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.
Legal basis: Article 31 of People's Republic of China (PRC) Labor Contract Law.
Overtime employers shall strictly implement the labor quota standards, and shall not force or force workers to work overtime in disguise. Where the employing unit arranges overtime work, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state.
Article 32
Workers who refuse to command or force risky operations in violation of regulations shall not be regarded as violating the labor contract.
Laborers have the right to criticize, report and accuse the employer of working conditions that endanger life safety and health.