The holidays of July 28 and 29 are approaching, on the occasion of Peru’s Fiestas Patrias, and more than one private sector worker is wondering how much they should earn if they work on these dates, or how they should negotiate their days off to recover.
Mónica Pizarro, partner at Estudio Echecopar, associated with Baker & McKenzie International, provides some details of the benefits that workers can demand from their employers to ensure that the day of commemoration of Peru’s Independence is a good one.
How to calculate the additional payment amount for working on a holiday?
Private sector employees who agree to work on July 28 and 29 without taking a subsequent compensatory day off will receive an additional payment equivalent to two days of work (one for the work performed and one for the 100% surcharge).
“This also applies to staff who work remotely,” the specialist explains.
To calculate the additional amount to be paid, it is necessary to divide the salary by thirty to obtain the value per day. For example, if a monthly salary of S/3,000 is received, the daily salary will be S/100. If you work this Monday, July 29, you are entitled to:
- Remuneration for work performed (S/100).
- Additionally, a remuneration for the surcharge of 100% (S/100).
“So, you should receive a total of S/200 for the holiday worked, in addition to the usual monthly salary of S/3,000,” explains the lawyer from Estudio Echecopar.
If there are holidays during my vacation, can I take them later?
And what happens when the holidays coincide with a period when the worker is on vacation? Can they be taken into account for later? Pizarro explains that they cannot.
The lawyer points out that holidays that occur during the vacation period are not deducted from the vacations taken, “unless the company has agreed with its employees to count the vacations as working days, as a benefit.”
A similar situation occurs when the holiday, in this case July 28 and 29, occurs during the weekly rest period that the company employee already had regularly.
“If the usual day of rest coincides with the next holiday on July 28 and 29, this will not give rise to additional payment,” Pizarro concludes.
Source: Larepublica
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