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This month, people living in Peru enjoy several holidays, including July 23rd , which has been declared as a day to commemorate the sacrifice of Captain FAP José Abelardo Quiñones Gonzales in an aerial mission during the 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, and that means their employees must go to work as usual.
Although going to work as usual during a holiday has its benefits because you will receive extra pay, of course that happens as long as you go to work and if they do not give you a rest day in place of July 23rd. Here's more information so you can know your rights.
How much will they pay for the July 23rd holiday?
In an interview with "El Peruano", labor attorney César Puntriano Rosas indicated that if someone has to work that day, they will receive an extra amount equivalent to two additional days of pay at the end of the month, since the payment for July 23rd is already included in the monthly salary for that month (applies to in-person and remote work). That is to say: the amount is already included in the salary, plus additional payment for the work done (additional pay for the holiday workday), and additional payment for working on a holiday (without subsequent substitute rest).
For example, if the person earns S/ 1,500 monthly, their daily salary 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 pay for the work plus the extra S/ 50 + S/ 50).
What happens if the company does not pay me for the holiday?
Not paying the additional amounts for working on a holiday is considered a very serious matter 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 is not an 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 23rd a holiday?
In 2023, the Congress of the Republic decided to declare July 23rd a national holiday every year in order to pay tribute to José Abelardo Quiñones Gonzáles, a captain of the Peruvian Air Force (FAP), who died on July 23rd, 1941 after giving his life to defend the country during the war with Ecuador. This decision was made through Law No. 31822.