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Is it illegal for restaurants not to sign labor contracts?

illegal. The employing unit shall sign a written labor contract with the employee within 31 days after recruiting the employee. If it is overdue, the laborer may demand to pay double wages. If a labor contract is not concluded, it shall bear legal responsibilities in accordance with Article 82 of the Labor Contract Law, pay you twice the monthly salary, and make up a written labor contract with you.

legal analysis

as long as labor relations are established, labor contracts must be signed. If you work for more than one month without signing a labor contract due to the reasons of the unit, you should pay double wages. If it is illegal for the employer not to sign a labor contract, you may apply for labor arbitration and demand payment of economic compensation and compensation. After the employee has joined the company for one month, both parties must sign a labor contract. If no labor contract is signed, the employee can ask the company to pay double wages from the second month to one year, that is, he can ask for double wages for up to 11 months. If the company refuses to pay double wages, you can collect similar work cards, punch records, testimonies of colleagues in the company, etc., which can prove that you work in this unit, complain to the local labor arbitration brigade and ask the company to pay double wages. If the complaint is unsuccessful, you can apply to the local labor arbitration institution for labor arbitration. By the way, labor arbitration is free, and you can apply when you prepare the above evidence and application for labor arbitration.

legal basis

Article 11 of the Labor Contract Law of the People's Republic of China

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

article 82 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 the employing unit fails to conclude an open-ended labor contract with the employee in violation of the provisions of this Law, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded.