Study On Legal Relationship Of Workers Hired By Chef Contr Actors

In the catering industry, the hotel contracted out the kitchen to the Chef, and then the chef contractors completed the kitchen task by recruiting workers himself.Thereis a certain degree of divergence of whether there exists labor relationship between the workers who recruited by the chef contractors and the hotel,in practice and theory.This results in great differences when the local labor dispute arbitration commission and the courts dealing with such dispute cases.In recent years,with the development ofservice industry, more and more people has engaged in the catering industry, which may lead to the occurrence of an increasing number of labor disputes.And these divergences and disorders is bound to affect the protection of the rights and interests of workers adversely.Therefore,it’s necessary to pay attention to the labor relationship between the hotels and labors who was recruited by the chef contractors,and to make reference in practice.This paper,starting from two different judgments of chef-contracted cases,will come to conclusion by comparative analysis,and then appeal to the Supreme People’s Court to issue judicial interpretation or guiding cases to protect the rights and interests oflaborers by solving the situation of the inconformity referee rules.The full text was divided into five parts:The first part introduced two chef-contracted labor dispute cases,one is Wang XXin Nanning City,Guangxi Province,suing one restaurant in Nanning,the other is WangJihong suing the blue sky seafood restaurant in Xinjiang.These two cases belong respectively to internal chef-contracted disputes and external chef-contracted disputes.The second part combined with the case of chef contract,is to analyze the overallfeatures of this kind of cases,based on the above two specific cases.The third part analyzed the focus of controversy in the case.The author adoptingmethod of comparing analysis,will indicate whether there existed labor relationship between the workers who hired by the contractor chef and the hotel,which is the focus of the case.The fourth part is the key point of the article.In this section,the author will analyze and consider the type of chef contract,the contending of individual contracting labor theory, the labor relationship confirming standard in China and the fact labor relati onship and its necessity of protection, The paper will point out that the correct understanding of the relations between the two parties is to focus on the reasonable definition of labor relationship and contract relationship at the internal chef contract.While atexternal chef contract, keys lies on investigating whether the worker hired by chef himself and hotel was compliance to subordination standard of labor relationship. Then,the article finally returned to the analysis and evaluation of the above-mentioned cases.The last part of the article thinks further on the basis of the formers and pointsout that, in dealing with such chef contract case, the local labor arbitration departmentor the courts didn’t apply unified rules, causing confusion. The best way to solve this problem is to make judicial explanation or guiding cases by the Supreme People’s Court, to clear the labor relationship standard between the workers and the employer hotel, and to unify rules, as to regulate this employment model and protect the rights and interests of the workers effectively.