The National Superintendence of Labor Inspection (Sunafil) established new criteria to guarantee workers’ right to rest and to avoid the accumulation and postponement of their vacations. Resolution No. 830-2023-SUNAFIL/TFL-First Chamber provides that the non-enjoyment of vacation breaks in the following year will constitute an irremediable infraction.
According to the new regulation, paying the corresponding remuneration and indemnity may not rectify this offense. It may result in penalties for companies for not authorizing mandatory annual leave for their workers, contradicting previous resolutions that allowed accumulating up to two consecutive vacation periods with the corresponding payment made by the employer.
Requirements for vacation leave
- To have one year of service in the company.
- To have a minimum number of days worked: for those who work six days, to have worked at least 260 days and for those who work five days, to have worked at least 210 days.
- No unjustified absences of more than ten days in the same period.
Suppose the employee terminates his labor relationship before the end of the year (dismissal or resignation). In that case, the employer must pay the vacation remuneration proportional to the months and days worked within 48 hours of the termination.
In Peru, formal workers under the General Regime are entitled to 30 calendar days of uninterrupted paid physical rest for each full year of service. In turn, the MSE regime is permitted to 15 days by law.
Given this, it is essential to plan the vacation period of the company’s workers and schedule the vacation rest promptly to avoid penalties.