Traditional Culture Encyclopedia - Hotel franchise - Is there any compensation for being dismissed without a contract after working in a hotel for 3 years?

Is there any compensation for being dismissed without a contract after working in a hotel for 3 years?

Of course, if you have not signed a labor contract for three years, you can claim compensation; If it is illegal to sign a labor contract, the employer shall pay double wages when applying; If you don't sign for three years, you will get double pay for three years.

1. Can I claim compensation for not signing a labor contract for three years?

You can claim compensation for not signing a labor contract for three years; If a labor contract has not been signed for three years, the employee shall be paid twice the monthly salary, that is, twice the salary for three years.

According to Article 11 of the Labor Contract Law of People's Republic of China (PRC), if the employer fails to conclude a written labor contract at the same time, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly hired employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.

Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.

Second, how to renew the labor contract?

The renewal of the labor contract is a legal act in which both parties are willing to continue to maintain the labor relationship after the expiration of the contract and agree to continue to sign the labor contract through consultation. Both parties may renew a labor contract with a fixed term, a labor contract without a fixed term and a labor contract with the completion of certain work as the term.

1, the principle of equality and voluntary consensus. The renewal process must be agreed by both parties through consultation. Either party shall not force the other party to renew the contract.

2. Renewing the labor contract is limited to a certain range of fixed-term labor contracts. According to the relevant laws and regulations, labor contracts for foreigners whose employment permits have expired, labor contracts for farmers who rotate regularly for 8 years, and labor contracts with a certain period of work completed are not renewed labor contracts.

3. Under certain conditions, the labor contract can be renewed naturally. Of course, according to the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System, if a fixed-term labor contract expires and a factual labor relationship is formed due to the employer's reasons, it shall be regarded as a renewal of the labor contract, and the employer shall promptly negotiate with the employee to renew the labor contract.

4, special types of labor contract renewal shall not exceed the statutory time limit. According to the former Ministry of labor "on the implementation,

The Opinions on Several Issues stipulates that migrant workers working in underground mines and other jobs or posts that are harmful to health shall implement a regular rotation system, and the term of labor contracts shall not exceed 8 years. If the original contract period of farmer rotation workers is less than 8 years, the contract period shall not exceed 8 years when it expires. In addition, after the expiration of the labor contract signed by the employee and the employer, if the employee is close to retirement age, both parties can still renew the labor contract on the basis of equality, voluntariness and consensus, but the term of the contract shall not exceed the statutory retirement age.

5. If certain conditions are met, an open-ended labor contract shall be concluded. According to Article 20 of the Labor Law and Article 14 of the Labor Contract Law, the employer shall conclude an open-ended labor contract with the employee who has worked continuously in the same employer for more than 10 years and has concluded a second fixed-term labor contract continuously.

Finally, we should pay special attention to the second paragraph of Article 20 of the Labor Law: "If the employee has worked continuously in the same employer for more than 10 years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract.

To sum up, the labor contract must be signed when the employee officially goes to work. If you don't sign with the employee within the specified time, then this behavior completely infringes on the employee. Employees can apply for twice their salary to protect their rights and interests. If the employer refuses to pay, it can directly apply for arbitration.