According to the Labor Contract Law, if the restaurant has not signed a labor contract for more than one month after the employee officially works, in this case, the employee has the right to ask the labor arbitration institution to pay twice the monthly salary. If a contract has not been signed for more than one year, an open-ended labor contract is required. In this case, the restaurant can't dismiss employees at will, all the choices are in the hands of employees, and the restaurant is passive.