Here the legal aspects of the next holiday on Thursday 8 and Friday 9 December




It is the first time that this holiday is celebrated as it was declared on December 31, 2021, by Law No. 31381.


Thursday 8 and Friday 9 December are holidays, applicable to workers in the public and private sectors. On Thursday, December 8, the Catholic holiday of the Immaculate Conception is commemorated, while on the 9th, the Battle of Ayacucho is commemorated. It should be noted that this is the first time that this holiday has been celebrated as it was declared on December 31, 2021, by Law No. 31381.

As a background to the holiday of December 9, we find that by means of Law No. 24682, issued in the first Government of Alan García, December 9 was declared a working civic day at the national level and non-working only in the department of Ayacucho. In 2017, Bill No. 2254/2017-CR was presented at the initiative of a Broad Front Congressman, with the aim of declaring December 9 a national holiday, a measure that did not prosper.

The rule then is that the staff rest and the employer pays them the holiday normally at the end of the month. These are not recoverable non-working days, so the worker does not have to recover the days not worked later.

It is important to point out that work during the holidays does not generate a “triple” pay but only double. We explain ourselves. If a worker receives S / 1,500 per month, his daily salary is equivalent to S / 50 (1500/30). When resting on December 8 and 9, his remuneration at the end of the month will be S / 1,500 since it already includes the payment of S / 50 for each holiday as long as it is a paid rest. On the other hand, if he works on holidays, in addition to S / 1,500 (which we reiterate already includes S / 50 for each holiday) he will receive S / 100 for working on December 8 or 9. To that extent, if he works only one of the holidays he will earn S / 1,600 at the end of the month, but if he works during both holidays he will receive S / 1,700. The additional payment works unless the employer grants you a paid substitute day of rest.

The aforementioned rules also apply to personnel who perform remote work, since they have the right to digital disconnection during holidays, so they can disconnect at the end of their regular workday on Wednesday, December 7 and will reconnect the following business day.

Finally, let us take into account that not complying with the granting of rest on a holiday qualifies as a very serious infraction in matters of labor relations punishable by a fine by SUNAFIL. The fine will depend on the number of workers affected and can range between S/ 12,098 and S/ 241,638.


Source: The Peruvian

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