If I work on the November 1st holiday, how much should I be paid?

Next Wednesday, November 1, Peruvians will have the opportunity to enjoy one of the last holidays of the year. On this occasion, All Saints’ Day is commemorated to pay tribute to our loved ones who died and whose remains rest in the country’s cemeteries. Although it is a mandatory day of rest, there are private workers who work on this date and in the following note, we tell you the amount they should receive.

Holiday November 1: how much should I be paid if I work this day?

According to the National Superintendency of Labor Inspection (Sunafil), if a worker works on Wednesday, November 1 without the possibility of having a substitute rest date, they must receive a triple payment which is configured this way:

• The remuneration corresponding to the holiday (included in the monthly salary).
• Remuneration for work performed.
• A 100% surcharge corresponding to the work performed.

November 1: how to calculate the payment for the holiday I worked?

If you want to understand more exactly how much payment you are entitled to if you work on the November 1 holiday, the Lima Chamber of Commerce (CCL) shows the following example. If the worker earns the minimum wage of S/1,025, the daily amount will be S/34.17, after dividing his salary by 30 days. In this way, his payment must consider the sum of these 3 amounts:

• For the holiday that is already included in your monthly remuneration: S/34.17
• For the work done that day: S/34.17
• For the surcharge of 100% of the daily remuneration: S/34.17.

In this way, the payment for each holiday would be S/68.34 in addition to your monthly salary and in total you will receive S/102.51 for work during the holiday plus the 100% surcharge.

What happens if I don’t get paid for working on the November 1st holiday?

According to information from Sunafil, failure to pay those who work during the November 1 holiday means a very serious infraction that can be punished with a fine between S/1,138.50 and S/260,023.50. Below, find out all the sanctions:

• 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.

Will there be a long holiday from October 31?

October 31 is not a holiday or non-working day, according to what is stated in Supreme Decree 151-2022-PCM and Legislative Decree No. 713. In that sense, there is no long holiday and workers will only be able to enjoy the holiday on November 1.

Let us remember that last year, the government declared October 31 as a non-working day for the public sector and private companies had the possibility of taking advantage of this measure, as long as there was an agreement between the employer and the workers.

What is the difference between a holiday and a non-working day?

A holiday is a date of mandatory rest that is paid and that can be compensated with another day of rest or with triple payment for the day worked. In the case of non-working days, they are applicable to public sector employees and unlike a holiday, the hours stopped working must be compensated in the 10 days immediately following or as established by the head of each public entity.

Regarding the private sector, its adoption is voluntary and an agreement will be required between the employer and the workers to guarantee the recovery of the hours stopped working. If an agreement is not guaranteed, the employer will decide.