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In July, people living in Peru enjoy several holidays, including July 23, which was declared a day to commemorate the sacrifice of Captain FAP José Abelardo Quiñones Gonzales during an air mission in a conflict with Ecuador in 1941. Because that day is a holiday, many citizens can rest at home; however, there are companies that continue to operate normally due to the industry they are in, which means their employees must go to work as usual.
Although going to work normally during a holiday has its benefits because you will receive extra pay, that only happens if you actually go to work and if they don't give you a replacement rest day for July 23. Here, we will provide you with more information so you can know your rights.
How much will they pay for the July 23 holiday?
In an interview with "El Peruano," labor expert César Puntriano Rosas indicated that if someone has to work on that day, they will receive an extra payment equivalent to two additional days of remuneration at the end of the month, since the payment for July 23 is already included in the monthly remuneration for that month (applies to in-person and remote work). In other words: the amount is already included in the salary, additional payment for the work performed (additional payment for the holiday shift), and additional payment for working on a holiday (without subsequent substitute rest).
For example, if a person earns S/ 1,500 monthly, their daily remuneration is equivalent to S/ 50 (1500 divided by 30 days). So, in addition to their salary, they will receive an additional S/ 100 (one day of remuneration for the work plus the extra S/ 50 + S/ 50).
What happens if the company doesn't pay me for the holiday?
Not paying the additional amounts for working on a holiday is considered very serious and can result in the workplace receiving a fine, which depends on the type of company:
- Microenterprise: between S/ 1,058 and S/ 3,128.
- Small business: between S/ 3,542 and S/ 35,190.
- If it's not a MYPE: between S/ 12,098 and S/ 241,638.
How can you report the lack of payment for working on a holiday?
If the company does not comply with the payment and has not offered a substitute rest day, then you must contact the National Superintendence of Labor Inspection (Sunafil), by calling 390-2780 or sending an email to [email protected].
Why is July 23 a holiday?
In 2023, the Congress of the Republic decided to declare July 23 a national holiday every year to pay tribute to José Abelardo Quiñones Gonzáles, a captain of the Peruvian Air Force (FAP), who died on July 23, 1941, after giving his life to defend the country during the war with Ecuador. The decision was made through Law No. 31822.