If the employer uses the rest time for training and works more than 8 hours a day, it shall be regarded as overtime, and the employer shall pay overtime. If the employing unit refuses to pay its overtime pay, the laborer may apply for labor arbitration and ask the employing unit to pay its overtime pay.
According to the regulations, the daily working hours should not exceed eight hours, and the average weekly working hours should not exceed forty-four hours. Therefore, training beyond eight hours a day or fourteen hours on Thursday is not within the agreed time range and should be regarded as overtime. If the company reaches an agreement with the trade union and employees through consultation, the working hours can be extended; In other words, if the company conducts training without consulting employees, employees can refuse; Even if it is agreed, the training time outside working hours cannot exceed three hours a day and thirty-six hours a month.
Legal basis:
Article 44 of the Labor Law stipulates that if workers are arranged to work overtime on rest days, they should first arrange for compensatory time off. If you can't make up the rest, you should pay no less than 200% of your salary. Make-up time should be equal to overtime. If workers are arranged to work overtime on legal holidays, they will be paid no less than 300% of their wages, and generally no compensatory time off will be arranged.
Can I refuse to use the training during the break? It is ok to refuse to use the rest time for training.