Chef in China alleges employer withheld wages to pressure him into handing over detailed recipes

A chef in central China's Henan province has alleged that his employer refused to pay more than one month's outstanding wages unless he handed over detailed recipes and standard operating procedures (SOPs) for the restaurant's menu, prompting intervention by local labour authorities.

The dispute involves a beef soup restaurant in Zhengzhou, where chef Dong said he was asked to provide comprehensive documentation covering ingredients, exact measurements and cooking methods before his wages would be released after he resigned.

According to local media reports, Henan labour inspectors said there was no legal basis for linking wage payments to the transfer of recipes.

They added that if a restaurant wanted to acquire recipes, it should negotiate and pay for them separately rather than making them a condition for salary settlement.

Workload reportedly increased after joining

According to Dong, he joined the restaurant after being introduced by a friend and was initially responsible for preparing spicy pepper soup, steamed buns and porridge.

He said the employer originally agreed that the kitchen would produce a fixed breakfast and lunch menu.

However, Dong alleged that the restaurant later expanded its offerings to include braised noodles, additional steamed buns and porridge while extending service into both lunch and dinner periods.

He said the growing number of dishes significantly increased the workload beyond what had originally been agreed.

Dong said three chefs had initially been expected to manage the kitchen, with combined monthly salaries of RMB18,000 (US$2,657).

He claimed the amount of work eventually exceeded what three chefs could reasonably complete, leading him to resign.

Employer requested detailed SOPs

After submitting his resignation, Dong alleged that the restaurant owner required him to leave behind complete SOPs for every product before his wages would be paid.

According to Dong, the requested documents included ingredient lists, seasoning ratios, preparation methods and precise gram measurements for every component.

He argued that the request effectively amounted to handing over his personal culinary know-how without compensation.

"Cooking skills are a chef's livelihood. If the restaurant wants the recipes, it can negotiate separately and pay for them. They should not force the issue through the employment relationship," Dong said.

He also said there had been no agreement when he was hired requiring him to surrender recipes or cooking methods upon leaving the restaurant.

Dong alleged that the restaurant still owed him more than one month's wages, amounting to over RMB10,000 (US$1,476).

Restaurant says SOPs ensure consistency

The restaurant disputed Dong's characterisation of the request.

It said standardised operating procedures were intended to ensure consistency in food quality rather than to obtain personal trade secrets.

According to the restaurant, detailed SOPs allow other chefs to prepare dishes using the same process when colleagues are absent, helping maintain consistent standards for customers.

The restaurant also said similar operating procedures had been established for other positions within the business.

Labour authorities reject wage condition

Following the disagreement, Dong lodged a complaint with the local labour inspectorate.

The labour authority said there was no legal justification for making payment of wages dependent on the transfer of recipes.

Officials reportedly told the parties that "recipes need to be purchased", indicating that employers wishing to acquire proprietary cooking methods should negotiate commercial arrangements instead of relying on employment obligations.

The authority said it would intervene and attempt to mediate the dispute.

Lawyers explain ownership of recipes

Lawyers interviewed by Chinese media said ownership of recipes depends on the specific circumstances surrounding their creation and use.

They said recipes may qualify as a company's trade secrets if they were developed as part of the chef's duties, involve confidential commercial information and are protected under employment contracts or confidentiality agreements.

In such cases, employers may require employees to return recipe documents, maintain confidentiality and refrain from disclosing protected information to competitors.

However, lawyers said different rules apply where the knowledge consists of a chef's own professional skills or techniques that are already widely known within the catering industry.

In those circumstances, employers generally cannot require departing employees to surrender their personal expertise or restrict them from using their professional skills in future employment.

Wages must be paid separately

Lawyers also said Chinese labour law requires employers to pay wages in full and on time according to employment contracts and relevant regulations.

They said withholding wages because an employee refuses to hand over recipes or other materials could amount to unlawful withholding or unreasonable delay in salary payments.

According to the legal interpretation, employees in such situations may first seek negotiations with their employer or issue formal written demands for payment.

If no agreement can be reached, workers may apply for labour arbitration to recover unpaid wages and, if necessary, pursue the matter through the courts.

Employees may also report alleged violations to labour authorities.

Lawyers said labour authorities can order employers to pay outstanding wages within a specified period. If employers fail to comply, additional compensation ranging from 50% to 100% of the unpaid amount may also be imposed under applicable labour laws.