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Wednesday, September 28, 2022

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Is the holiday of August 10 recoverable?

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This Wednesday, August 10, 2022 the political events of the year 1809 are commemoratedwhen a group of rebels in Quito formed a provisional government board in support of the deposed king of Spain, Fernando VII, a day called ‘First Cry of Independence‘.

In any case, this Wednesday the activities in the public and private sectors will be maintained in an ordinary way, since the national mandatory day of rest will be moved to Friday the 12th.

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According to the Law, if a holiday falls on a Saturday, the mandatory rest will go to the previous Friday, and if it is a Sunday, to the following Monday. If it falls on Tuesday, the holiday is moved to the previous Monday.

Also, holidays that fall on Wednesday or Thursday will be moved to Friday of that week. Dates such as Carnival, Christmas and New Year are excepted.

When there are local or national holidays on two consecutive days, these will correspond to Monday and Tuesday or Thursday and Friday.


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Note that this mandatory break is not recoverablenevertheless the institutions, entities and organizations of the public sector will have to have the minimum number of personnel to meet the demands of the community.

In this way, the provision of basic public services of drinking water, electricity, health, firefighters, airports, air terminals, land, sea, river and banking services will be guaranteed.

Likewise, the Organic Law Reforming the Organic Law of Public Service and the Labor Code establishes the actions for those industry or private sector work that _due to their nature and manifest condition_ cannot interrupt their activities during the days of mandatory rest.

In this case, another equal time of the week should be designated for rest, by agreement between employer and workers. Otherwise, they must pay their workers the corresponding remunerationwith the corresponding surcharge for extraordinary work.

That is, the people who work in these days and who do not want to take the rest at a later date, they will have to charge the 100% surchargeas it is of an extraordinary nature, as established in article 55 of the Labor Code.

In Ecuador annually has 11 days off because the Holiday Law has been in force since 2016, which determines the mandatory rest days for all Ecuadorians. Those days correspond to national holidays and one more day of local civic holidays, that is, 12 each year in each province. (YO)

National holidays 2022

Photo: Ministry of Tourism

Source: Eluniverso

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