The Minister of Labor, Energy, and Integration together with the Labor Department and Investigation (DAO) would like to inform and clarify certain things concerning Labor Day 2022. Article 22 of our Labor Laws 2013, inscription 2, states that if Labor Day were to fall on a Sunday or on another holiday, the next workday will then become Labor Day.
Keeping this into account, DAO informed us that, this year, the first of May is on a Sunday, for this reason, Labor Day is now moved to the next workday, which is Monday the second of May.
For the food and beverage sectors and casinos, the day can continue as a regular workday. In cases that a worker is scheduled on this day, they have the right to 200% of their usual salary. If the employee works overtime on this day, they have the right to 250% of their regular salary during those hours.
As for those that apply shifts for their workers, according to the official list announced by the Director of DAO starting the first of January 2014 (ex. kiosks, tour operators, cleaning sectors, recreation, car rental companies, and tourist attractions), it is possible to schedule workers on 6 out of the 11 holidays. On the other 5 holidays, the worker must be off. On the holidays that they are scheduled to work, they have the right to 200% of their salary and if they are not given the other 5 holidays free, they are considered overtime and should be paid 250% of their usual salary.
For the remaining sectors (such as supermarkets, construction, and commercial in general) this day should be considered a holiday, if they are asking their employees to work this will be considered overtime and should be paid with 250% of their salary.
DAO hopes to have informed everyone and hopes that employers to keep these rules into account. For more information feel free to contact DAO at 523-7720 or via e-mail at [email protected] or on their website at www.daoaruba.com.
