Holy Week approaches and, with it, the expected holidays that for many will be the occasion of a long weekend of rest and enjoyment with family and friends.
However, for others, it will not necessarily mean the same thing. Companies must take into consideration the legal treatment that will apply for next Thursday, April 18 and Friday, April 19, 2019, determined as non-working holidays nationwide for workers in the public and private sectors, regarding the aforementioned holiday.
In that sense, we have prepared a Q&A in order to solve some of your doubts:
Which scenarios could arise in the different work centers?
What happens if an employee works on non-business holidays only for a few hours on such dates?
Even if the worker does not fulfill the complete working day established by Law (8 hours) or the one that rules in the work center, it should be considered as a worked holiday in the same way. Therefore, the provisions of the preceding chart will apply, as appropriate.
And, if a Company usually operates throughout the week, can it require its workers to attend despite the non-working holidays?
Under this assumption, understanding that the productivity of the Company cannot be stopped for logical, valid and objectives reasons, if the employer has arranged that the Company will operate regularly during the holidays that are in principle non-working, employees must attend to the workplace, and the remunerative treatment indicated above will be applied as required.
However, if the worker does not attend to his/her workplace and does not file a valid justification, the employer may apply a reasonable sanction to such misconduct, since the employee would be incurring an unjustified absence.
Exception Case
It is very important to emphasize that it will not be considered as "work on a non-working holiday", if the work shift begins on Wednesday, April 17th (working day) and concludes on Thursday, April 18th of the present year 2019.
TThe Regulation of the Law of Restituted Rest of Workers of the Labor Regime of the Private Activity specifies this scope.
When should the payment of "additional" remunerations be made for working on a non-working holiday?
In this present case, the surcharge payment must be paid on April (the month when the provision of work). However, if the company's payroll closes on April 17th, for example, the payment must be made and contemplated on the worker's payment slip of May 2019.
What sanction would a company receive for not paying the surcharge?
The sanction will be imposed by SUNAFIL if committed and verified, being considered as a "Serious" infraction the non-full and untimely payment of the remuneration to which a worker is entitled for this concept, as well as a "Very Serious" infraction of the provisions related to rest on a non-working holiday. The amount of sanctions will depend on the number of workers involved.
AOV ABOGADOS
April 2019