July 23rd Holiday: How much should I be paid if I work on this holiday?

A new holiday is approaching in our country, which will be celebrated for the second consecutive year. It is a date to pay tribute to the heroic act carried out by FAP Captain José Abelardo Quiñones during the war against Ecuador in 1941. This event was made official by Congress in July of last year thanks to the publication of Law No. 31822 in the official newspaper El Peruano.

On July 23, thousands of Peruvians will take advantage of their free time to plan a trip or do activities with their family. However, there are workers who will work on this holiday and wonder what payment they should receive for fulfilling their duties. Below, learn about Sunafil’s provision on the matter and find out what the fine is for companies that do not compensate their employees.

If I work during the July 23 holiday, how much should I be paid?

According to the National Superintendence of Labor Inspection (Sunafil), private sector workers who, due to a special need of the company or because they have rotating shifts, and are not granted a substitute day of rest, will have to receive a triple payment that includes the following concepts:

• A holiday allowance (already included in the monthly salary).
• A daily remuneration corresponding to the work performed.
• A 100% surcharge for working on a holiday without rest.

July 23rd Holiday: How do I calculate the amount I am entitled to for working?

The Sunafil explains through the following example how to calculate the corresponding payment for working on the July 23 holiday. In this sense, if the monthly remuneration of an employee is equivalent to the minimum wage of S/1,025, the daily amount that he should receive is S/34.17, after dividing his salary by 30 days. Next, take into account the sum of the 3 amounts previously mentioned:

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

In this way, the payment for each holiday would be S/68.34 additional 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 July 23 holiday?

According to information from Sunafil, companies that fail to pay workers who work during the July 23 holiday could receive a fine ranging from S/1,184.50 to S/270,529, depending on the number of workers affected:

• In the case of a microenterprise, the fine ranges between S/1,184.50 and S/3,502.
• If it is a small company, the fine ranges from S/3,965.50 to S/39,397.50.
• If it is not an SME, the fine ranges between S/13,544.50 and S/270,529.50.

July 23rd holiday: how to file a labor complaint?

Sunafil indicates that employees who detect that their employer has not complied with the triple payment or with granting a day of rest, have the option of filing virtual complaints at their headquarters through the following LINK.

On the website, you must go to the tab “Report labor violations by a private company” and if you wish to make inquiries, you can call 01-3902800 (option 1) or the toll-free number 0800-16872.