it is illegal for a catering enterprise to refuse to sign a labor contract after establishing a labor relationship with its employees, and it is illegal to terminate the labor contract on this ground. Laborers can ask the employer to pay twice the economic compensation as compensation.
1. How to compensate the catering for being fired without signing a labor contract? The catering industry has not signed a labor contract, so dismissing employees is a case of illegal termination of labor contracts, and it is necessary to pay twice the economic compensation as compensation. The unit legally dismisses employees, and the workers have legal faults without compensation; Economic compensation shall be paid if there is no legal fault, and compensation shall be paid if the contract is terminated illegally. If the employee fails to sign the contract for one month, the employee can claim twice the salary. During the performance of the labor contract, if the employee seriously violates the law and discipline, and the employer terminates the contract according to Article 39 of the Labor Contract Law, there is no compensation. Among them, the employer shall be liable for compensation for losses caused by laborers. If the labor contract is terminated in violation of the law, the employee shall be paid one month's salary economic compensation every year according to the working years of the employee's unit, one year for those who have completed half a year and less than one year, and one year for those who have not completed half a year. Among them, if the contract is terminated according to the provisions of Article 41 of the Labor Contract Law, a written notice shall be given 31 days in advance or an extra month's salary shall be paid in lieu of notice. If the dismissal of employees by the employing unit does not comply with the law, and the employee requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay the compensation twice as much as the economic compensation.
second, what are the consequences of enterprises not signing labor contracts? If you don't sign a labor contract, there are many legal hidden dangers and risks for the employer: 1. Failure to sign a contract does not exempt the employer from paying various social insurance premiums for employees. According to the law, as long as the employing unit engages in employment and forms a labor relationship with the employee, even if the employee does not sign a labor contract, the employee enjoys all the rights stipulated in the labor law, and the unit also bears all the obligations in the labor law. Among them, paying various social insurance premiums according to law is a mandatory legal obligation that employers cannot exempt. If the unit fails to pay social insurance premiums, employees can complain to the labor inspection department, which can order the unit to pay, or even apply to the court for compulsory execution, and punish the employer. 2. The unit needs to pay economic compensation according to law to terminate or terminate the factual labor relationship (dismiss employees). According to the law, if the two parties have not signed a written labor contract, the employer shall pay economic compensation to the employees when terminating or dissolving the labor relationship, and additional economic compensation shall be paid if the economic compensation is not paid according to law. If a labor contract is signed, when the labor contract expires, the employer and the employee do not need to pay any economic compensation when they terminate the labor contract. 3. If the unit terminates or terminates the factual labor relationship (dismisses employees), it may need to compensate for the unemployment loss. If the employee cannot receive unemployment insurance benefits after being dismissed because the unit fails to pay the unemployment insurance premium for the employee according to law, the employee may request the employer to pay compensation according to law. The catering industry has not signed a labor contract, and it needs to pay twice the economic compensation for being fired. For employers, there are some legal hidden dangers if they don't sign labor contracts. First of all, not signing a labor contract does not exempt the employer from the obligation to pay social security for employees, and it will also bring certain punishment. Secondly, the termination of labor relations with employees requires compensation for unemployment losses. In the end, those who dismiss employees without signing a labor contract need to pay economic compensation.