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July 28, 2022
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National Holidays: Companies that do not pay holidays worked will receive fines of up to S / 241,638

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This July 28 and 29 the in Peru, important festivity that remembers our independence. These days are officially declared as holidays, so if any worker performs work, they must receive a triple payment, indicated the National Superintendence of Labor Inspection (Sunafil).

If you are one of the workers who will carry out their functions normally, whether in person or remotely, we explain how you can calculate how much you will receive according to law and the fines to companies in case they do not comply.

How much should I receive if I work on holidays?

Sunafil indicated that there are three payments that must be received under the following concepts:

  • Payment for the holiday.
  • Payment for the work done.
  • 100% surcharge

The worker will receive this payment if the holiday worked is not replaced. We explain this formula with a simple example:

If a person receives S/ 1,500 (S/ 50 per day) as monthly remuneration, in case they work on July 28 or 29, the following applies:

  • A remuneration for the holiday (S/ 50, already included in the monthly remuneration)
  • A remuneration for the work done (S / 50).
  • 100% surcharge (S/ 50).

In total you should receive S / 150 per holiday worked. In case your employer grants you a rest day in substitution of each holiday worked, you will no longer receive any additional amount”, he pointed out.

He explained that micro and small business workers also have the right to enjoy paid breaks on non-working holidays.

Fines for failing to pay

Regarding non-compliance with payments related to breaks on non-working holidays, the supervisory body maintained that it is considered a “very serious” infraction and depending on the type of company and the number of workers affected, it can be sanctioned as follows:

  • If it is a microenterprise, the fine ranges between S/ 1,058 and S/ 3,128.
  • If it is a small company, the fine is between S/ 3,542 and S/ 35,190.
  • If it is a non-mype, the fine will be considered between S/ 12,098 to S/ 241,638.

It is important to specify that the employer could choose to grant a substitute rest instead of the mentioned payments.

In this case, only one day of rest corresponds to the holiday worked, even when it coincides with the weekly rest.

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