Legal Analysis: In violation of the Labor Contract Law of People's Republic of China (PRC), if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
Legal basis: Article 82 of People's Republic of China (PRC) Labor Contract Law. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.