Of course, hotels need to pay compensation for dismissing employees without reason. Moreover, the compensation is calculated according to the employee's working years, and one month's salary will be paid after one year's service. However, many hotels may not sign labor contracts with employees, so when employees safeguard their rights and interests, they must first prove the existence of labor relations through evidence such as salary payment records.
1. Do hotels need to pay compensation for dismissing employees for no reason? If employees are dismissed without reason, they need to pay compensation, and the economic compensation is paid to the workers according to the number of years they have worked in this unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract. According to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract in accordance with the provisions of Articles 41 and 41 of this Law if the employee is under any of the following circumstances: 1. The employee who is engaged in the operation exposed to occupational hazards has not undergone occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation; 2. Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work; 3. Illness or non-work-related injury within the prescribed medical treatment period; 4. Female employees are in pregnancy, childbirth and lactation; 5. Having worked continuously in this unit for 5 years, and less than 5 years away from the statutory retirement age; 6. Other circumstances stipulated by laws and administrative regulations.
second, how to prove the labor relationship without a labor contract? The employer has not signed a labor contract with the employee and can refer to the following documents when determining that there is a labor relationship between the two parties: (1) wage payment vouchers or records (payroll roster for employees) and records of paying various social insurance premiums; (2) The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the workers; (3) Employment records such as "Registration Form" and "Application Form" filled out by the employee; (4) Attendance records; The implementation of the legal system of labor relations in the catering industry is not in place. It can be said that the turnover rate of hotel employees is already relatively high. Many hotels not only dismiss employees without reason, but also default on labor wages. However, many hotel employees will not protect their rights and interests according to law because of their limited personal cultural ability.