First, how to compensate the restaurant for not signing a contract?
Even if there is no labor contract, you can't dismiss at will, and you are not protected by law if you don't sign a labor contract. The employing unit shall sign a labor contract with the employee within one month from the date of employment. If the employee fails to sign a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay the employee economic compensation, but shall pay the employee the remuneration for the actual working hours according to law.
If the laborer refuses to sign a written labor contract, and the employer thinks that the laborer is needed, then the employer must bear the corresponding risks at the same time, for example, the laborer claims twice his salary without a written labor contract in the later period.
Even if the laborer gives up the rights and interests guaranteed by the labor contract, it is invalid because it violates the mandatory provisions.
Second, what should I do if there is a dispute over not signing a labor contract?
The Labor Law of People's Republic of China (PRC) clearly requires that "a labor contract should be signed when establishing labor relations" and "a labor contract should be signed in written form". However, in practice, many enterprises did not sign a written contract when establishing labor relations with employees. This situation is generally called "factual labor relations".
From the principle of labor law, whether a labor dispute should be accepted depends on whether there is a labor relationship between the two parties to the dispute and whether the dispute belongs to the scope of labor disputes, rather than whether this relationship conforms to the legal form. Although there are formal defects in the establishment of factual labor relations, they are still labor relations and belong to the adjustment scope of labor law. Therefore, if there is a labor dispute between the parties to the factual labor relationship, they can appeal to the labor dispute handling institution, and the relevant institution shall accept it.
"In implementation.
The Opinions on Several Issues stipulates that the labor dispute arbitration committee shall accept any labor dispute between the employer and the employee, regardless of whether a labor contract is signed or not, as long as there is a factual labor relationship that meets the acceptance scope of the Regulations on Handling Labor Disputes in Enterprises.
3. What are the procedures for voluntarily dissolving the labor contract?
After the termination of the labor relationship between the employee and the employer, the employee and the employer shall perform the following procedures:
For workers, the following procedures should be handled when dissolving the labor contract:
1. Send a written notice of dissolution to the employer in advance according to the time and requirements stipulated in the Labor Law. Under normal circumstances, the laborer shall notify the employer in writing 30 days in advance if he terminates the labor contract in advance.
2. Handover of work and business.
3. Clean up the relationship between creditor's rights and debts.
For the employer, in addition to giving thirty days' notice of early termination, the following procedures should also be noted:
1, timely settlement of wages and economic compensation.
2. Handover of work and business.
3. Transfer of employee files and social insurance relationship.
4. Clean up the relationship between creditor's rights and debts.
5. Issue a certificate of termination or rescission of the labor contract, as a certificate for the employee to enjoy unemployment insurance benefits, unemployment registration and job registration according to regulations. The certificate shall specify the term of the labor contract, the date of termination or dissolution, and the work completed. At the request of the laborer, the employer can objectively explain the reasons for the termination of the labor contract in the certificate.
The above is about how to compensate for the restaurant work you arranged without signing a contract. We can understand that it is very important to have a labor contract in contemporary society. Now no matter where you work, you have to sign a labor contract. This knowledge is not difficult to understand. If you have any other questions, please consult a lawyer.