The Government published in El Peruano the Law No. 31530, which establishes August 6 as a new national holiday in commemoration of the Battle of Junín. The provision reaches workers in the public and private sectors, who have the right to rest that day and be paid in the normal way, as in a regular calendar holiday.
However, according to Katy Noriega, principal associate of Philippi Prietocarrizosa Ferrero Du & Uría, this provision can generate a certain degree of confusion if articles 1 and 2 are reviewed together.
This, insofar as the purpose of the rule, as indicated, is to add a new national holiday in all public entities and institutions, but for this, in article 2 it orders the modification of Legislative Decree No. 713 that regulates, among others , the list of holidays for workers subject to the private activity regime.
Therefore, this new holiday, without a doubt, ends up being applicable to both private and public, although it was not mistakenly indicated as such.
So, this holiday receives the same treatment as the other 13 national holidays that already existed in the relevant regulations.
What if I have to work on August 6?
In case there is a need for the company to have the worker and he goes to his work center or performs remote work, the National Superintendence of Labor Inspection (Sunafil) explains that two scenarios can occur:
- That the employer grants a day in compensation for the day worked.
- If there is no compensation, the worker must receive three remunerations: one for the holiday, one for the work performed and a 100% surcharge.
How much should the worker receive for working on this holiday?
August 6 is a holiday, that is, a day of paid rest, recognized by legal regulations, which does not require subsequent compensation by workers.
This, unlike non-working days, are also days of paid rest, but they are usually recognized in infralegal regulations and require subsequent compensation by the workers.
That said, Katy Noriega explains that if a worker works on this day, they might be paid three times a day. For example, if you work this August 6, without substitute rest, you must pay: 1 daily remuneration for the work carried out, 1 daily remuneration for the unused holiday rest and 1 remuneration as a surcharge (100% on the remuneration daily) provided by law. This is the current criterion adopted by Sunafil.
Its recognition and application is not optional on the part of the employer, but rather mandatory.
