How holidays are paid in Uruguay: working vs non-working days

A very common question: 'is this holiday paid? and if I work, do I get double?'. The answer depends on the type of holiday. Uruguayan law splits them into two big groups that are paid differently. Here it is, clearly and without jargon, backed by the letter of the law. Note: this post is about pay; the year's holiday calendar lives on a separate page.

Two kinds of holidays

There are non-working holidays, also called paid holidays (feriados pagos): a short, fixed list of five dates — January 1, May 1, July 18, August 25 and December 25. And there are working or common holidays (feriados laborables/comunes): all the others (for example Epiphany, Carnival, Tourism/Holy Week, etc.). The main difference is how they're paid and whether the employer can ask you to work.

Non-working (paid) holidays: you get paid without working

On the five paid holidays, the worker is paid as if they had worked, even if they don't. That is what article 18 of Law 12.590 sets out:

Article 18 of Law 12.590:

«Los días 1º de enero, 1º de mayo, 18 de julio, 25 de agosto y 25 de diciembre de cada año, todo trabajador percibirá remuneración como si trabajara; y en caso de trabajar recibirá doble paga.»

In English: On January 1, May 1, July 18, August 25 and December 25 of each year, every worker shall be paid as if they worked; and if they do work, they shall receive double pay.

And if you work a non-working holiday? Double pay

The same law says it: 'in case of working, they shall receive double pay'. So if you have to work one of those five days, on top of it being paid you also earn the worked day. In practice this depends on how you're paid: a daily worker (jornalero) is typically settled with a double day's wage, and a monthly worker with the full month plus one day (salary divided by 30). The fine calculations can vary by sector and by your collective agreement, so when in doubt confirm with the MTSS or your accountant.

Working (common) holidays: a normal day for pay purposes

On working or common holidays that special rule does not apply. For pay purposes they work like a normal day: the employer can ask you to work and, if you don't work, generally no extra holiday pay is generated. A monthly worker keeps the same salary (the day isn't deducted); a daily worker is paid for the days actually worked. Working a common holiday, on its own, does not require double pay by law.

Monthly vs daily workers: why they're paid differently

The key distinction is how you're paid. A monthly worker's salary isn't touched by holidays: they earn the same month whether or not they work those dates. A daily worker, who is paid per day worked, gets the paid holiday guaranteed even without working (and double if they work), while a common holiday is only paid if they actually worked that day. That's why the same date lands differently depending on your pay type.

Heads up: your agreement can improve this

The above is the general legal floor. Many sectors have wage-council collective agreements (consejos de salarios) that improve on it — for example paying some common holiday, or with higher premiums for working. Always check your sector's agreement: if it says something better than the law, the agreement prevails. And for specific cases (shifts, night work, holidays falling on your day off) it's best to ask the MTSS or a labor lawyer.

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• Hiring your first employee in Uruguay: a guide

Frequently asked questions

• Which are the paid holidays? January 1, May 1, July 18, August 25 and December 25.
• If I don't work a paid holiday, am I still paid? Yes: it's paid as if you had worked.
• And if I work a paid holiday? The law provides for double pay for that day.
• Is a common holiday (Carnival, Tourism Week) paid separately? By law it generates no extra pay if not worked; a monthly worker keeps their salary and a daily worker is paid if they work.
• Can the employer force me to work a holiday? Not on paid ones; on common ones they can ask you to work.
• Can my agreement improve this? Yes: wage councils can set conditions better than the law.

In short: the five paid holidays (Jan 1, May 1, Jul 18, Aug 25 and Dec 25) are paid even if you don't work, and double if you do; common holidays behave like a normal day for pay purposes. All of this is the legal minimum: your agreement can give you more. For any specific doubt, confirm with the MTSS or your accountant.