Regarding the economic compensation for this day offPeruvian regulations establish that workers in the private sector Those who work on holiday are entitled to three times their daily salary. This provision dose not apply, however, unless there is an agreement between the employer and the worker up to date compensatory rest which replaces the workers’ holiday.
For example, if a person receives minimum wage 1,025 coins per monthhis daily reward is equal to 34.16 coins. If you work during Day of the Battle of Ayacuchothe corresponding payment must be calculated by doubling this amount, which would make the figure of 102.48 coins only for that day.
Sunafil clarifies that workers will receive triple payment for their working hours for holidays worked. (Photo: Andina)“The triple payment is granted for the following concepts: the normal reward corresponding to the holiday, one for the work done and an additional surcharge of 100%,” indicated the National Supervision of Labor Supervision (Sunafil).
Conversely, the worker is not considered to have worked on holiday when his shift starts December 7 and ends the next day, December 8despite the fact that it coincides with the non-working date. However, those employees who work during the December 9whether in person or remotely, without compensatory rest, the right to receive three types of payment: the remuneration corresponding to the holiday, an additional payment for the work performed and a surcharge equal to the 100% of your daily salary.
Failure to comply with these provisions is considered an infringement very serious in the field of labor relations, according to Sunafil. Sanctions can be up to 53.176 coins (same as 11.56 OUT(c) in cases where a maximum of 100 workers are affected. This Regulation reinforces the obligation of employers to guarantee adequate rest and remuneration during holidays established by law.
According to details released by the agency Andestomorrow Friday declared national holiday for all public entities and institutions in the country. The date commemorates the Battle of Ayacuchoa historic event that ensured independence.
December 8 and 9 will be long holidays for all sectors.he December 9, 1824United Liberation Army of Peru, led Antonio José de sucreachieve a decisive victory in the Battle of Ayacuchowhich sealed the liberation of Peru and the American continent.
Then, Spain he was going through a period of internal turmoil.Restoration in 1820 the Liberal Constitution of 1812after the fall of the king Fernando VIIgenerated opposition to sending reinforcements to America. As a result, the viceroy José de la Serna he was forced to defend the colonial order only with the resources and military forces available in the country. Viceroyalty of Peru.
Before the fights i June y Ayacuchothe royal troops managed to fight several patriotic expeditions launched in between 1822 and 1823 at the Peru Congress. However, with the arrival of the Simon Bolivardeclared Commander-in-Chief in 1823the story changed.he august 6, 1824in the battle of Junedefeated the patriotic army of the royal general Joseph Canteracwho retired towards Cusco.
200 years after the historic battle of Ayacucho, we remember the decisive confrontation in the Quinua pampa, where the patriotic army, led by Sucre, sealed the liberation of South America. (Martin Tovar and Tovar)October 1824the royals began their movement towards the north, and the independence army, under the command of Sugaradvanced in parallel. After weeks of skirmishes, the two sides finally face each other December 9 in the Ayacucho Pampanear the town of quinoa.
The historian Huamanguino David Quichua he emphasizes that it was only a confrontation between the Spaniards and the Creoles, becuase thousands of indigenous women from regions such as Pomacocha, Vilcas Huaman, Carhuanca, Huancaray y Andahuaylas They supported the patriotic forces. it was a symbol of these struggles Basil of Auquileader of Marachuco.
The patriotic victory forced viceroy La Serna to sign the signature capitalismending Spanish rule and thus consolidating the Independence of Peru.
How can employees address violations of their holiday pay rights according to labor law in Peru?
interview between the Time.news Editor and Labor Law Expert
Time.news Editor: Welcome to Time.news! Today, we have a special guest, Dr.Sofia Lira,a prominent labor law expert specializing in workers’ rights and compensation in Peru. Thank you for joining us,Dr. Lira!
Dr. Sofia Lira: Thank you for having me! It’s a pleasure to be here.
Editor: In recent discussions, especially after the recent clarifications by Sunafil regarding holiday work compensation, there’s been quite a bit of confusion among both employees and employers. can you break down what these new provisions entail?
Dr. Lira: Of course! Under Peruvian law, if workers in the private sector are required to work on holidays, they are entitled to triple their daily wage. This is a significant financial incentive, as it includes the normal holiday pay, an additional payment for the work done, and an extra surcharge of 100%.
Editor: That sounds generous! Could you explain how this applies in practical terms for a worker earning the minimum wage?
Dr. Lira: certainly! As an example, if a worker earns a minimum monthly wage of 1,025 soles, their daily wage would be around 34.16 soles. If they worked during a holiday, such as the Day of the Battle of Ayacucho, they would receive 102.48 soles for that day’s work. this is due to the tripling of the payment as per the regulations.
Editor: And what about the rules regarding shifts that straddle a holiday, such as one that starts on December 7 and ends on December 8? how dose that play into holiday pay?
Dr. Lira: Great question! In that scenario, the worker is technically not considered to have worked on a holiday. However, if they work on December 9 without compensatory rest, they are entitled to the three forms of compensation I mentioned earlier. This ensures that workers are adequately compensated for time worked around recognized holidays.
Editor: It’s critically important for employees to know their rights. What happens if employers fail to comply with these labor provisions?
Dr. Lira: Failure to comply is taken very seriously. Sunafil classifies this as a very serious infringement in labor relations. employers could face sanctions of up to 53,176 soles if up to 100 employees are affected.this is part of the government’s effort to reinforce both the rights of workers and the responsibilities of employers regarding adequate rest and holiday compensation.
Editor: It sounds like the government is really trying to protect workers’ rights in this regard. What should employees do if they beleive their holiday pay rights are being violated?
Dr. Lira: Firstly, they should document any discrepancies between what they were promised and what they actually received. Open dialog with their employer is crucial.If there’s no resolution, the next step would be to report the issue to Sunafil, which provides oversight for labor rights in Peru.
editor: That’s solid advice. As we wrap up, what key takeaway would you like our readers to remember regarding their rights to holiday pay and rest?
Dr. Lira: The key takeaway is to be informed and proactive about your rights. Working on holidays can significantly impact your income, so it’s critically important to ensure you’re compensated fairly. Employers are required by law to adhere to these provisions, and there are systems in place to protect workers.
Editor: Thank you, Dr. Lira, for providing such detailed insights.It’s essential for both workers and employers to understand these regulations fully. We appreciate your expertise!
Dr. Lira: Thank you for having me! It’s been a pleasure discussing such an important topic.