it is legal for catering companies to sign labor contracts with employees.
as long as the employer and the employee reach an agreement, they can sign a contract and establish a labor relationship, and a written labor contract should 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.
A labor contract shall contain the following clauses:
1. Name, domicile and legal representative or principal responsible person of the employing unit;
2. The name and address of the employee and the number of the resident identity card or other valid identity documents;
3. Term of the labor contract;
4. Work content and work place;
5. Working hours and rest and vacation;
6. Labor remuneration;
7. Social insurance;
8. labor protection, working conditions and occupational hazard protection;
9. other matters that should be included in the labor contract as stipulated by laws and regulations.
In any of the following circumstances, the employee may terminate the labor contract:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Failing to pay labor remuneration in full and on time;
3. Failing to pay social insurance premiums for workers according to law;
4. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
5. The labor contract is invalid because the other party enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
The employer may terminate the labor contract if the employee is under any of the following circumstances:
1. The employee is proved to be unqualified during the probation period;
2. Party B seriously violates the rules and regulations of the employing unit;
3, serious dereliction of duty, graft, causing great damage to the employer;
4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct after being put forward by the employer;
5. The labor contract is invalid because the other party enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
6. Those who have been investigated for criminal responsibility according to law.
to sum up, as long as the employer and the employee reach an agreement, they can sign a contract and establish a labor relationship, and a written labor contract should 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.
Legal basis:
Article 59 of the Labor Contract of the People's Republic of China
Labor Dispatch Agreement A labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts employment in the form of labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.
the employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.