The holidays of Holy Week They include Thursday, April 14 and Friday, April 15, dates on which many people will take the opportunity to take a break or take a short trip. However, there are some who must work these days.
What benefits correspond to the people who will work during Holy Week? Katy Noriega, principal associate of the Philippi Prietocarrizosa Ferrero DU & Uría firm, provides a series of recommendations in this regard.
Holidays and non-working days
The lawyer first makes a difference between holidays and non-working days, since workers do not receive the same compensation in both scenarios.
“The former are days of paid rest, recognized by legal regulations, which do not require subsequent compensation by the workers”Noriega said.
“Non-working days are also days of paid rest, but they are usually recognized in regulations of infralegal range and require to be subsequently compensated by the workers”he added.
When will you get paid to work at Easter?
As both are holidays by law, workers who carry out their work during Holy Week will receive a triple payment for each day in office.
“If a person works on a holiday, they could receive three daily wages”explained the expert, but stressed that the condition is that the worker does not request substitute rest.
For example, if you work this April 14 (Holy Thursday), without substitute rest, you must pay: a daily remuneration for the work carried out, a daily remuneration for the rest on unused holidays and a remuneration as a surcharge (100 % of the daily remuneration) provided by law.
What happens to non-working days?
In the case of non-working days, such as the seven that have been recently declared by the Executive, a triple payment does not apply.
“If a worker works on a non-working day, he will only receive the regular daily remuneration. As it is not a holiday, for the private sector the payment of additional concepts or substitute breaks does not correspond “Noriega noted.
Through Supreme Decree No. 033-2022-PCM, published on April 1, 2022, the following non-working days were declared for the public sector: May 2; June 24; August 29; October 7 and 31; and December 26 and 30, 2022. The hours lost from work must be compensated within the following 10 days or in the opportunity provided by each entity.
For these cases, the private sector may or may not take advantage of these non-working days.
“If the employer and the workers agree, the latter may enjoy the aforementioned non-working days; however, later they must compensate for the hours they stopped working. The form and timing of the compensation is decided by agreement; in the absence of this, the employer decides”he pointed out.
