Nevertheless, there are sectors and activities that, due to their nature, require operational continuity. In such cases, the employer may require employees to work on the holiday, provided that the applicable legal provisions are complied with.
Companies are advised to plan work shifts and operational needs in advance, as well as to maintain proper records of work performed during the holiday, in order to verify the correct calculation of wages and statutory surcharges.
Failure to comply with these provisions may result in labor claims, retroactive payroll adjustments, and administrative fines imposed by the competent authorities.
In cases where an employee is required to work on Labor Day (Friday, May 1st, 2026), the Labor Code provides, under Article 49, that work performed on national holidays or days of mourning is subject to a 150% surcharge on top of the ordinary daily wage, and the employee must also be granted a compensatory day of rest. The aforementioned surcharge includes payment for the compensatory rest day. If, for any reason, the employee works on the compensatory day, such day must be paid with an additional 50% surcharge
Companies must ensure the proper application of these surcharges in payroll and keep adequate documentation of any work performed on this date.
Please do not hesitate to contact us if you have any questions regarding the application of these provisions or the calculation of the corresponding payments. as our team is available to assist you in the proper management of holidays.
