Workers have the right to rest for two days off on July 28 and 29 in connection with the celebration National holidays. But, if they decide to work these days, they must receive additional pay.
According to the National Labor Inspectorate (Sunafil), employees are entitled to triple pay if they have to work under an agreement with their employer.
These three payments mentioned sunafil receive according to the following concepts:
- Holiday payment.
- Payment for work performed.
- 100% surcharge
Remember that this payment is received if the employee chooses not to replace that working day with the next rest day.
For example: If a person receives remuneration monthly 1500 sols (50 sols per day) if you work on July 28 or 29, the following applies:
- Vacation allowance (50 soles, already included in the monthly allowance)
- Compensation for the work performed (50 soles)
- 100% markup (50 soles)
In this example mentioned above, the worker should receive about S/150 pay for that day alone.
“In case your employer grants you a day break You will no longer receive any additional amount in return for each vacation worked, ”Sunafil clarifies.
In addition, remember that this applies to all formal workers, including employees of micro and small companies.
Please be aware that this additional charge applies to both staff who work in person and workers who work remotely.
On the other hand, labor lawyer Cesar Puntriano points out that for workers whose work starts on July 27 and ends on July 28, the rule does not take into account that they worked on public holidays, so they are not subject to any additional pay. , at your normal daily wage,
However, he argues that if the holiday coincides with the weekly day of rest and the employee works without a replacement rest, then the above amount corresponds to him – two additional days of remuneration.
Company fines
Sunafil warns that if a company fails to pay its employees extra for working on public holidays, it could be fined as it is considered a “very serious” offence.
Sum fine It depends on the type of company and the number of affected workers in one company.
“If it is a micro-enterprise: the fine is from 1,058 to 3,128 soles. If it is a small business, the fine is between 3,542 soles and 35,190 soles. soles”, holding on.
The agency adds that the employer can also provide replacement rest instead of the above payments, but this only applies if the public holiday does not coincide with the employee’s weekly rest.
Source: RPP
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