1, the employer uses the rest time for training, and if it works more than 8 hours a day, it will be regarded as overtime;

2. If the training is conducted on a working day or agreed in the labor contract, it cannot be treated as overtime;

3. Whether overtime is counted or not depends on the content of training, which is to improve the working level of employees and is regarded as the welfare of employees, not overtime.

According to what standard do employees get overtime pay?

1. If the working hours are extended beyond the daily standard working hours, the overtime pay shall be paid according to 150% of the hourly wage base;

2. Those who work on rest days shall be given compensatory time off at the same time. If compensatory time off cannot be arranged, overtime pay shall be paid at not less than 200% of the daily or hourly wage base;

3. For those who work on statutory holidays, overtime pay shall be paid at not less than 300% of the daily or hourly wage base.

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.

If the training is conducted on a working day, or the training is stipulated in the labor contract, it cannot be treated as overtime. If the training is not organized by the employer, or the training content has nothing to do with the work, for example, some enterprises provide psychological courses, language training and etiquette training for employees, which has nothing to do with the work content agreed in the labor contract and is not mandatory, it should be considered that the enterprise provides benefits to employees and does not belong to overtime.

Because overtime is the work that employees do during rest time outside normal working hours, and it is the extension of working hours during rest time. In order to protect employees' right to rest, the state has strict restrictions on overtime work.

Generally, it shall not exceed 1 hour per day, 3 hours per day for special reasons and 36 hours per month. It should be pointed out that overtime work is based on consultation between employers and employees. The employing unit shall not force the laborer to work overtime, and the laborer has no right to unilaterally decide to work overtime.