总厨承包招用劳动者法律关系分析-analysis on legal relations of workers employed in kitchen contracting.docxVIP

1 1 2 2 Abstract In the catering industry, the hotel contracted out the kitchen to the Chef, and the n the chef contractors completed the kitchen task by recruiting workers himself.There is a certain degree of divergence of whether there exists labor relationship between th e 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 a nd the courts dealing with such dispute cases.In recent years,with the development of service industry, more and more people has engaged in the catering industry, which m ay lead to the occurrence of an increasing number of labor disputes.And these diverge nces and disorders is bound to affect the protection of the rights and interests of wor kers adversely.Therefore,it’s necessary to pay attention to the labor relationship betwee n the hotels and labors who was recruited by the chef contractors,and to make referen ce in practice. This paper,starting from two different judgments of chef-contracted cases,will com e to conclusion by comparative analysis,and then appeal to the Supreme Peoples Cour t to issue judicial interpretation or guiding cases to protect the rights and interests of laborers 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 XX in Nanning City,Guangxi Province,suing one restaurant in Nanning,the other is Wang Jihong suing the blue sky seafood restaurant in Xinjiang.These two cases belong respe ctively to internal chef-contracted disputes and external chef-contracted disputes. The second part combined with the case of chef contract,is to analyze the overall features of this kind of cases,based on the above two spe