Radio26.Cu – Matanzas, Cuba

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National commemoration and holidays according to the Labor Code.

Tamara Caridad Mesa González 2 enero, 2020

In Chapter Ninth of the Labor Code, according to article 94, as national commemoration days and holidays they classify January 1st, the anniversary of the Revolution; May 1st, International Workers Day; July 26th, National Rebellion Day and October 10th, for the beginning of our Wars of Independence.

It also states that they are declared as holidays on January 2nd, July 25th and 27th, December 25th and 31st.

As is already known, during these data work activities recess, except those related to some services and urgent work as continuous production processes, the website workers.cu reported, dated March 12, 2019.

Chapter  Tenth provides what is regulated in terms of salary, and in its second section it specifies the payment on national commemoration days, officials and holidays.

Extensive is article 111 to clarify the way in which those who work on those dates are remunerated and which we reproduce below:

1 a) the workers whose activities recess that day and are subject to the form of payment to performance, are paid the average salary, except when those days coincide with those of their weekly rest or with those in which they enjoy paid annual vacations, unpaid leave or social security subsidy;

2 b) workers whose activities recess that day and are subject to the form of payment on time are paid their daily salary, except when those days coincide with their weekly rest or with those in which they enjoy paid annual vacations, unpaid leave o social security subsidy;

3  c) to workers who are exempt from recess due to the nature of their work or who have to go to work because they have been enabled as workable that day, they are paid double payment of the salary that corresponds to them due to production made or real time worked, including additional payments to which they are entitled. The employer and the worker by mutual agreement, when the latter requests it, may substitute that double disbursement for the work performed that day, for the simple payment and the granting of a day of rest; and

 

4  d) they do not have the right to receive any salary for that day who, due to the nature of their work, are exempt from recessing or because they have been enabled as working days for any of the causes that determine the performance of extraordinary work, they must attend I work and they don’t.

 

It is important to know that when the days of national commemoration coincide with a Sunday, it moves to the next day and is paid as if it had worked according to the payment method. Double payment is not applicable.

 «If the national commemoration days and holidays coincide with a Saturday, there is no transfer and the labor and salary treatment provided for these days is applied in correspondence with the approved work and rest regime.»   

 

And it concludes that it is important to “point out that article 96 of the aforementioned Law refers that certain national days and holidays can be qualified as work for social interest or force majeure, prior agreement of the employer with the corresponding union organization”.    

 

 

 

 

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