From October 30 to November 2 there will be a long weekend due to the initiative of the government to promote tourism at the national level, what will happen to the payment of workers who work on the 1st or 2nd of November?
Recently 6 non-working days have been declared. Through Supreme Decree No. 161-2021-PCM, published on October 7, 2021, the following non-working days were declared for the public sector: October 11, 2021; November 2, 2021; December 24, 27 and 31, 2021; and January 3, 2022. The hours stopped working must be compensated within the following 10 days or in the opportunity provided by each entity.
According to the lawyer Katy Noriega, senior associate of the Philippi Prietocarrizosa Ferrero DU & Uría study, these are all the scenarios to take into account for the remuneration for working these days.
Holidays are not the same as non-business days
The former are paid rest days, recognized by legal standards, which do not require to be subsequently compensated by the workers. The latter are also days of paid rest, but are usually recognized in rules of infralegal rank and require to be subsequently compensated by the workers.
How much will I be paid to work on November 1?
If a worker works on a holiday, he could be paid 3 daily wages. For example, if you work this November 1, All Saints’ Day, without substitute rest, you must pay: 1 daily remuneration for the work performed, 1 daily remuneration for rest on unused holiday and 1 remuneration as a surcharge (100% of daily remuneration) provided by law. Current criteria adopted by Sunafil.
How much will I get paid to work on November 2?
If a worker works on a non-working day, he will only receive the regular daily remuneration. As it is not a holiday, the private sector does not have to pay additional items or substitute breaks.
Can the private sector benefit from non-working days?
If the employer and the workers agree, the latter may enjoy the aforementioned non-working days; however, they must subsequently compensate for the hours missed.
The form and timing of compensation is decided by agreement; in the absence of this, the employer decides. Likewise, the employer could agree to the enjoyment of non-working days only with certain areas of the company, guaranteeing that those essential for the continuity of the business maintain their regular operation.
