Through the Supreme Decree 033-2022-PCM It was decreed that this Monday, October 31, will be Holiday. Likewise, All Saints’ Day is celebrated on Tuesday, November 1 and, as established by Legislative Decree 713es National holiday.
Although many Peruvians are taking advantage of the offers and planning to travel for the long holiday, it is important to keep in mind that both dates have different considerations for the public and private sectors. Below we tell you what you should take into account if you have to work one of these days and how much remuneration corresponds to you.
Who rests this October 31, a non-working day?
First of all, the non-working days They are established based on the situation and usually have the objective of being a bridge with a holiday in order to form a long weekend. It should be noted that, it is only applied in a mandatory way for the public sector. In private it will depend on the prior agreement between the worker and the employer. In addition, the hours not worked must be compensated and if the person decides to work on this date, no additional payment is due.
“On ‘non-working’ days, if the worker does not provide services, the employer must pay the corresponding consideration, and the worker must recover the hours left to work, or in agreement with the employer, set a compensation formula,” he said. Álvaro Gálvez, manager of the Legal Center of the Lima Chamber of Commerce (CCL).
In this way, if you rest this Monday, October 31 and you are from the private or public sector, you must return the time you did not work. If you work on this date, you will not be entitled to any extra amount.
“If they decide to accept and arrange that they do not work that day, they must also define the way to recover the hours left to work; for example, doing overtime on the following days or under some other recovery formula,” added Gálvez.
How much payment do I get if I work this holiday, November 1?
Unlike non-working days, the break in Holidays are mandatory for both the public and private sectors.. Likewise, the hours not worked must not be returned and if they work on this date, the employee must receive additional remuneration or a substitute break.
In this way, if you work this Tuesday, November 1 and you belong to the public or private sector, you will receive the remuneration corresponding to the work carried out that day, for the holiday and an additional amount equivalent to 100% of the daily remuneration (surcharge). , which is equivalent to a triple payment. This as long as it is not agreed with the employer to have a substitute rest day.
How to calculate how much I will have to collect if I work this Tuesday, November 1?
We explain how to calculate your payment if you work on a national holiday like this Tuesday, November 1. The Lima Chamber of Commerce (CCL) reports it through an example.
In this case, if a worker earns S/ 3,000 per month, his daily remuneration will be S/ 100 (3,000/30). In this way, if you work on November 1, without substitute rest, your payment must consider the sum of the three amounts mentioned above:
- For a holiday that is already considered in your monthly remuneration, it is equivalent to S/ 100
- For the work done that day, the corresponding amount is S/ 100
- For surcharge of 100% of the daily remuneration is S / 100
Finally, the worker will receive S / 3,200 in total in the month. This, after adding the corresponding S/ 200 for working on those days.
How are salaries calculated on holidays?
Likewise, Álvaro Gálvez, manager of the Legal Center of the Lima Chamber of Commerce (CCL), pointed out the aspects that workers must take into account, according to the following cases, how much payment they are entitled to if they work in the next holidays.
- Paid holidays: National holidays, such as November 1, apply to public and private workers. Remember that these holidays are paid without the obligation to provide services to the employer.
- If you work on holidays without substitute rest: private sector workers who agree with their employers to work on these dates, without subsequent substitute rest, must receive triple daily remuneration for said holiday: one for the holiday and another with the 100% surcharge for have worked on a holiday.
- If you work on a holiday with substitute rest: remember that workers who agree to work on said holiday with substitute rest will receive their normal remuneration.
- If you work remotely: as well as in face-to-face cases, workers who have been working remotely also have the holiday. Therefore, they have the right to receive their remuneration without working. In the event that an agreement is reached with your employer that you will work on said holiday without substitute rest, you are also entitled to triple payment of your daily remuneration.
- If I am on medical leave during the holiday: workers who, during holidays, are on medical leave, which coincides with the first 20 days of rest in the year 2022, must receive holiday pay without having worked. Meanwhile, if the rest is after the 21st, the employer pays the holiday, not as remuneration, but as a subsidy.
- If I am on vacation during the holidays: workers who are enjoying annual vacations during the national holiday are not entitled to additional remuneration. This is because the holiday must already be included in your vacation remuneration.