Legal analysis: If a restaurant has not signed a labor contract for more than one month after the worker's formal work, in this case, the worker has the right to ask the labor arbitration agency to pay twice the monthly salary. If the contract has not been signed for more than one year, it is necessary to sign an open-ended labor contract. In this case, the restaurant can't dismiss the employee at will, and all the choices are handed over to the employee. Working in a restaurant also requires signing a labor contract. For long-term employees in a restaurant, a formal labor contract should be signed with the owner of the restaurant, stating the labor content, labor wages, welfare benefits, rest and vacation, etc. After signing, both parties will act according to the contract, and there will be a norm and benchmark for doing things, which will protect the rights of both parties. If the employer refuses to sign a labor contract, the laborer may complain to the labor inspection department or file a labor arbitration with the labor arbitration department.

Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China

The principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility shall be followed in concluding a labor contract. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

article 11 to establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

article 36 the employer and the employee may terminate the labor contract through consultation.