Next Friday the 8th (Day of the Immaculate Conception) and Saturday December 9th (Day of the Battle of Ayacucho), son national non-working holidays for public and private workers. On both dates, workers have the right to rest paid by the employer, in accordance with article 6 of Legislative Decree 713, Paid Rest Law, modified by Law 31381, as recalled by the Lima Chamber of Commerce (CCL).
Private sector workers who work on those holidays may receive triple payment for each of those days, if they perform in-person or remote work and without substitute rest.
The manager of the CCL Legal Center, Álvaro Gálvez, explained that The worker will receive a daily payment for a holiday, a second payment for the work performed and a third for having worked on a holiday (100% surcharge).
How do I calculate how much is due to me?
For example, if the worker receives S/100 per day and works on Friday, December 8 and/or Saturday, December 9 without substitute rest on any other day, he will have the right to receive, in practice, 3 remunerations for each day worked: S/100 for the holiday (which is incorporated into the weekly, biweekly or monthly remuneration) and S/200 for working on a holiday (100% surcharge).
Álvaro Gálvez explained that It is not considered a day worked on a holiday when the work shift begins on a working day and ends on a holiday.
In the case of workers whose weekly rest coincides with the holiday of December 8 or 9, they receive double daily remuneration, one for the weekly rest and another for the holiday.
The workers who during the holidays If they are enjoying annual leave, they are not entitled to payment of additional remuneration for the holiday, since, before the holiday break, the company paid them their remuneration, which includes the aforementioned holiday.
December 7, non-working day for the public sector
Thursday, December 7, has been declared a non-working day in the public sector. The hours stopped working will be compensated in the following week or at the opportunity established by the head of the public entity, according to Supreme Decree 151-2022-PCM.
In addition, Thursday, December 7, is considered a business day for tax purposes (tax declaration and payment). Likewise, public entities They must adopt the necessary measures to maintain essential services and customer service.
For the private sector, Thursday, December 7, is a working day, unless the employer agrees with the workers not to work that day, with the charge of subsequently recovering the hours stopped working in the manner determined by both parties. In the absence of agreement, the employer will decide. If you work this day, Payment is simple, without surcharge.
Source: Larepublica
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