Article 82 of the Labor Contract Law of People's Republic of China (PRC) stipulates that 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. Paragraph 1 of Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The above is the law about not signing a labor contract. The problem arises because there is no clear stipulation about when the time limit for double wages will start. Is it calculated from the date when the employee receives the salary of the current month after joining the company, or from the date when the labor contract is signed? Or is the claim valid on any day within one year from the twelfth month after the employee fails to sign the labor contract?

Different local courts have made corresponding regulations on this double salary starting method.

Article 15 of the Summary of the Symposium of Guangdong Higher People's Court and Guangdong Labor and Personnel Dispute Arbitration Committee on Several Issues Concerning the Trial of Labor and Personnel Dispute Cases stipulates: "If a worker asks the employer to pay twice the wage difference without concluding a written labor contract, the arbitration period shall be determined in accordance with the provisions of paragraphs 1, 2 and 3 of Article 27 of the Labor Dispute Mediation and Arbitration Law. The double wage difference that the employer should pay will be pushed forward for one year from the date when the laborer claims his rights, and calculated on a monthly basis. The double wage difference of more than one year will not be supported. "

Article 30 of the Opinions of Beijing Higher People's Court and Beijing Labor and Personnel Dispute Arbitration Committee on Solving Some Difficult Problems in Labor Dispute Cases stipulates that the "double salary" part of the labor remuneration of workers during normal working hours shall be governed by the provisions of the fourth paragraph of Article 27 of the Mediation and Arbitration Law; Double wages are a part of punitive damages, not labor remuneration, and the provisions of the first paragraph of Article 27 of the Mediation and Arbitration Law shall apply, that is, the arbitration time limit of one year. The calculation method of the applicable prescription of "double wages" is: when a worker claims "double wages", because the behavior of not signing a labor contract is in a continuous state, the prescription can be calculated one year forward from the date when he claims his rights, so the actual payment of "double wages" does not exceed 12 months, and the "double wages" should be calculated on a monthly basis.