The right to leave is recognized in article 25 of the Peruvian Political Constitution. Abstract: 1. Introduction; 2. Conceptualization: law and constitutional framework; 3. Payment and payment; 4. Splitting, accumulation and reduction of leave; 5. Payment and Indemnification; 6. Conclusions. Freight forwarders` vacation pay is determined on the basis of the average of the commissions the employee receives during the semester. The executive today issued Legislative Decree 1405, which regulates the enjoyment of paid leave and provides for© the splitting of leave. Therefore, it is the amount that corresponds to it for truncated holidays. The conditions of access to ± leave are the year of work and accreditation in the year±o a minimum number of effective working days. Compliance with these assumptions is essential.
Whereas Article 2(1) of the 1936 Convention on Wage Leave (No 52), approved and ratified by the Peruvian State on 1 February 1960, provides that any person to whom this instrument applies is entitled to paid annual leave of at least six working days after at least one year of uninterrupted service; If the employee does not benefit from leave, he has the right to access the triple leave. Finally, according to Article 19 of Article 713 of December, the leave may be „reduced“. This rule allows the leave to vary from 30 to 15 days, with the respective compensation of 15 days of remuneration. The reduction agreement must be in writing. Leave shall be governed by the following legal provisions: (5) The duration of paid annual leave shall be progressively extended with the duration of the period of service in accordance with the procedures laid down by national legislation. In accordance with Article 3(1) of the 1981 Convention on Workers with Family Responsibilities (No. 156), approved and ratified by the Peruvian State on 16 June 1986, each Member State, with a view to achieving effective equality of opportunity and equal treatment of workers, is one of the objectives of its national policy of enabling persons with family responsibilities to exercise or wish to: the employment exercises its right to do so without discrimination and, as far as possible, without conflict between its family and professional responsibilities; Leave may not be granted if the employee is unable to work due to illness or accident. This provision does not apply if the incapacity for work occurs during the holiday season. This international standard specified that all workers, including part-time workers, must have the right to leave for at least six days. 1. Every person to whom this Convention applies shall be entitled± after one year or a period of uninterrupted service, to©annual leave with a salary of at least six working days.
Next, we share a practical example of shortened leave: for example, the standard of the Ministry of Labour and Employment Promotion, developed in consultation with the PCM and Le Servir, establishes rules so that paid leave for civil servants promotes the reconciliation of work and family, with which leave can be divided for periods of less than 7 days. prior consultation with the employer. On the other hand, holidays are also©internationally recognized. In this way, ratified conventions of the International Labour Organization (ILO) are respected in our constitutional bloc. In particular, Convention 52 of 1936 stipulated the following: Technical Report©083-2019-MTPE/ 2/14.1 explaining the 22-day leave system as part of a 5×2 days application of periods of splitting the break from leave. The amount to be paid on July 1, 2020 for the start of the holiday is S/1,495.83 To enjoy the holiday± you need to meet two requirements: meet one year of work and meet the holiday cable©. In the case of discontinuous or seasonal work the duration of which is less than one year but not less than one month, the employee receives one twelfth of the remuneration for each monthly leave of the work actually performed. Annual leave may also be cumulated up to two consecutive breaks, provided that a break of seven calendar days is granted after at least one year of uninterrupted service. This is called the „sale of leave“ because the employee has these 15 days for a sum of money through a written agreement. Remember that this is an absolute limit of 15 days, any provision superior according to the principle of „non-waiver of rights“ is null and void.
Leave is paid as regular pay; However, in the event that the employee does not meet the requirements, the payment will be taken care of for the months worked. This payment is often referred to as „shortened leave“. An employee is entitled to his normal salary during his annual leave. Payment must be made before the start of the annual leave. Annual leave must be planned by mutual agreement between the employer and the employee, taking into account the operational needs of the company and the interests of the employee. Public holidays are a right recognized in the Constitution and ILO Convention 52. busquedas.elperuano.pe/download/url/decreto-supremo-que-aprueba-el-reglamento-del-decreto-legisl-decreto-supremo-n-002-2019-tr-1738190-4 you need to enjoy 30 days of vacation, but you can split, accumulate or reduce (sell). This right is governed by Legislative Decree 713 of 8.11.1991, which lays down the requirements, their nature and characteristics. This norm and Supreme Decree 012-92-TR regulate the exercise of the right to leave the Peruvian system. In the event of termination of the employment relationship, the rest days granted in advance to the employee are remunerated with the shortened days of leave acquired on the day of termination.
Rest days granted in advance that cannot be compensated by the short-term leave days acquired do not create an obligation for the employee to compensate. Legislative Decree No. 713 provides for annual leave for all employees at the end of one year of uninterrupted service with the same employer. An employee is entitled to 30 days of paid annual leave, which requires one year of service calculated from the time he or she began work for his or her employer. There is no provision in the law indicating the amount of increases in annual seniority leave. Employees are entitled to paid holidays during public and religious holidays. This is usually 12 days a year. Public holidays in Peru include: New Year`s Day (January 1), Maundy Thursday (April 17), Good Friday (April 18), Labor Day (May 1), St. Peter and St. Paul (June 29), Independence Day (July 28 and 29), Battle of Angamos (October 8), All Saints` Day (November 1), Immaculate Conception Day (December 8) and Christmas Day (December 25). If the employment contract expires before an employee can acquire the right to annual leave, vacation pay is granted in proportion to the number of months and the number of hours worked during a week. Leave is the right of the employee to suspend the provision of his services for a certain number of days per year± without©loss of the usual remuneration, the use and compensation of which are governed by law or contract[1].
Leave is an employment law in which a private sector employee is entitled to 30 paid calendar days for each full year of service.
