1. Is it overtime to arrange training on legal holidays?
Training arranged on legal holidays is overtime.
Labor law of the people's Republic of China
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.
Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(five) other holidays as prescribed by laws and regulations.
Article 43 An employing unit shall not extend the working hours of laborers in violation of the provisions of this Law.
Second, how to calculate overtime pay for overtime work on legal holidays?
Overtime pay for overtime work on legal holidays shall be calculated at 3 times of the usual wage income.
Labor law of the people's Republic of China
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(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.
3. Can the company apply for arbitration if it is in arrears with overtime pay?
The company can apply for arbitration if it is in arrears with overtime pay.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
As long as the employer extends the working hours, whether it is arranging training, business trips or other work-related matters, it is regarded as overtime, and the overtime pay is the highest on legal holidays. The employer cannot take time off instead of legal holidays.