Current location - Recipe Complete Network - Catering franchise - Is it illegal for catering staff to have no labor contract?
Is it illegal for catering staff to have no labor contract?

Subjectivity of law:

It is illegal not to give employees a copy of the labor contract. The effective labor contract shall be held by the unit and the employee respectively. If the unit does not give it, the employee may complain to the labor administrative department, which shall order the unit to correct it; If losses are caused to employees, compensation shall be made according to law. Legal objectivity:

1. Is it illegal to refuse to give employees a labor contract? According to Article 16 of the Labor Contract Law: "A labor contract shall come into effect after the employer and the employee reach an agreement through consultation, and the text of the labor contract shall be signed or sealed by the employer and the employee. The text of the labor contract shall be held by the employer and the employee respectively. " And Article 81: "If the text of the labor contract provided by the employing unit fails to specify the necessary provisions of the labor contract as stipulated in this Law or the employing unit fails to deliver the text of the labor contract to the laborer, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation. " Matters needing attention in signing a contract 1. When signing a contract, the laborer must first find out the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative should be known. This information can be obtained by querying the industrial and commercial registration information on the Internet, and at the same time, it is required to clearly write these contents in the contract. 2. Laborers should find out their specific work, and indicate the content and specific location of the work in the contract. 3, labor remuneration should be clear, avoid verbal agreement. What is the standard salary? Is there a bonus? According to what criteria are bonuses paid? These data must be reflected in the contract, and don't trust the boss's verbal commitment. 4. Pay special attention to the probation period. The law stipulates that the probation period should not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is cheating to ask the workers to leave after the probation period is over. During the probation period, the employer shall not terminate the labor relationship without reason; Unless the employee does not meet the recruitment requirements, he can leave. 5. The payment method and time of labor remuneration should be clear, whether it is paid in cash or through the bank. Some units use the method of withholding employees' salary for one month to tie up workers, which has no legal effect. If the employer refuses to provide the withheld labor remuneration after the termination of the labor contract, the laborer can solve the problem through labor arbitration. 6. Workers' working hours and working conditions should be clear. Some workers acquiesce in the fact that enterprises require serious overtime work in order to earn more money. This is against the labor law, and now more and more wage disputes arise. In addition, the working environment is toxic and harmful, especially in chemical tannery and shoe-making enterprises, and the working environment that may bring mechanical harm to workers in mechanical processing industry should be clearly expressed in the contract. 7. Social insurance agreement. Some enterprises mislead workers into voluntarily choosing to give up social security by saying that they can get more wages without social security. Lawyers remind workers that social security should be considered for a long time, and the longer the working hours, the greater the problem, which involves the issue of providing for the elderly; In the event of an industrial accident, the quickest solution is to quickly choose the green channel of industrial injury insurance subsidies to save lives through social insurance purchased by workers. Therefore, having social security means having security. 8. Don't sign a blank contract. Blank contract means that enterprises take out blank contracts in order to cope with inspection, and let the workers sign and press their fingerprints first, and go through a formality. The workers don't take the contracts seriously, and some contracts are not even stamped. In the event of a labor dispute, this kind of contract is invalid, and at the same time, the cost of safeguarding the rights of workers is high. 9. Some contracts stipulate illegal contents, such as "self-care for work-related injuries" in which female employees are not allowed to get married and have children, and require workers to sign life and death contracts. These clauses are legally invalid and workers can refuse to sign. 11. After the labor contract is sealed, the employee himself and the employer shall keep one copy each. A labor contract is the most direct and effective legal document that can be issued by both employers and employees when a labor dispute occurs. When handling work-related injury cases, there are not a few cases in which the claim for compensation from the employer is rejected because the laborer does not have a labor contract at hand. Some enterprises take away both contracts after the contract is signed. When there is a dispute, the employee does not have a contract, and the unit may not admit that there is such a person.