This Saturday, August 6, has been declared holidayin commemoration of the Battle of Junin, a milestone in the country’s struggle for independence. If you have to work that day, do you know when your employer should pay you?
On July 26, the modification of article 6 of Legislative Decree 713 was published in the Legal Norms of the newspaper El Peruano, which includes this date in the calendar of holidays in the country, which now add up to 14 in the year. Law No. 31530 declares that the holiday is applicable to both public and private sector workers.
Find out how the payments are, when they must be made and what to do in case your employer does not fulfill its responsibility.
WHEN SHOULD I BE PAID IF I WORK ON THE AUGUST 6 HOLIDAY DUE TO THE BATTLE OF JUNÍN?
If you had to work on the holiday of Saturday, August 6, the employer must pay the same day designated for salary payment. That is, if you are paid at the end of the month, it should appear there, according to the National Superintendence of Labor Inspection (Sunafil).
The labor lawyer César Puntriano Rosas, in this sense, explains to MAG that the payment for the holiday worked on August 6 comes in the salary for that month. “In this case, the payment can be made within the month because the holiday falls on 6, unlike what would happen on the 30th (holiday for Santa Rosa de Lima) because many companies on that date have already closed their payroll and run the payment the following month “Explain.
Although the rule indicates that it must be paid on the same day assigned for the payment of the salary, it explains that sometimes this does not happen because there is a payroll processing period and a closing issue, which does not constitute a fault.
HOW MUCH WILL I BE PAID IF I WORK ON THE AUGUST 6 HOLIDAY?
This holiday appears in article 6 of Legislative Decree 713 as a paid break for workers subject to the labor regime of private activity. That is, if a worker works on Saturday, August 6, without substitute rest, he will receive a triple payment for the following concepts:
- A daily remuneration for the holiday: amount included in the usual salary.
- A second remuneration for the work done: Additional payment per day worked.
- A third remuneration for having worked on a holiday, without subsequent substitute rest.
Example: If a person receives S / 1,500 soles (50 soles per day) as monthly remuneration, in case they work on August 6, they should receive 150.
WHAT HAPPENS IF I HAVE SUBSEQUENT SUBSTITUTE REST?
If you worked on the holiday on Saturday, August 6, but instead of a payment you want to have a day off, you can choose to request a substitute rest for that day worked; that is, if you work on these dates you can request a break another day without any additional payment.
WHAT HAPPENS IF THE HOLIDAY FALLS ON MY REST DAY?
In the case of workers whose weekly rest coincided with the holiday on Saturday, August 6, they will receive their monthly remuneration in the ordinary way, without additional payment.
HOW DO I REPORT THE NON-PAYMENT OF MY HOLIDAY?
You can file a complaint with the National Superintendence of Labor Inspection (Sunafil). To do this, you can contact 390-2780 or you can also write to the email [email protected].