In particular, the holiday of October 28 is included in the holidays that have been classified as optional by law. However, private businesses in our country are late in the event that October 28th has been designated a holiday by a provision of the Labor Code of the company, by business habit and custom, during which the business remains closed on this day.
a) For non-operating businesses:
1) Those who work five days, are paid a day’s wages and will not be employed on Saturday 28 October 2017, should receive one day’s wages in addition.
2) Wage workers who will not be employed on Saturday 28 October 2017, due to a five-day working system, are not entitled to receive anything beyond their monthly salary. However, since October 28 is a holiday for them, they are entitled to 1/25 of their monthly salary.
On a six-day employment system, those employees who are paid a daily wage and are not employed on October 28, 2017, will normally receive the corresponding daily wage, (6 days’ wages in total per week) while those who are paid a salary are not entitled to any other remuneration beyond their salary.
b) For businesses that operate legally
Employees who will be employed are entitled
1) if they are paid a daily wage, their usual paid daily wage and a 75% surcharge that will be calculated on their legal hourly wage for all the hours they are employed.
2) in the event that employees are paid a monthly salary:
a) if it is a business that is late on October 28 and operates this year on an emergency basis, 1/25 of their normally paid salary is due and an additional 75% increase on the legal daily wage for as many hours as they are employed.
b) if it concerns businesses that normally operate on October 28, only a 75% increase is due, calculated at 1/25 of their legal daily wage for all the hours they work.
In the event that more favorable terms apply (e.g. from the Collective Labor Agreement, Labor Regulations, business custom or custom) regarding the pay increases for work on a mandatory holiday or Sunday, these prevail.
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