¿Is it possible to grant vacation for periods less than 7 natural days continuous?

July 20, 2018

In principle, this possibility is prohibited by our current law - Legislative Decree No. 713, Law on paid breaks for employee’s subject to the labor regime of private activity-.

 

This legal norm expressly states that the employee must enjoy the holiday rest uninterruptedly; however, Article 17° of the aforementioned law specifies that the employer may authorize paid vacation in periods that may not be less than 7 calendar days.

 

Recent court decision generates debate

 

Notwithstanding the above, a recent court decision issued by the second instance court (Superior Court of Justice of Lima) has outlined an interpretation or scope different than the one described, establishing the possibility of granting vacation period lower than the minimum established by law.

 

Although said judicial decision may be appealed before a Final Judicial instance - Supreme Court of Justice of the Republic - and presents particularities inherent in the case, this criterion has generated debate and would be aligned with the management of vacation periods of a lot of companies in our country that grant their employees split periods in 2, 3 or 5 days -to give an example- according to their operational requirements.

 

We will keep you informed of new jurisprudential criteria.

 

 

Fuente: Diario El Peruano

 

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