This Saturday 01 May the International work day, so that the employees from the public and private sectors will be able to enjoy a paid holiday. However, some workers in essential sectors will have to work that day, after coordinating with their boss.
The Lima Chamber of Commerce (CCL) ensures that in those cases, the law indicates that those employees should receive an amount equivalent to three remunerations.
How do I calculate how much I will earn if I go to work during the holiday?
According to Legislative Decree 713, companies must comply with the right of its workers considering four situations.
1. The remuneration for the holiday of May 1 it is received in its entirety and without any condition, even when the worker is absent or late during the week.
2. If the employee works on May 1 without a subsequent break, they must pay three remunerations daily for that day: one for the holiday and double for having worked on a holiday.
For example: If he monthly salary It is S / 1,500, the daily remuneration will be S / 50. Therefore, if you work this holiday without a subsequent break, you will receive 50 x 3, that is, S / 150 extra.
3. If the employee and the employer agree to work on day feriado, but with subsequent rest, there will no longer be additional payment for having attended.
The CCL indicates that in this case the worker will have a day of rest paid later.
4. For those who work piecework or commissions, the payment is equal to the average salary daily, which is calculated dividing by 30 the total sum of the remunerations received in the last 30 consecutive days.
Keep in mind that workers are not required to work during the National holiday either with the additional payment or with compensatory rest.
What if I don’t work that day?
According to the law firm Payet, in case the day of mandatory weekly rest coincides with the holiday, they must be paid “one day of remuneration for the aforementioned holiday, regardless of the remuneration for the corresponding weekly rest day “.
This applies both for workers who are working in person, and for those who are in remote work.
If the employee is with license of enjoyment of having compensable must grant a daily remuneration for the rest day, and another daily remuneration for the holiday, which should not be compensated later.
The business in which he works may be fined if he fails to comply with the aforementioned provisions. A breach of the provisions related to holidays constitutes a very serious infraction in terms of labor relations, so they can be sanctioned with up to 52.53 UIT, equivalent to S / 231,132