1, small restaurant, it doesn't matter whether you sign a labor contract or not;
2. Employees in the catering industry are inherently mobile, and I can dismiss them whenever I want, without signing a contract;
After signing the contract, you have to pay social security for the chef and waiter. Isn't this an added burden to the restaurant?
1. What are the risks of restaurants not signing labor contracts with employees?
What these catering bosses say is also reasonable, but in case something happens in the restaurant: for example, the chef cuts his hand while cutting vegetables, the waiter drops or burns the dishes, or improper operation causes the restaurant to catch fire and hurt people. Not afraid of 10 thousand, just afraid of one thousand. See how much you will lose if you don't sign the labor contract:
1, may pay twice the salary. If you hire two waiters in your store and have worked in the store for 1 year without signing a contract, the monthly salary is 3000 yuan. If they apply for labor arbitration because they didn't sign the contract, how much will you pay? 1 1*3000*2=66000 yuan, 670,000 yuan!
With what? The Labor Contract Law stipulates that after the employee and the employer establish labor relations, both parties shall sign a written labor contract within one month. If the employee fails to sign a contract for more than one month and less than one year, he shall pay the employee twice the monthly salary; /kloc-If the contract is not signed after 0/year, it will be regarded as an open-ended contract. As a restaurant owner, you can only wait for the employees to fire you, but you can't wait for the employees. If the restaurant must be fired, it will only lose money.
2. Be responsible for the work-related injury expenses of all employees. If a waiter or chef is unfortunately injured, but you didn't buy them social security or sign a labor contract, you can't declare a work-related injury, and the restaurant can only bear the medical and nutritional expenses. In case they are not satisfied with your compensation and apply for labor arbitration, you have to pay double your salary and make up social security; If the chef or waiter is disabled, your restaurant will suffer more.
Second, restaurants should pay attention to signing labor contracts with employees.
There are still some risks that I won't mention here. Although the restaurant is small, the five internal organs should be complete. Labor contracts should be signed, and as standardized as possible. The probation period and salary meet the requirements; There are many necessary clauses; All signatures are signed by the employee himself; There is no overlord clause. Social security can be paid to employees as much as possible. If the restaurant really can't afford to pay social security, the restaurant must also pay an industrial and commercial insurance for the chef and waiter, which costs hundreds of dollars a year.
Although the restaurant has signed contracts with chefs and waiters, they want to go the same way. Even if the contract is illegal, it is not as easy for you to sue them as it is for them to sue you. This contract is not used to keep restaurant employees. The biggest advantages of the contract are: first, you don't have to pay double wages; Second, in the event of a work-related injury, it is not necessary to use all the funds of the restaurant to compensate; Third, the restaurant operates normally and will not incur administrative punishment. Catering is a relatively high-risk industry. If you can sign a contract, sign it with the employees. Don't lose too much because of too little!
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