Employer will not be able to split workers’ vacations

Through the publication of the Supreme Decree 002-2019, the executive branch has regulated the period of interrupted vacations, both for workers in the public and private sectors in Peru.

In essence, the norm establishes that under no circumstances can the employer force workers to divide their 30 days of rest but does have the authority to establish the date on which they will be effective.

It also contemplates the possibility that the worker may request fractionated vacations, being part of the requirements, that fifteen days of vacations be fulfilled uninterruptedly and the rest may be fractioned for at least one day for the private sector, and half a day in the case of the public sector, being 7 days, the maximum amount of fractioned days allowed.

The current norm also contemplates the figure of the advancement of vacations. Considering that for each month worked, 2.5 vacation days are generated, the worker will not only be able to have these days but will also be able to request those generated in the future.

If the worker no longer belongs to the company, it be can deducted from the calculation of vacations.

For more information on the subject you can contact us at omago@omcabogados.com and marketing@omcabogados.com.pe