Legal analysis
Company training takes up employees' rest time and belongs to overtime. Overtime is that employees provide extra labor outside working hours for the direct or indirect benefit of the employer according to the requirements of the employer. In order to determine whether employees work overtime, it is generally judged according to the following points: (1) whether it is required by the employer and whether it reflects the wishes of the employer; (two) whether it is beneficial to the employer; (three) whether it is outside the standard working hours. If the above three conditions are met, it should be regarded as overtime. The company is the ultimate beneficiary of the training that takes up the rest time of workers. Under normal circumstances, training should be conducted during normal working hours. Arranging on holidays or other rest time will undoubtedly save normal working hours, and the company can naturally gain more benefits through squeezed normal working hours. Employees acquire skills through training, or clarify and understand business process rules, which is conducive to better work and create more and better economic benefits for the company. Although training does not belong to direct production and operation, it promotes production and operation and ultimately benefits the company. Therefore, the company takes up off-duty time to train employees, which belongs to overtime. Workers have the right to demand overtime pay, and the company shall pay overtime pay not less than 150% of the hourly wage standard of employees agreed in the labor contract. If the company refuses to pay, employees can ask the labor inspection department to order the company to pay within a time limit according to the provisions of the Labor Contract Law. If the payment is not made within the time limit, the company can also be required to pay compensation according to the standard of more than 50% 100% of the payable amount through the labor inspection department.
legal ground
Labor law of the people's Republic of China
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Article 44 Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers during their normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay the wages not less than 150% of the wages; (2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Article 85 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employing unit shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount: (1) failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; (2) Paying workers' wages below the local minimum wage standard; (3) Arranging overtime without paying overtime; (four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
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