October 8 marks Angamos Combat Day, and despite being holidayThere are those who have to work that day. What happens if a person works that day and does not receive substitute rest?
Álvaro Gálvez, manager of the Legal Center of the Lima Chamber of Commerce (CCL), assured that the worker has the right to an additional payment. This payment is made up of ordinary remuneration for the day not worked (already included in the monthly salary), the salary corresponding to the actual work performed, and an additional bonus.
Thus, if, for example, a worker earns S/1,500, his daily salary is S/50 (S/1,500 ÷ 30). In case of work on the October 8 holiday, the total payment will be: S/50 (holiday) plus S/ 50 (day worked) plus S/ 50 (100% surcharge), which adds up to S/150 for that day.
However, the CCL clarifies that, although it is commonly called “triple remuneration”, the worker receives double his daily salary as an extra, since the first component (S/ 50 for the holiday) is already incorporated into his monthly remuneration.
“If the holiday coincides with the weekly rest day, the worker will only receive S/ 50 for said rest, and not for the holiday,” noted the representative of the business union.
It should be noted that article 5 of legislative decree 713 is the one that establishes that “workers have the right to paid rest on holidays established by law, as well as those determined by specific legal device.”
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