How to deal with labor law without health certificate for catering staff

Food and beverage personnel without health certificates, shall be ordered to make corrections, given a warning; Refuses to correct, a fine of two thousand yuan and twenty thousand yuan; If the circumstances are serious, it shall be ordered to suspend production or business until the license is revoked. If you are a catering staff in an in-house restaurant and don't have a health certificate, the company will punish you, usually a fine, and you will go to jail if there is a major food safety accident. If you are a catering operator without a health certificate, you can suspend business for rectification, suspend business and impose a fine. In the event of a major food safety accident, the responsible person shall bear legal responsibility.

Catering practitioners have different health certificates, as follows:

1. If an employee can obtain a health certificate and fails to apply for it, the restaurant will be punished. This is the work of the health administrative department;

2. If the employee cannot obtain a health certificate due to physical reasons such as hepatitis B, the restaurant has the right to unilaterally terminate the labor relationship. Whether to determine economic compensation according to different situations.

Food producers and business operators shall establish and implement the health management system for employees. Persons suffering from diseases that hinder food safety as stipulated by the administrative department of health of the State Council shall not engage in direct contact with imported food. Food production and marketing personnel engaged in direct contact with imported food shall undergo annual health examination and obtain health certificates before taking up their posts.

Employees in the catering industry should report to the local food and drug administration without obtaining a health certificate, which violates the regulations: food producers and operators should establish and implement a health management system for employees. Persons suffering from digestive tract infectious diseases such as dysentery, typhoid fever and viral hepatitis, as well as those suffering from diseases that hinder food safety such as active tuberculosis, suppurative or exudative skin diseases, shall not engage in direct contact with imported food. Production and business operation personnel shall have an annual health examination and obtain a health certificate before taking part in the work.

Article 45 of the Food Safety Law of People's Republic of China (PRC) shall establish and implement the health management system for employees. Persons suffering from diseases that hinder food safety as stipulated by the administrative department of health of the State Council shall not engage in direct contact with imported food.

Food production and marketing personnel engaged in direct contact with imported food shall undergo annual health examination and obtain health certificates before taking up their posts. Forty-fourth food production and marketing enterprises should establish and improve the food safety management system, train employees in food safety knowledge, strengthen food inspection, and engage in production and marketing activities according to law.

The main person in charge of a food production and marketing enterprise shall implement the enterprise food safety management system and be fully responsible for the food safety work of the enterprise.

Food production and marketing enterprises should be equipped with food safety management personnel, and strengthen their training and assessment. Those who do not have the ability of food safety management after examination shall not take up their posts. The food safety supervision and management department shall conduct random supervision and spot checks on the food safety management personnel of enterprises, and announce the assessment. Supervision and spot checks shall not charge any fees.