The Labor Directorate called on trade employers to respect the mandatory and non-waivable holiday of their workers on September 18 and 19.
The supervisory body recalled that the double holiday means that trade must be closed from 9:00 p.m. on Friday, September 17 and until 6:00 a.m. on Monday, September 20, 2021.
The DT will receive the complaints on its website and also on the number 600 450 4000, the latter, between 09:00 and 14:00 hours on the 18th and 19th.
Favoured and exempted workers
Trade workers are considered to be all those who work in an establishment of this nature and whose functions are related to the sale or direct sale to the public of the goods or products offered therein.
Exempt from the mandatory and non-waivable holiday of September 18 and 19 are commercial workers who work in: restaurants; entertainment establishments, such as cinemas, live shows, discos, pub, cabaret; commercial premises at public civil airfields and airports; gaming casinos and other legally authorized gaming venues; fuel dispensers, emergency pharmacies and pharmacies that must meet shifts set by the health authority.
The clerks of the so-called “convenience stores” attached to the servicentros must also work if they sell food prepared right there.
As compensation, since 2016 workers who are exempt from the mandatory and inalienable holiday – this time from September 18 and 19 – can rest at least once every two years if they continue to be hired by the same employer, being able to agree with him the rotation of the necessary personnel for this purpose. For example, if a worker worked on September 18 and 19, 2020 and continues to work for the same employer, this time he or she will need to rest.
Sanctions
On this occasion, the employer who does not comply with granting the mandatory and unwaivable holiday or does not give the alternate rest every two years is exposed to fines ranging from 5 ($263,155) to 20 ($1,052,620) UTM for each worker affected by the infraction.
Last year across the country 15 companies were fined for not respecting the holiday, totaling 20 million pesos.
Commercial premises attended by their own owners and / or direct relatives can open, because there is no employment relationship in this case.
