If my day of rest coincides with the October 8 holiday, should I receive any compensation?

This Sunday, October 8, Peruvians will celebrate a new holiday in commemoration of the Combat of Angamos and in tribute to our hero Miguel Grau. In addition, we will have the possibility of enjoying a long weekend, since Monday, October 9, has been included as a non-working day. However, there are some questions from workers regarding whether they should receive any payment for working or resting on this day off, which falls on Sunday. In the following note, we will clear up these doubts. Pay attention!

October 8 holiday: how much should I be paid if my rest coincides with the holiday?

According to Pamela Duffy, a partner in Dentons’ labor area, “when the holiday coincides with the mandatory weekly rest day, both overlap.” In other words, only one day of rest is considered and, therefore, the compensation that corresponds to workers is only one day.

This would not have a major impact on workers who rest on Sunday nor does it imply any additional payment for that day. However, If the employee is required to perform his/her duties on the October 8 holiday, he/she must receive an extra payment for the work performed and, if he/she is not compensated with a substitute rest, he/she must receive a surcharge that is equivalent to 100% of the value of the day. of labor.

October 8 holiday: if I work that day, how much should I be paid?

In the event that workers carry out their work in person or virtually on October 8, they will receive remuneration equivalent to the value of the work carried out on the holiday and a 100% surcharge for the work carried out. according to the Dentons specialist.

Let’s take an example. If the worker’s monthly salary is S/1,025 and he works on Sunday, October 8 without the opportunity to have a substitute rest, the daily amount corresponding to him is S/34.17, after dividing his salary by 30 days. Along these lines, his payment must consider the sum of the following amounts:

• For the holiday that is already considered in your monthly remuneration, it is equivalent to S/34.17
• For the work carried out that day, the respective amount is S/34.17
• For the 100% surcharge of the daily remuneration it is S/34.17.

As a final result, the worker will receive the sum of S/1,093.34 in total on his monthly pay slip, after adding the S/68.34 for working on those dates. It is worth mentioning that, if the collaborator enjoys substitute rest on his holiday, payment of the aforementioned surcharge will not be applied.

Non-working day of October 9: how much should I be paid if I work on this date?

According to Supreme Decree 151-2022-PCM, this Monday, October 9, will be a non-working day for public sector workers with the aim of promoting tourism in our country. In the case of the private sector, its acceptance is optional and the company must evaluate whether or not to grant rest for its workers on that date.

In that sense, if an employee works normally, no extra payment is due and they will receive the same salary without any increase, according to Pamela Duffy. Furthermore, if the worker rests, prior agreement with his direct boss, he must compensate later that day with additional hours, except for reaching an agreement to deduct it from your pending vacations.

October 8 holiday: how much is the fine for those who fail to pay the extra payment?

According to information from Sunafil, failure to pay those who work during the October 8 holiday constitutes a very serious infraction that can be punished with a fine of between S/1,138.50 and S/260,023.50., depending on the number of workers affected. Below are the fines:

• In the case of a microbusiness, the fine ranges between S/1,138.50 and S/3,366.
• If it is a small company, the fine ranges from S/3,811.50 to S/37,867.50.
• If it is not an SME, the fine ranges between S/13,018.50 and S/260,023.50.