If I work on May 1st: how do I get paid?

2023-04-28 13:46:00

Next week will take place first long weekend in May, on the occasion of the commemoration of International Labor Day on May 1.

And although it is a highly respected holiday, it may happen that depending on the task and the sector in which some workers work, it is essential that they work. Under these conditions, the Labor Contract Law (20744) establishes that those who provide services will have access to extra remuneration as an additional payment.

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In this way, those who are reached by the Law employment contract.

According to said Law, Holidays worked are additional days.

This means thatYou must receive the normal remuneration for a working day, plus an amount of the same amount. That is why it is said that holidays are paid double.

What does the Employment Contract Law say?

The text of the Law explains in its Title VI corresponding to mandatory holidays and non-working days.

A holiday is not the same as a non-working day.

In Article 166 that deals with theapplication of the rules on weekly rest; salary and supplementation says:.

“On national holidays, the legal norms on Sunday rest apply. On said days, workers who do not enjoy the respective remuneration will receive the salary corresponding to them, even when they coincide on a Sunday.

inhuman labor

In the event that they provide services on such days, they will charge the normal remuneration for working days plus an equal amount.

Are there differences between a holiday and a non-working day?

Yes, there is a concrete difference.

In the holidays days national regulations govern the legal norms on Sunday rest. Therefore, the worker is not obliged to provide services, and might only do so as an exception.

Instead, in the non-working dayswork is optional for the employer, except for banks, insurance and related activities.

In this regard, Article 167 of the Labor Contract Law explains: “On non-working days, work will be optional for the employer, except in banks, insurance and related activities, as determined by the regulations. On said days, employees workers who provide service, will receive the simple salary”.

And it adds: “If the employer chooses a non-working day, the wage will also be paid to the worker.”

LR

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