Prior agreement with the employer and without subsequent substitute rest. For Easter, Thursday 6 and Friday 7 April are national non-working holidays for public and private workers. In the case of days declared non-working for the public sector, private sector workplaces can take advantage of these days, prior agreement between the employer and its workers.
The Chamber of Commerce of Lima (CCL) reported that, according to Legislative Decree 713, Paid Rest Law, Thursday, April 6 and Friday, April 7 of Holy Week are days declared national holidays for public and private workers, therefore, they must be paid in full with no obligation to provide services on the part of the workers.
However, the manager of the CCL Legal Center, Álvaro Gálvez, indicated that there are some work situations that can occur on the occasion of these Easter holidays:
Work on Thursday and Good Friday. – Private sector workers who agree with their employers to work on Good Thursday or Good Friday or both days, without subsequent substitute rest, they must receive a “triple” daily remuneration for each holiday: one for the holiday and another for the work done, which is compensated with the surcharge of 100%.
Work on holidays with later rest. – Workers who agree to work on Holy Thursday or Good Friday, or both, with subsequent replacement restThey only receive their normal salary.
Remote work/telework. – The personnel who have been providing remote work or teleworking, do not work on Good Thursday and Good Friday, have the right to receive their salaries without working. In case of agreeing with their employer to work during Holy Week, without subsequent rest, they will also have the right to receive “triple” daily remuneration.
Weekly rest that coincides with holidays. – The worker whose weekly rest coincides with one of the holidays (Thursday or Good Friday) receives his normal remuneration.
Vacation. – Workers who are on vacation on Good Thursday or Good Friday are not entitled to additional remuneration for said holidays.
NON-WORKING DAYS COMPENSABLE 2023
The CCL also mentioned that through Supreme Decree 151-2022-PCM, the following non-working days were declared for public sector workers nationwide: Monday, January 2, 2023, Friday, April 28, 2023, Friday, June 30 Thursday, July 27, 2023, Monday, October 9, 2023, Thursday, December 7, 2023, Tuesday, December 26, 2023, and Tuesday, January 2, 2024.
In this sense, the business union maintained that the private sector workplaces can take advantage of these non-working days, prior agreement between the employer and its workers, who must establish how the recovery of the hours stopped working will be made effective. In the absence of agreement, the employer will decide.
Non-business days are considered business days for tax purposes.
Likewise, private sector workers who work on days declared non-working will receive their daily wages normally, without additional surcharge.
On non-working days, the heads of state entities will adopt the necessary measures for the provision of essential public services for society.
The CCL noted that public entities and private companies that provide sanitary and health services, cleaning and sanitation, electricity, water, drainage, gas and fuel, burials, communications, transportation, ports, airports, security, custody, surveillance, transfer of valuables and the sale of groceries and food, must determine the jobs that will serve the public, in order to guarantee essential services to the community.