Good news for Peruvians who work on holidays: this is what you will get paid for working on July 23, 28 and 29

The first of the three holidays that we will have in this seventh month of the year is approaching. Next Tuesday, July 23, Air Force Day will be commemorated to pay tribute to the heroic role played by FAP captain José Abelardo Quiñones during the war against Ecuador in 1941. In addition to this commemoration, there are the traditional days off for Fiestas Patrias.

According to current labor legislation, public and private sector workers who provide services during July 23, 28 and 29 must receive an additional payment to their regular remuneration. Failure to comply with this measure will be sanctioned by the National Superintendence of Labor Inspection with a fine ranging from S/1,184.50 to S/270,529.

If I work during the holidays of July 23, 28, and 29, how much should I be paid?

For the second consecutive year, Peruvians will celebrate the July 23 holiday to commemorate the sacrifice of FAP captain José Abelardo Quiñones during the Peru-Ecuador war in 1941. Thanks to a law enacted by Congress in 2023, the inclusion of this mandatory rest date became effective, in addition to the traditional days off for Fiestas Patrias.

Pamela Duffy, a partner in the labor department of Dentons Peru, explains to this media that “if a worker works on a holiday, he or she must receive additional payment for the work performed. In addition, if this work is not compensated with a substitute day of rest, the worker must receive a surcharge equivalent to 100% of the value of the work performed that day.”

To better understand the calculation of the payment, the specialist gives the following example. If the monthly remuneration of an employee is equal to S/1,200, the daily amount that he should receive is S/40, after dividing his salary by 30 days. In this sense, if the worker works on July 28 and 29, without a substitute rest, he will receive the following amount of money:

• For the work carried out on July 28, the respective amount is S/40.
• For the work done on July 29, the amount is S/40.
• For the 100% surcharge on the daily salary of July 28, it is S/40.
• For the 100% surcharge on the daily salary of July 29, it is S/40.

In this way, the worker will receive a additional payment of S/160 in addition to your monthly salaryIn addition, Pamela Duffy clarified that if the employee enjoys a substitute rest for work performed on a holiday, the aforementioned surcharge will not be applied.

What do I do if I am not paid for working on the holidays of July 23, 28 and 29?

Companies that fail to pay workers during the holidays on Tuesday, July 23, Sunday, July 28, and Monday, July 29, could face significant penalties from the National Superintendence of Labor Inspection (Sunafil). These fines range from S/1,184.50 to S/270,529, depending on the number of affected workers and the sector to which the company belongs.

• 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.

Will there be a long holiday for Fiestas Patrias?

According to Supreme Decrees No. 011-2024-PCM and No. 066-2024-PCM, this Friday, July 26 and Saturday, July 27 will be non-working days for public sector workers in the country. In this way, Peruvians will enjoy a long holiday until Monday, July 29, which was created to promote domestic tourism and contribute to economic reactivation.

“Workers in this sector must recover their working hours within the next 10 days or as required by the entity in which they work. For the private sector, taking advantage of this measure is optional and depends on the agreement between employer and employee. The hours not worked on these days must also be recovered later,” said Pamela Duffy of Dentons Peru.