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Legal Treatment of November 1st and November 2nd, 2018 in Peru

National Non-Working Holiday of November 1st and

Non-Working Day of November 2nd, 2018

Remunerative treatment of the National Non-Working Holiday of “All Saints Day”

This upcoming Thursday, November 1st, the National Non- Working Holiday of “All Saints Day” will be celebrated in Peru.

Here is a practical analysis of the 3 scenarios that could be presented in the different work centers:

Remunerative treatment for the “Non - Working Day” of November 2nd

Friday, November 2nd, 2018, has been declared a Non-working day for workers in the Public sector by virtue of Supreme Decree No. 021-2017-TR.

Therefore, the hours left to work on said date must be compensated in the following week or at the opportunity established by the owner or representative of each Public entity for such purposes, according to their own needs.

  • Indeed, the employers of the several operating centers of the private sector may agree with their employees not to work on such date and will have to recover the hours left to work at the opportunity determined by both parties. Nevertheless, in the absence of agreement, the employer will decide.

  • "Simple payment": In case the private sector employees work on such date, the payment of any legal surcharge will not proceed. Therefore, the payment will correspond to an ordinary day of work.

Yes. The indispensable tasks in all types of companies, whose paralysis endangers the people, the security or conservation of the goods or prevents the immediate resumption of the ordinary activity of the company, are exempted from the Non-Working Day.

It is up to the employer to determine the tasks that qualify as "indispensable" and the list of the workers who must perform them.

November 2nd, 2018 is considered a business day for tax purposes.


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