Employers are required to establish labor relations with workers from the date of employment.
Article 10 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 they must conclude written labor contracts with employees. It is unacceptable for an employer to employ without signing a labor contract. Because the employer has been dissatisfied with 1 month for more than 1 year and has not signed a written labor contract with the employee, 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.
Individual industrial and commercial households or companies that employ employees shall sign labor contracts. Workers 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 explicitly ask each other to conclude contracts. Catering service contracts are mostly concluded through behavior. Therefore, it is of great significance to legally identify which behaviors belong to an offer.
Catering service contracts also need to be established through offers and commitments. General restaurants and restaurants generally have menus for consumers to determine. This menu should not be regarded as an offer, but only an invitation to offer. If we regard the menu as a kind of discount, then consumers enter the restaurant. When a restaurant orders food according to the menu, the restaurant and the ordered person have the responsibility to provide the food specified in the menu and ordered by the consumer, otherwise they shall bear the liability 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 asks for a certain food, the food may have been consumed by other consumers before him. At this time, the service staff of the hotel and restaurant (the debt fulfillment assistant of the catering service provider) will inform the consumer that a certain food he requested can no longer be provided. Therefore, the menu can not be regarded as an offer, but the consumer's requirements or special requirements for food according to the menu are an offer.
In fast food restaurants, the price list marked by fast food restaurants, like the nature of the menu, is not an offer, but an invitation to offer.
Consumers only make an offer when they ask for a certain food, that is, the legal nature of consumer demand is an offer.
In the cafeteria, consumers will 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 checkout counter combine 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 booking seats, restaurants that accept reservations will undoubtedly lose some benefits. Although restaurants and restaurants don't take legal measures against consumers who reserve seats but don't go to eat, consumers' reservation behavior has already produced certain legal effect, especially when the reservation behavior has been accepted. We believe that in this case, a legal relationship has arisen between the two 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 an appointment contract is that the parties 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 booking contract of catering service contract.
Simply put, acceptance is the offeree's commitment to the offer. Once the offeree makes a promise, the contract is established. In catering services, promises vary according to different forms of offers.
In general restaurants, catering service contracts are established when the service personnel accept the orders of consumers as representatives of catering service providers or debt fulfillment assistants. Accepting an order is a promise.
In fast food restaurants, when consumers are asked to provide them with the food they need, a catering service contract is established. According to the requirements of consumers, the expression or behavior of submitting food is an offer.
In the cafeteria, the catering service contract is established when the money paid by the consumer is collected. The act of collecting money is a promise.
3. What is the difference between an agreement and a contract?
Essentially, there is no difference between a contract and an agreement.
Article 464 of the Civil Code of People's Republic of China (PRC) is an agreement between civil subjects to establish, change and terminate civil legal relations. 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 the relevant countries, political parties, enterprises, institutions and society.
Groups or individuals, on the basis of equal consultation to conclude political,
Contracts for economic or other relations. Protocol, in terms of its meaning, function,
The format and form are basically consistent with the contract. Economic contracts and agreements with economic contents can both be called contracts, and they are legal documents that 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 to establish labor relations with workers from the date of employment. We must pay attention to this. The above is related to the need to sign a contract for catering. I hope I can help you.