Legal analysis: To establish labor relations, a written labor contract should be concluded. Private restaurants can also file labor arbitration and litigation without signing a labor contract.

Legal basis: Article 10 of the Labor Contract Law establishes labor relations, and 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.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.