I work in a restaurant, I don t have a labor contract, and my boss doesn t pay overtime for working

1. The formation of a labor contract relationship, even if there is no labor contract, is subject to the protection of the labor contract law. If you do not sign a contract, you can claim double the salary starting from the second month if you have not signed a contract, and if you have more than one year, you can claim double the salary from the second month, and if you have more than one year, it will be regarded as an indefinite term labor contract.

2. According to the Labor Contract Law, you can submit your resignation report 30 days in advance, and according to your description, you have met the conditions for terminating the labor contract relationship, and the employer shall settle the arrears of wages in accordance with the law. If the boss does not pay the money, he can report the above situation to the local labor inspection department, and if necessary, submit it to labor arbitration.

3. However, it depends on whether the restaurant where you are located is an employer stipulated in the Labor Contract Law, such as a small family workshop, which may not be an employer in the legal sense, then you belong to a general civil dispute. It is possible to sue directly in court for the payment of outstanding remuneration in accordance with the employment relationship.

4. No matter what, you can go to the local labor department to report it first.

Hope it helps, if you have any questions, please ask.

1. If the employer refuses to resign, it can complain to the local labor inspection brigade.

2. If the overtime pay is not paid, the employer may apply to the Labor Bureau for labor arbitration and request the employer to pay it.

It's hard to say without a labor contract, so call the complaint phone to ask.