We know that normal companies will prepare a labor contract for employees to sign if they work in the company, and it is the same for catering companies, but the working hours are controversial, so is it illegal to work for 12 hours in catering? Many people don't know much about this knowledge. Next, I will sort out the related content of whether it is illegal to work in catering for 12 hours. I hope it will be helpful to you.

1. Is it illegal to work in catering for 12 hours? Working more than 1.2 hours a day without the approval of the labor department violates the relevant provisions of the labor law on rest, which is illegal. Article 36 of the Labor Law stipulates that the state shall implement a working hour system in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 41 of the Labor Law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend working hours for special reasons, the extension of working hours shall not exceed three hours a day, but shall not exceed thirty-six hours a month under the condition of ensuring the health of workers. You can complain to the labor inspection department or apply for labor arbitration. You can also entrust a lawyer to file a labor arbitration to safeguard your legitimate rights and interests.

second, how do catering companies sign labor contracts? 1. First of all, we should carefully examine the subject qualification of the workers. (1) Examination of the identity of the workers: HR personnel should first examine and check the original and photocopy of the ID card provided by the workers, and then ask them to sign the photocopy for confirmation. Clear "copy is consistent with the original, provided by myself. If it is false, it is willing to bear all legal responsibilities. " (2) Examination of the education, qualifications and work experience of the workers: The employer shall ask the workers to provide the originals and photocopies of their education and qualifications, and let them sign to confirm that the original documents provided are true. At the same time, the work experience provided by the workers should also be confirmed in writing, making it clear that "if there is falsehood, they are willing to bear all legal responsibilities". (3) Check whether there is any labor relationship between the laborer and other employers: a laborer can only confirm a labor relationship with one employer. If employees who still have labor relations with other employers are hired, and the original employer suffers losses, the employer shall bear joint and several liability for compensation, and such compensation shall bear greater responsibility (the general court will determine 71% of the liability ratio). The employer must ask the employee to provide the proof of dissolution or termination of the labor relationship with the original employer, mainly reviewing the relevant records in the Labor Manual, and also asking the employee to provide proof of unemployment. In addition, the employer should also pay attention to the examination of the existence of workers and the prohibition of business. In this regard, the employer must let the workers make a written commitment and sign it for confirmation. (4) Check the physical health certificate of the laborer: Because it may involve the employment conditions and medical treatment period and the possibility, in order to reduce the risk, the employer may require the laborer to provide the health certificate issued by the hospital at or above the county level or stipulated by the employer. The most appropriate way is for the employer to organize employees to go to the linked hospital for physical examination. 2. Both parties shall fulfill the obligation of informing: According to Article 8 of the Labor Contract Law, the employer shall truthfully inform the workers of their work contents, working conditions, working place, occupational hazards, safety production conditions, labor remuneration, and give detailed answers to other information required by the workers. The employing unit shall ask the workers to sign the Notice designed by the employing unit and keep it properly. At the same time, listen to the workers' corresponding reports and make written records for the employees to sign for confirmation. 3. Sign the labor contract: the text of the labor contract should be given to the laborer one day in advance. For the situation that the two sides want to negotiate, there is a certain time to communicate, so as to achieve the purpose of effective communication and consensus. When signing a labor contract, we should pay attention to the fact that both parties must sign face to face together. Generally, the employee should sign it first, then the legal person or client of the employer should sign it, and then stamp it uniformly. Stamp should be stamped at the end, and there is a riding seal on each page. This ensures the authenticity and validity of the written contract signature and prevents it from being tampered with. Finally, two labor contracts will be handed over to the laborer for safekeeping, and there will be a receipt for the receipt received by the laborer; Another copy is kept by the employer and filed in time. The time for signing a labor contract is generally completed within one week after the official employment registration. 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. At this point, the procedures for signing the labor contract have basically come to an end. Will enter the stage of employment procedures. 4. Handling the employment formalities: generally, the employment formalities include filling in the Employment Registration Form, submitting the employment materials, handling the registration formalities, and establishing a roster of employees. At the same time, within the specified time, go to the employment agency in the district and county to register the employment and transfer the relevant social insurance.

third, how to compensate for the failure to sign a contract for catering? Even if you don't have a labor contract, you can't be dismissed at will, and it is not protected by law not to sign a labor contract. The employer should sign a labor contract with the employee within one month from the date of employment. If the employee doesn't sign a written labor contract with the employer, the employer should notify the employee in writing to terminate the labor relationship, without paying economic compensation to the employee, but should pay the employee the labor remuneration for the actual working hours according to law. If the laborer refuses to sign a written labor contract, and the employer thinks that the laborer is needed, then the employer must bear the corresponding risks at the same time, for example, the laborer claims twice the salary without a written labor contract in the later stage. Even if the employee waives the rights and interests guaranteed by the labor contract, it will be invalid because it violates the mandatory provisions. That's what I sorted out for you. Is it illegal to work 12 hours a day in catering? We can understand that if you work more than 12 hours a day without the approval of the labor department, it will violate the relevant provisions of the labor law on rest, which is illegal, and workers must sign labor contracts.