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Do you need to sign a contract for catering?

in order to reduce disputes between citizens and employers before entering the labor unit, China has formulated the labor law and the labor contract law to protect the legitimate rights and interests of workers, so we need to have a certain understanding and understanding of this aspect. 1. Do you need to sign a contract for catering? Yes. The employer establishes labor relations with the laborer from the date of employment. Article 11 of the Labor Contract Law: "To establish labor relations, a written labor contract shall 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. " Employees in the catering industry are no exception, and a written labor contract must be concluded with the employee. It is not acceptable for an employer to employ without signing a labor contract. Because the employer has not signed a written labor contract with the employee for more than one month and less than one year, it is illegal to employ, and it should pay the employee twice the monthly salary. Article 82 of the Labor Contract Law: If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. If individual industrial and commercial households or companies hire employees, they should sign labor contracts. Employees can ask the person in charge of the unit to pay economic compensation by applying for labor arbitration. Second, the catering service contract signing process Catering services rarely conclude contracts in written form, and service providers and recipients rarely ask each other to conclude contracts with a clear purpose. Catering service contracts are mostly concluded through behavior. Therefore, it is of great significance to legally determine which behaviors belong to the offer. The catering service contract also needs to be established through an offer and a promise. In general restaurants and restaurants, there are generally menus for consumers to determine. This menu should not be regarded as an offer, but only as an invitation to an offer. If we regard the menu as an offer, then the consumer enters the restaurant. When the restaurant orders the meal according to the menu, the restaurant and the restaurant are responsible for providing the food specified in the menu and ordered by the consumer, otherwise it shall be liable for breach of contract. However, this is not the case in business practice. On the contrary, restaurants and restaurants may show their menus to consumers in various forms. However, when a specific consumer requests to provide a certain kind of food, this kind of food may have been consumed by other consumers who came before him. At this time, the service personnel of restaurants and restaurants (debt fulfillment assistants of catering service providers) will inform consumers that the certain kind of food he requested can no longer be provided. Therefore, the menu can't be regarded as an offer, and the consumer's request for food or special request according to the menu is an offer. In fast food restaurants, the price list marked by fast food restaurants, like the nature of menus, is not an offer but an invitation to an offer. Consumers only make an offer when they ask for some food, that is, the legal nature of consumers' request is an offer. In self-service restaurants, consumers only make an offer when they choose food to pay, that is to say, a series of behaviors of choosing food and paying at the cashier are combined to form an offer. At present, many restaurants and restaurants accept consumers' reserved seats. Does this reservation constitute an offer? If consumers don't go to eat after reserving seats, restaurants that accept reservations will undoubtedly lose some benefits. Although restaurants and restaurants don't take legal measures against consumers who have reserved seats but don't go to eat, consumers' behavior of reserving seats has produced certain legal effects, especially when the reservation behavior has been accepted. We believe that in this case, a legal relationship has arisen between the parties. This legal relationship is not a catering service contract relationship, but an appointment contract reached by the parties to conclude a catering service contract. The main content of the appointment contract is that the parties will provide and accept catering services at a certain time and place. Therefore, the reservation of seats is not an offer of catering service contract, but only an offer of reservation contract of catering service contract. Simply put, acceptance is the acceptance of an offer by the offeree. Once the offeree makes a promise, the contract is also established. In catering service, the promise also varies according to the different forms of offer. In general restaurants and restaurants, catering service contracts are established when service personnel, as representatives of catering service providers or debt fulfillment assistants, accept consumers' orders. Accepting the order is a promise. In fast food restaurants, a catering service contract is established when consumers are asked to provide them with the required food. The expression or behavior of submitting food according to the requirements of consumers is an offer. In a self-service restaurant, a catering service contract is established when the money paid by the consumer is collected. The act of collecting money is a promise. What is the difference between an agreement and a contract? In essence, there is no difference between a contract and an agreement. Article 464 of the Civil Code of the People's Republic of China A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship. As can be seen from this concept, a contract is an agreement. But according to the principle of logic, agreement is a concept of contract, that is, all contracts are agreements, but not all agreements are contracts, so contracts are agreements with specific contents. The so-called agreement refers to a political, economic or other contract concluded by the relevant countries, political parties, enterprises, institutions, social groups or individuals on the basis of equal consultation. An agreement is basically the same as a contract in terms of its meaning, function, format and form. Economic contracts and agreements with economic content can both be called contracts, both of which are legal documents to establish the legal relationship between the parties. I believe that after reading the above introduction, you should know more or less that the catering industry also needs to sign contracts. Employers need to sign labor contracts when they establish labor relations with workers from the date of employment. We must pay attention to this. The above is the relevant content about the need to sign a contract for catering. I hope I can help you.