On July 23, for the second consecutive year, it is celebrated as a holiday, but being relatively new, not everyone knows the reason or the importance of the date, beyond the fact that it allows for rest or to receive additional pay for those who have to work.
During the month of July, people dedicate themselves to making plans to celebrate National Holidays, whether with a trip within or outside the country, a weekend at a recreational tourist venue, or simply spending time with family or friends. But since 2023, the holiday on July 23 is added to the plans.
WHY IS JULY 23 A HOLIDAY?
The Congress of the Republic officialized the Law No. 31822, published on July 8, 2023, declared “Day of the Air Force of Peru and national holiday, July 23 of each year, in commemoration of the heroic sacrifice of Captain FAP José Abelardo Quiñones Gonzáles.” The national hero died giving his life to defend the country during the war with Ecuador in 1941.
Born on April 22, 1914, in Chiclayo, Peru, Quiñones became a combat pilot in the Peruvian Air Force. During an air attack in the city of Quebrada Seca on July 23, 1941, his plane was severely damaged by enemy fire and was engulfed in flames. Despite the injuries and the difficult circumstances, Quiñones decided not to eject from the aircraft to avoid harming the civilian population. Instead, he steered his burning plane towards an uninhabited lot, sacrificing his own life in an act of bravery and heroism.
Captain FAP José Abelardo Quiñones sacrificed himself during the War with Ecuador (Photo: El Peruano)
FOR WHICH WORKERS DOES THE JULY 23 HOLIDAY APPLY?
The holiday is for all workers who have the right to rest without distinction of nationality, religion, political ideology, etc. These holidays must be paid, without the obligation to work, states Legislative Decree 713.
HOW MANY HOLIDAYS DOES PERU HAVE?
Peru has a total of 16 official holidays, according to Article 6 of Legislative Decree 713:
- New Year (January 1) – Already passed
- Holy Thursday and Good Friday (movable) Already passed
- Labor Day (May 1) Already passed
- Battle of Arica and Flag Day (June 7) Already passed
- Saint Peter and Saint Paul (June 29) Already passed
- Commemoration of the heroic sacrifice of Captain FAP José Abelardo Quiñones Gonzales (July 23) Already passed
- National Holidays (July 28 and 29)
- Battle of Junín (August 6)
- Santa Rosa de Lima (August 30)
- Combat of Angamos (October 8)
- All Saints (November 1)
- Immaculate Conception (December 8)
- Battle of Ayacucho (December 9)
- Christmas (December 25)
It is important to have holidays and non-working days identified (Photo: Freepik)
WHAT HAPPENS IF I AM ON VACATION DURING THE HOLIDAY?
Workers who are enjoying their annual vacation during the holiday are not entitled to additional pay; as, prior to the vacation rest, the company already paid them their salary, which includes the holiday or holidays. Holidays are paid in full and are not subject to later compensation.
HOW MUCH SHOULD THEY PAY YOU IF YOU WORK ON A HOLIDAY?
If you have to work on a holiday, the law states that, if the employer does not assign substitute rest days for their workers, the latter will receive triple pay for the following concepts:
- One payment for the holiday: amount included in the regular salary.
- A second payment for the work performed: additional payment for the work done.
- A third payment for working on a holiday: for having worked on a holiday, without a subsequent substitute rest.
It is worth noting that you should consider that it may happen that this holiday coincides with a worker’s mandatory weekly rest.
In this case, if the worker enjoys the rest, there is no additional payment. If they work, the previously mentioned payment applies, that is, payment for the work performed with a 100% surcharge on that value. Payment for work performed on a holiday is recorded in box with Code No. 107 of the PDT Plame.
WHAT HAPPENS IF THE COMPANY DOES NOT PAY ME FOR MY WORKED HOLIDAY?
Failure to pay related to holiday rests is considered a “very serious” infraction and, depending on the type of company and the number of affected workers, it may be sanctioned as follows:
- Microenterprise: the fine ranges from S/1,058 to S/3,128.
- Small Business: the fine ranges from S/3,542 to S/35,190.
- If it is a non-micro or small business: the fine ranges from S/12,098 to S/241,638.
MORE INFORMATION ABOUT HOLIDAYS
WHO DECIDES THE HOLIDAYS IN PERU?
The Congress of the Republic is primarily responsible for establishing national holidays through laws. These laws are generally promulgated in the official newspaper El Peruano.
Additionally, the Executive Branch, through the Ministry of Labor and Employment Promotion, can declare non-working days by Supreme Decree. These non-working days are not considered national holidays, but they have the same effect in terms of paid rest.
HOW DO I REPORT THE FAILURE TO PAY MY HOLIDAY?
You can file a complaint with the National Superintendence of Labor Inspection (Sunafil). You can contact them at 390-2780 or also write to the email [email protected].
WHAT IS THE ECONOMIC IMPACT OF A LONG HOLIDAY?
The holiday aims to boost the tourism sector. According to figures from the Ministry of Foreign Trade and Tourism, the long holiday for National Holidays in Peru has exceeded expectations, mobilizing around 1.5 million visitors in the country, generating an economic impact of 189 million dollars.
