BLP – Newsflash: Holidays in Central America for 2019

 

Guatemala

In accordance with the Guatemalan labor laws, private workers have the following days  off with pay: January 1; Holy Thursday, Friday and Saturday; April 26 (applies to secretaries); May 1; May 10 (applies to working mothers); June 25 (applies to teachers); June 30; September 15; October 20; November 1st; December 24 (starting at 12:00 hours); December 25; December 31 (starting at 12:00 hours); and any local festivity day.

The payment of holidays must be made according to the daily average of ordinary and extraordinary salaries that the employee has earned during the previous week, except when the salary is paid per fortnight or per month because the payment is included implicitly.

Any employer that requires staff work on holidays must obtain previous authorization from the General Labor Inspectorate of the Ministry of Labor and Social Welfare and must compute payment as extraordinary work.

Pursuant to Decree Number 42-2010 and its amendment, Decree Number 19-2018, of the Congress of the Republic of Guatemala, the days that may be modified in order to enjoy a long weekend are April 26; May 1; June 25; June 30; and October 20, according to the following rules:

  1. If the holiday falls on Tuesday or Wednesday, the preceding Monday will be enjoyed.
  2. If the holiday falls on Thursday, Friday, Saturday or Sunday the following Monday will be enjoyed.

honduras

Article 339 of the Labor Code recognizes the following holidays: January 1, April 14, May 1, September 15, October 3, October 12, October 21, and December 25, even if they fall on a Sunday; and Thursday, Friday and Saturday of Holy Week.

For the purpose of promoting tourism by unifying festive dates, Honduras has moved to the first week of October holidays corresponding to October 3, 12, and 21; however, an official communiqué is issued every year assigning the exact days of observance.

Holidays must be paid even if during the week immediately prior to the local festival or national holiday, the worker has not met the daily average of the ordinary and extraordinary salaries normally earned.

When two holidays coincide, the employer will be obligated to pay one holiday in the manner in which this article and the following determine.

If by mutual agreement work is done during a day of rest, a local festival, or national holiday, the employer will pay double the salary corresponding to an ordinary day in proportion to the time worked, without prejudice to the right of the worker to enjoy any other day of rest during the week.

 

El Salvador

In accordance with article 190 of the Labor Code and legislative decrees number 208 (2012) and 339 (2016), the following dates are obligatory paid holidays: January 1; Thursday, Friday and Saturday of Holy Week; May 1; May 10; June 17; August 6; September 15; November 2; and December 25.

In addition, the city of San Salvador celebrates paid holidays on August 3 and 5, while the rest of the country enjoys local festival dates as paid holidays.

A festival date or national holiday must be paid within the basic salary without any obligation to work. Workers who work during a festival or holiday are entitled to an extraordinary salary composed of the ordinary salary plus a one hundred percent bonus. In the case of overtime work, the bonus calculation will be based on the extraordinary salary established for the holiday.

Workers at companies dedicated to public or essential community services, as well as those dedicated to fun and recreation, the sale of basic necessities, hotels, restaurants, and work that for technical or practical reasons requires continuity, are required to work during a holiday for the number of hours the employer designates. In return, workers maintain their right to extraordinary remuneration for work done during the holiday.

Nicaragua

According to the provisions of Article 66 of the Labor Code of Nicaragua, mandatory national holidays in 2019 are as follows: January 1, Holy Thursday and Friday, May 1, July 19, September 14 and 15, December 8 and 25.

For such holidays, an employer that uses a weekly payment method that only includes time worked is obligated to add a day’s pay to the weekly salary.

On the other hand, an employer that pays a biweekly or monthly salary is not obligated to pay for the day off since it is included in the salary.

In either case, if an employee works the holiday, the employer must make a corresponding payment adjustment so that the employee receives an additional day’s pay for working on the obligatory holiday (“double-time”).

Likewise, Article 67 of the Labor Code of Nicaragua, establishes August 1 and 10 as days of paid rest in the city of Managua; while in the rest of the Republic, the main day of the most important festivity of each municipality is a day of paid rest. Therefore, an employer that uses a weekly payment method in which only the days actually worked are paid may allow employees to enjoy the holiday without paying for the day; however, if an employee works, he should be paid a regular day’s wages. When the employer uses a biweekly or monthly payment method, an employee who does not work on that date will not be paid for a festival or holiday since such a day is already included in the monthly salary; however, an employee who works the date is entitled to a day’s pay, in effect resulting in double-time for the day of work.

Costa Rica

According to Article 148 of the Labor Code of Costa Rica, paid holidays in 2019 are as follows: January 1, April 11, Holy Thursday and Friday, May 1, July 25, August 15, September 15 and December 25.

For such holidays, an employer that uses a weekly payment method that only includes time worked is obligated to add a day’s pay to the weekly salary.

On the other hand, an employer that pays a biweekly or monthly salary is not obligated to pay for the day off since it is included in the salary.

In either case, if an employee works the holiday, the employer must make a corresponding payment adjustment so that the employee receives an additional day’s pay for working on the obligatory holiday (“double-time”).

Also, August 2 and October 12 are non-mandatory payment holidays for which an employer that uses a weekly payment method (non-commercial activity), which remunerates only the days actually worked, may allow an employee to enjoy the holiday without an obligation to pay for the day not worked; if the employee works, he should be paid a regular day’s wages.  When the employer uses a biweekly or monthly payment method, an employee who does not work on that date will not be paid for a festival or holiday since such a day is already included in the monthly salary; however, an employee who works the date is entitled to a day’s pay, in effect resulting in double-time for the day of work.

 

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