Is it an employment relationship between a contracted kitchen and a hotel? 20

The kitchen is outsourced, it will be contracted to a certain individual or unit, and the kitchen staff is no longer an employee of the hotel. Because after outsourcing, the kitchen and staff are no longer under the management of the hotel, but by the contractor, so there is no need to sign a labor contract with the hotel.

The hotel shall terminate the labor contract with the kitchen employee, and the kitchen contractor shall sign the labor contract with him.

The so-called "kitchen contracting" usually refers to the responsibility contracting management model of catering enterprises that allows peers to manage peers in order to develop their business stably and adopt a management model that allows them to manage their peers.

To implement enterprise-level management, to achieve the purpose of not only reducing the investment of technology costs, but also facilitating management and rapid and stable business development.

Therefore, the total kitchen salary of the enterprise is determined according to the job position, work content and workload.

Kitchen work combined with total salary, in the form of responsibility contract management, contracted to have certain cooking skills and kitchen management ability.

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I don't know what Shanxi says, I'm from Beijing. Regardless of whether there is a labor contract or not, as long as a de facto labor relationship is formed, the enterprise will be sentenced to pay the wages of the employees, and the failure to sign the labor contract is a very serious behavior, and the enterprise will be fined, not only to make up the wages of the personnel, but also to make up the personnel insurance, and will be heavily fined because there is no labor contract.

It depends on whether you have evidence, such as whether there is a receipt signed by both parties when the salary was paid in the past, and the content of the receipt is the salary or what. Another example is whether there is a business card, uniforms, etc., which are all evidence.

The key is still related to local policies, if Shanxi itself is not formal and strict in law enforcement, then it is useless for you to find anywhere. If it is Beijing, no company dares to do this with its employees, and the consequences will be very serious.

Now you can only negotiate with the other party in the form of asking for wages, not to mention the contract, otherwise the nature will change. I know what you mean by contracting, which means that the company pays a certain amount of monthly wages to the contractor of the kitchen, and then the contractor freely distributes it, right? Actually, this is also a salary.

So you just hold on to your salary. In addition, looking for labor arbitration, labor inspection should be to check whether the employment of the enterprise is legal, whether it provides necessary labor protection to employees, or something.

Arbitration institutions can help you get paid.

"Contracting" should be "contracted operation and management" to be precise, which refers to the act of entering into a contracted operation contract between an enterprise and the contractor, handing over all or part of the "operation and management rights" of the enterprise to the contractor within a certain period of time, and the contractor will operate and manage the enterprise, and bear the business risks and obtain the profits of the enterprise.

Is it contracted by you or contracted by a subordinate unit of Yangquan Aluminum, if you are according to what you say, it should be a contract and a contracted relationship, there is no labor relationship, you should sign a contract, everything should be done according to the contract, if it is contracted by a subordinate unit of the aluminum industry, you work for the unit, there is a labor relationship between you, the supervision brigade should be in charge, if you don't care, go to the local labor arbitration, find out your salary slip, this is the evidence of the existence of labor relations between you, labor arbitration should be used, if there is no written evidence, there are colleagues as witnesses for you, at least 3 people If your colleague is like you and goes to a lawyer, it's best to get a lawyer to do it, because you don't know much about the labor law, and you have time to look up the new labor law that was enacted in 2008.

The biggest difference between labor relations and labor relations is direct management. All units are for the purpose of making profits, and they are all labor relations.

You have contracted the kitchen, how can the unit pay you a salary?

If it is a contractual relationship, if you sign a contract with the employer, it is not considered an employment relationship.

If there is no contract and the employer pays you a monthly salary, you can claim that you are paying the employer wages and that there is an employment relationship.

If it is a contractual relationship, it is true that the labor inspection cannot control it.

Since it is a contract, the labor inspection brigade naturally cannot manage it.

Go through civil legal procedures.

The kitchen is a part of the unit, and the labor relationship with the unit is generally a labor relationship.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 In establishing a labor relationship, 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 employment relationship shall be established from the date of employment.

Article 36 An employer and a worker may terminate a labor contract if they reach a consensus through consultation.

The hotel kitchen contract is legal and valid if it meets the legal validity conditions. Sun Chang means that as long as it does not violate the mandatory provisions of the law, it generally has legal effect. If it is violated, it is an invalid contract, and an invalid contract means that although the contract has been established, it is not legally given legal effect according to the contract between the parties because it seriously lacks the elements of validity.

Legal basis Article 143 of the Civil Code Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws, rules and regulations, and do not violate public order and good customs. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”

If the kitchen is outsourced, do the kitchen staff still need to sign a labor contract with the hotel?

Hello Kiss, I am happy to serve you: the kitchen is outsourced, and the kitchen staff does not need to sign a labor contract with the hotel. Generally speaking, the kitchen is outsourced and will be contracted to a certain individual or unit, which means that the kitchen staff is no longer an employee of the hotel.

Because after outsourcing, the kitchen and employees are no longer under the management of the hotel, but under the management of the contractor, therefore, there is no need to sign a labor contract with the hotel, and the hotel should terminate the labor contract with the kitchen staff, and the kitchen contractor should sign a labor contract with them. In fact, in the case of internal contracting, the labor relationship also exists between the hotel and the employees. Therefore, it is best to find a qualified business unit to contract, avoid individual contracting, if it is indeed an individual contract, the contractor should supervise the recruitment of employees, and sign a labor contract with the worker at the same time.

The hotel kitchen contract is valid if it meets the following conditions:

1) The actor has the corresponding capacity for civil conduct.

(2) The expression of intent is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal basis: Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:

1) The actor has the corresponding capacity for civil conduct.

(2) The expression of intent is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

The hotel kitchen contract is valid if it meets the statutory conditions for validity, such as: the parties to the contract are persons with corresponding civil capacity; The signing of the contract by the parties is a true expression of intent; The content of the contract shall not violate laws and regulations or public order and good customs; The contract is in accordance with the statutory form; Other valid conditions prescribed by law.

Legal basis] Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The actor has the corresponding capacity for civil conduct.

(2) The expression of intent is true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 469.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Legal Analysis: Effective. A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China?

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Summary. According to the monthly profit of the store, and the number of chefs, the stir-fried side dishes are combined, and the salary of each position is different. Combined with these aspects, it is estimated that there are more than 10,000 three-person kitchens in a small shop.

How dusty is a hotel, how many chefs? Is there a cut in the kitchen, a cage pot, and a handyman with his brothers? If so, you can open according to the local salary, and then give him a commission of a few percent of the operating profit, the advantage is "1 He will be fully responsible for the taste of the dishes, 2 The profit stratification will make him try his best to save costs, and you will not go to the kitchen twice a day to see if they use oil like old nuclear water"!

According to the monthly profit of the store, and the number of chefs, the stir-fried side dishes are matched, and the salary of each position is different. Combined with the estimation of these aspects, there are generally more than 10,000 three-person kitchens in the small shop.