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What if the restaurant doesn't sign a labor contract with its employees?

If you go to work in some units, you may not sign a labor contract for some reasons. In fact, it is very unreasonable not to sign a labor contract. When some disputes arise, they can be solved by legal means. Then, what if the restaurant has no labor contract? The following is an introduction to the origin, hoping to help you. 1. What should I do if there is no labor contract in the restaurant? If there is no labor contract signed and the boss is in arrears, everyone must keep good evidence that is beneficial to them, such as: 1. Work clothes, work permits, etc. 2. Time cards, salary cards, social security cards, etc. 3. Colleague certificates, work contacts, etc. At the same time, you can report to the labor inspection department and ask the employer to sign a labor contract; You can apply for labor arbitration and demand to pay double wages (up to 11 months) and arrears of wages, deposits, economic compensation, overtime wages, etc.

second, what should I do if I don't sign a written labor contract? In the case that a labor relationship has been established, but a written labor contract has not been signed at the same time, the employer and the employee are required to sign a written labor contract within one month from the date of employment. According to the provisions of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have concluded an open-ended labor contract. If the employer fails to conclude a written labor contract at the same time as the employment, and the labor remuneration agreed with the employee is unclear, the labor remuneration of the newly recruited employee shall be implemented in accordance with the standards stipulated in the collective contract of the enterprise or industry; If there is no collective contract or there is no provision in the collective contract, the employing unit shall pay equal pay to the workers for equal work. If the 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. No matter what the nature of the unit, as long as it has established an employment relationship with the laborer, it must sign a written labor contract with it within one month. If it is verbal, it will not work. Otherwise, the unit will bear the adverse consequences, including the need to pay double wages to the laborer, and the unit and the laborer are also regarded as having established an open-ended labor contract. Third, how to apply for work-related injury identification without a labor contract? You can also apply for work-related injury identification without a labor contract. The key is to prove the evidence of labor relations, such as work permit or work card (preferably stamped with official seal), salary card transaction record, salary slip, tooling with company name, tax payment certificate printed and stamped by the local tax bureau, temporary residence permit, attendance record, social insurance payment record, work order, and colleague testimony handled by the employer for you (for those who leave their jobs). Although the employee and the employer have not signed a labor contract, there is still a factual labor relationship between the two parties. If they are injured at work, they still belong to work-related injuries, and they can apply for work-related injury identification. Only when applying, the injured employee needs to provide evidence of the existence of a factual labor relationship between the two parties, such as payroll, attendance record, work permit, work permit, work clothes, bank transaction records of salary cards, and proof of workers. In addition, it should be noted that if the employer fails to apply for work-related injury identification, the injured employee should apply for work-related injury identification to the social insurance administrative department of the co-ordination area where the employer is located within 1 years from the date of accident injury or diagnosis and identification as an occupational disease. The above is the relevant legal knowledge about how to do without a labor contract in a restaurant for everyone. To sum up, if there is no labor contract, restaurants need to prove their existence of labor relations through other evidence. If you have any other questions, please feel free to consult, and we will have a professional lawyer to answer them for you.