Holidays December 8 and 9: How much is the fine for companies for not making the additional payment?

Holidays December 8 and 9: How much is the fine for companies for not making the additional payment?

On Thursday 8 and Friday 9 December will be in Peru. Many people will be able to rest on these days off, but some workers from different sectors will have to work. Here we tell you how much the fine amounts to if the company does not make the corresponding payment.

The National Superintendence of Labor Inspection (sunafil) points out that not complying with the additional compensation is a very serious offense.

How much is the fine if the additional payments are not met?

Employers who do not comply with making the additional payment or granting compensation for substitute rest for the holidays they work would be committing a very serious violation of labor rights.

The fines, depending on the type of company (micro, small and not mype), range between S/1,058 a S/241,638.

How to calculate the payment for working on holidays?

Sunafil indicates that if you are working in person or remotely, you must receive two additional daily wages to your monthly payment: one for the day worked and another for the 100% surcharge.

For example, if your monthly salary is S/ 1,025, your daily salary is S/ 34.17. This is deducted by dividing your salary by 30 days (1,025/30). By knowing how much you earn per day, you can calculate what your payment would be.

  • A remuneration for the work done: S/ 34.17
  • A remuneration for the surcharge of 100%: S/ 34.17

So, taking both remunerations into account, the total would be S/ 68.34 for each additional holiday worked to your monthly salary.

Being so, S/ 68.34 x 2 holidays worked would be equal to S/ 136.68, therefore at the end of the month, you would receive a total of S/ 1,161.68.

Likewise, it is important to specify that in the event that your employer grants you rest days in substitution for each holiday worked, you will no longer receive the additional amount.

Why are December 8 and 9 holidays?

Thursday, December 8, is a holiday for the Day of the Immaculate Conception. The religious festivity commemorates the birth of the Virgin Mary. The origin of this celebration dates back to the mid-19th century at the hands of Pope Pius XI.

On the other hand, Law 31381, approved by Congress in 2021, decrees that, for the first time, this December 9 is a national holiday in commemoration of the battle of Ayacucho.

What is the difference between a holiday and a non-working day?

Although you can rest on both days, there are certain differences to take into account.


The holiday is a national holiday in which workers, both in the public and private sectors, can stop working. The same happens with students, who do not attend classes. In the event that an employee works on a holiday, he must receive additional remuneration.


The non-working day is decreed by the Government on duty and is aimed at the public sector. In the private sector, the employer will decide if their workers work or not. If in case an employee works normally, this does not mean that they will receive an extra payment. Likewise, for those who rest this day they must compensate with overtime.


The rise in prices of the products of the basic family basket has led the Executive Branch to announce an economic subsidy.

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