The waiter was fired after packing away the leftovers from customers. Is this a violation of labor law?

This move is indeed a bit unreasonable. The waiter also wanted to take the leftovers home to replenish his son's health out of the perspective of saving food, but he did not sell them, not to mention this is a five-star restaurant. In a hotel, some dishes were left untouched with chopsticks. Why didn't they let the staff take them back if they were clean? This hotel also fired people for stealing hotel property, which is indeed a bit unkind. Taking leftovers home is not considered theft.

Even if this five-star hotel does have a rule prohibiting employees from taking leftovers home, many higher-end hotels will centrally process leftovers and other waste ingredients, except for some small restaurants. Restaurants that allow employees to eat and have a slightly formal management have a set of rules and regulations. Even if almost all hotels prohibit employees from taking leftovers home, it is because they are afraid that the eaten food may be contaminated by secondary contamination and cause food safety hazards, or they need strict standard management systems to shape the overall image.

But you cannot fire the waiter for stealing property. She can even work as a waiter. She must be in great need of money. The family's finances are very difficult and they can't find a job suitable for her. Dismissal like this was too harsh for this waiter. Even if he needs to be fired, firing him for stealing property is actually an insult to the waiter's character. Taking away leftovers is not equivalent to stealing hotel property. At most, it is a violation of the hotel's rules and regulations.

From the perspective of the relevant conditions stipulated in the "Labor Law" for units to fire employees, whether this dishwasher is considered a "serious violation of rules and regulations" still needs to be discussed and studied by lawyers. However, because this waiter It did not cause any major losses to the hotel. From a humanistic point of view, the punishment of expulsion is a bit excessive. On the contrary, the hotel's wording was inaccurate and at the same time hurt the lady's character and disrespected her.