Overview
- The national holiday on Thursday 8 October guarantees formal public and private workers a paid day of rest and their ordinary monthly pay for that date.
- Teleworkers have a legal right to digital disconnection on the holiday, so receiving work messages or tasks that require response can violate that right.
- If an employee works the holiday without receiving a substitute rest day they must be paid for the day worked and receive a 100% surcharge, producing the equivalent of three daily remunerations in many cases.
- Some continuous or essential activities such as mining, oil, industrial operations, hotels, restaurants and cinemas may require staff to work on 8 October but must follow rules on substitute rest and extra pay.
- Workers can file complaints with Sunafil for breaches and employers risk fines reported between S/14,465 and S/288,915 for very serious violations depending on the number of affected workers.