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Insights on national and non-working holidays
As a result of the promulgation of Law No. 31788 and Law No. 31822, two new days have been included in 2023 as national holidays for the public and private sectors.
Below we will briefly comment on each of them and share an updated list of national non-working holidays that all employers must take into consideration:
1. June 7 holiday
Law No. 31788, published on June 15, 2023, amended Article 6 of Legislative Decree No. 713, which consolidates the legislation on paid leaves of the employees subject to the labor regime of the private sector.
This decree includes June 7 of every year as a new national holiday to commemorate the Battle of Arica and Flag Day, which also apply to public entities.
2. June 23 holiday
Law No. 31822, published on July 8, 2023, amended Article 4 of Law No. 16126, which declared José Abelardo Quinones Gonzales, Peruvian Air Force Captain, as a national hero, by including July 23 of every year as a new national holiday to commemorate such hero.
It should be noted that the provisions related to national non-working holidays contained in Legislative Decree No. 713 and its Regulations, approved under Supreme Decree No. 012-92-TR, will also apply to these new holidays declared for June 7 and July 23.
In that sense, the current national non-working holidays for the public and private sector are the following:
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Day
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Festivity
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January 1
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New Year’s Day
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To be determined every year
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Maundy Thursday and Good Friday
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May 1
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Labor Day
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June 7
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Battle of Arica and Flag Day
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June 29
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Saint Peter and Saint Paul
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July 23
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Commemoration of the heroic sacrifice of Peruvian Air Force Captain José Abelardo Quinones Gonzales
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July 28 and 29
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Peruvian Independence
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August 6
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Battle of Junín
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August 30
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Saint Rosa of Lima
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October 8
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Battle of Angamos
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November 1
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All Saints’ Day
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December 8
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Immaculate Conception
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December 9
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Battle of Ayacucho
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December 25
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Christmas Day
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We recommend that all employers take this list into consideration to manage their activities, schedules, and work shifts, as well as to determine the remuneration to be paid to the employees who work on any of such holidays or to grant the respective time-in-lieu, if applicable.
Please consider that
The next holiday in 2023 is July 23, which was recently declared. For such reason, the following must be taken into consideration:
- This holiday coincides with the mandatory weekly rest day (Sunday) of many employees.
- In case employees rest on that day, the employer must make a single daily payment to such employees, which will include the pay for both the rest day and the holiday.
- Otherwise (i.e., in case an employee works on that Sunday), the employer can grant time-in-lieu or a differentiated pay for the work performed (equivalent to the pay for the work performed plus a 100% surcharge).