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What should the company do if it is mandatory to train employees during the rest time stipulated by the labor law?
You should apply for labor arbitration to safeguard your legitimate rights and interests. It is illegal for the company to train employees during the rest time stipulated in the Labor Law, and overtime should be paid to employees. If the employer needs 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.

Legal analysis

Restrictions on extending working hours include working overtime on normal working days, rest days and legal holidays. That is, the total overtime hours of working days, rest days and legal holidays in each month shall not exceed 36 hours. If the company organizes employee training in non-working hours, as long as it exceeds the normal working hours of the workers, it will be regarded as overtime, and the employer shall pay the overtime pay in full. The so-called overtime work means that employees are engaged in work on statutory holidays and rest days according to the requirements of the employer. Extra points mean that employees continue to work outside the standard working day according to the requirements of the employer. Whether training and meetings reflect the will of the unit, generally speaking, since it is required by the unit, it reflects the will of the unit. But there are a few exceptions, such as company bosses asking employees to do private things outside working hours. Therefore, training and meetings should reflect the wishes of the unit. To sum up, the training and meetings of the unit are all overtime projects, and the unit should be required to pay overtime wages in accordance with relevant regulations.

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.