If you don't sign a labor contract, you need to sign it again, or pay double wages directly. No matter in which industry, including catering industry, as long as there is a de facto labor relationship, then a labor contract should be signed. If you don't sign a labor contract in the first month, you can forgive it, but it is illegal to sign a contract after the first month.

1. What if the catering labor contract is not signed?

The company should pay double wages as compensation. According to the relevant provisions of the Labor Contract Law:

Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.

Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

2. What are the basic ways to deal with workers who have not signed labor contracts?

1. First of all, it is necessary to prove the existence of labor relations and the amount of unpaid wages. Evidence includes: labor contract, wage payment voucher, etc.

2. If the labor contract is not signed, the work permit, the employer's recruitment registration form filled out by the employee, the attendance record, the testimony of other employees, and the recording can all be used as evidence.

3. Malicious arrears of wages, in addition to full payment of wages of workers, economic compensation equivalent to 25% of wages should be added.

You can negotiate with your boss after you have enough evidence. If negotiation fails, you can report to the labor inspection brigade or apply for labor arbitration. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 15 days after receiving the arbitration letter.

5. In labor disputes, there is evidence to prove that labor relations are the key, such as work permit or work permit (preferably stamped with official seal), salary card transaction records, salary slips, tooling with company name, tax payment certificate stamped by local taxation bureau, temporary residence permit handled by employer, attendance record, social insurance payment record, dispatch list, colleague testimony (both for resignation and employment), audio and video recording or other written materials with name and official seal or boss's signature. Of course, you can apply for labor arbitration without evidence, but there is a risk of losing; The term of labor arbitration is one year from the date of resignation.

Therefore, if the employee has worked in the catering company for more than one month and the company has not signed a labor contract with the employee, then the employee can take the initiative to ask the company and the employee to sign a new one. But if the company refuses, the employee can directly make a matrix and then ask the employer to compensate the employee twice the salary. This is a reasonable and legal requirement.