Traditional Culture Encyclopedia - Hotel franchise - What are the handling methods of hotel labor disputes?

What are the handling methods of hotel labor disputes?

when an employee works in a hotel and has a labor contract dispute with his/her work unit, he/she can apply to the labor dispute committee for labor arbitration to legally dissolve the labor relationship. The employer needs to pay the employee's salary in one lump sum and appropriate economic compensation.

1. how to deal with the hotel labor contract dispute? Labor contract disputes arising from wages in hotels belong to labor disputes. Laborers may apply to the Labor Dispute Arbitration Committee for labor arbitration. When the laborer legally terminates the labor relationship, the employer shall pay the laborer's salary in one lump sum. The employer shall sign a written labor contract with the employee within 1 month from the date of employment. If it is not signed, the employee shall be paid twice the monthly salary from the day after he has been employed for one month to one year. The limitation period for applying for labor arbitration is one year, counting from the day when the parties know or should know that their rights have been infringed. Wage arrears shall be calculated from the date of termination of labor relations; The limitation of action for compensation for double wages shall be counted from the day after the expiration of one year from the date of employment. Legal basis: Article 9 of the Interim Provisions on Payment of Wages. When both parties in labor relations dissolve or terminate the labor contract according to law, the employer shall pay the employee's wages in one lump sum when dissolving or terminating the labor contract.

second, what compensation does the hotel have if there is no labor contract? The compensation for work-related injuries in hotels that have not signed labor contracts can claim double wages and compensation when resigning. China's Labor Contract Law: To establish labor relations, a written labor contract should 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. "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. If the employing unit fails to conclude an open-ended labor contract with the employee in violation of the provisions of this Law, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded. "Article 47 of the Labor Contract Law: Economic compensation is paid to the employee according to the number of years he has worked in this unit and the standard of paying one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. Hotel labor contract disputes may be submitted to the Labor Arbitration Commission for labor arbitration. If an employee fails to sign a labor contract, he can claim double salary and demand compensation when he resigns. According to relevant regulations, after establishing labor relations, a written labor contract should be concluded, and a labor contract should be concluded with the company within one month after the establishment of labor relations, otherwise the employer needs to pay twice the salary to the employees.