Labor Day: what happens if I work on the May 1 holiday | Peru | Workers' Day | nnda-nnlt

Lima, 30/04/2022 05:21 a.m.

This Sunday May 1 commemorates the International work day (International Workers’ Day), which is considered a national holiday for employees in the public and private sectors. Do you know how much you should be paid if you work that day?

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This 2022 the date falls on Sunday and the government has decreed a long holiday until Monday, May 2. However, some areas, such as tourism, health and transportation, for example, must work on the holiday. How should they pay you if you have to work on the holiday?

WHAT HAPPENS IF I WORK ON THE LABOR DAY HOLIDAY?

According to Legislative Decree 713 – Law of Paid Breaksthe payment for the holiday of Saturday, May 1, 2021, Labor Day, is received in full and without any condition, even when the worker has absences or delays during the week.

If the employee works on May 1, without subsequent rest, he may receive triple payment for the following concepts:

The remuneration of a day for the holiday.
The remuneration of a double shift for working on the holiday.

Example: If your salary is S/ 1,200, the daily remuneration will be S/ 40. If you work on this holiday without a subsequent rest, you will receive 40×3, that is, S/ 120.

MORE INFORMATION: Flexibility of time and benefits for workers who work during holidays

WHAT HAPPENS IF THE HOLIDAY FALLS ON MY REST DAY?

Article 9 of the regulation of the Supreme Decree 012-92-TR indicates that whenever Labor Day (May 1) coincides with the mandatory weekly rest day, the worker must be paid double for the following concepts:

One day’s pay for the holiday, in addition to pay for the weekly rest day.

What happens if the worker works on the holiday and it is his day off?

If you work this Sunday, May 1, the employer must recognize some additional payments in favor of the worker.

Payment of the daily remuneration.
Payment for the holiday.
Payment for the rest day with a surcharge of 100%.

DO I CHARGE THE HOLIDAY OF MAY 1 IF I WORK PIECE?

If the worker is a pieceworker, the payment for Labor Day will be equal to the average daily salary, which is calculated by dividing by thirty the total sum of the remunerations received during the thirty consecutive days or not, prior to May Day. When the server does not have thirty computable days of work, the average is calculated from its date of entry, in accordance with the norm.

Contract workers will also receive their holiday for May 1 (Photo: iStock)

SHOULD I PAY TRIPLE IF I COME TO WORK ON MAY 31 AND LEAVE MAY 1?

No. The rule establishes that it is not considered that a non-working holiday has been worked when the work shift begins on a working day and ends on a non-working holiday.