplished author and journalist, known for his in-depth and engaging writing on sports. He currently works as a writer at 247 News Agency, where he has established himself as a respected voice in the sports industry.
