according to the relevant regulations of our country, the catering labor contract will also follow the provisions of the Labor Contract Law of our country, but the employer must also protect the health of all workers, and the others are no different from other normal employers, and they also need to pay social security.
1. What are the provisions of the catering labor contract law? In the Labor Contract Law, the catering industry is also protected by the Labor Contract Law. It is also legal to change overtime to a break. The Labor Contract Law firmly stipulates: Article 36, the employer and the employee can terminate the labor contract through consultation. The employee may terminate the labor contract by giving a written notice to the employer 31 days in advance. Article 38. The employer fails to provide labor protection or working conditions as agreed in the labor contract; Failing to pay labor remuneration in time and in full; Failing to pay social insurance for workers in accordance with the law; If the employer violates the law and harms the interests of the laborer, the laborer may terminate the labor contract. According to Article 35 of the Labor Contract Law, the employer and the employee can change the contents of the labor contract through consultation. Changes to the labor contract shall be made in written form. The modified text of the labor contract shall be held by the employer and the employee respectively.
2. How to compensate the employer for the termination of the labor contract 1. If the parties to the labor contract reach an agreement through consultation, the employer shall pay the economic compensation equivalent to one month's salary for every full year, with a maximum of 1.2 months. If the working time is less than one year, economic compensation will be paid according to the standard of one year. 2. If the employee is sick or not injured at work, and cannot engage in the original job or other jobs arranged by the employer, and the labor contract is terminated, the employer shall pay the economic compensation equivalent to one month's salary for each full year according to his working years in the unit, and at the same time, he shall also pay the medical subsidy of not less than six months' salary. If he is seriously ill or terminally ill, he shall also increase the medical subsidy. The increase in serious illness shall not be less than 51% of the medical subsidy, and the increase in terminally ill shall not be less than the medical subsidy. 3. If the employee is not competent for the job and is still incompetent after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary for each full year, with a maximum of 1.2 months. 4. The objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the original labor contract. If the parties fail to reach an agreement on changing the labor contract through consultation, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary for each full year according to the number of years he has worked in the unit. 5, the employer is on the verge of bankruptcy during the legal rectification or serious difficulties in production and operation, it is necessary to lay off staff, the employer should be according to the laid-off staff working in the unit of fixed number of years, every full year to the equivalent of one month's salary of economic compensation. To sum up, the dissolution of a labor contract by a company can be mainly divided into two situations, one is legal dissolution, and the other is naturally illegal dissolution. In the case of legal termination, sometimes it is necessary to pay economic compensation to the workers. When the labor contract is terminated illegally, compensation is generally claimed. The calculation of this compensation is usually twice the economic compensation.