As the holidays of May 14 and 15 do not move, many workers (who will have to go to their jobs this weekend) wonder how they should be paid these days. In this note we explain.
Karina Gómez, Director of Labor at the Ministry of Labor, explained in a conversation with HOY Digital that when national holidays fall on Saturdays or Sundays and the form of payment is monthly or daily, the institution must recognize the officials who worked on said rest day. , twice the salary ordinarily paid for that period.
The labor authority explained that this measure applies both to those who do not usually work on weekends and who just have to go to work on these days, as well as to those who have their effective working day in their contract to work on Saturdays and Sundays. He explained that many supermarket or pharmacy employees work from Tuesday to Sunday and Monday is their day off. They also receive double remuneration because it is a national holiday.
Although a holiday stipulates the obligation of the worker to rest, the job establishes a relationship of subordination and dependency of the employee with the employer, for which the employers can make their collaborator work for A or B reason and this cannot refuse the employer. requested, according to Gomez. However, he stressed that the worker can and must demand compliance with the double remuneration for that work on a holiday.
In four years in office, the Director of Labor has never received any complaint about non-compliance of this type, according to what she said, but she did acknowledge that employees often do not corroborate in their salary settlements if they actually received the extra payment for the holiday (this also applies to overtime).
He also commented that there is an irregular practice in many companies, where they make employees work on holidays, pay them a normal wage and offer them another day off. These cases must be reported for the Ministry of Labor to intervene.
To calculate the extra payment for a holiday, as Karina Gómez exemplified, you must specify the type of worker. For example, a monthly worker with a minimum wage must divide his salary (G. 2,289,342) by 30, resulting in G. 76,311, which must be multiplied by two and gives the final amount of G. 152,622 (money he will receive for work a holiday). If he is a day laborer, the minimum daily wage must be multiplied by two (G. 88,051), and the amount to be collected is G. 176,102.
