Is it illegal for regular hotels not to sign labor contracts with employees?

It is illegal for employers and workers not to sign labor contracts. Employees can negotiate with their employers first. If negotiation fails, you may apply for labor arbitration. If the company fails to sign a labor contract with employees within one month from the date of employment, employees can complain to the local labor inspection brigade and ask the company to pay double wages.

Legal analysis

Laborers and employers shall sign labor contracts when establishing labor relations. A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. It is a written legal document for laborers and employers to establish labor relations according to relevant laws and regulations. The employer's failure to sign a labor contract violates the provisions of relevant laws. Laborers can terminate labor relations according to relevant laws and regulations, and require to pay one month's economic compensation to the unit every year. If the labor contract is not signed, double wages of up to 12 months shall be paid. Generally speaking, if the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it is deemed that the employer has concluded an open-ended labor contract with the employee. The employer can't terminate the contract at will, and should compensate the workers according to the regulations when terminating the contract. 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. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

legal ground

Labor law of the people's Republic of China

Article 16 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.

Article 77 In case of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.