Applicable Law Of The Two Times Wage Standard Under No Written Contract Condition

" Double salary" should include two parts, one of the " first times " belongs to workers according to their labor should be provided access to wage income, wage income of workers beyond the "second times," belongs to the employer paid to the worker in damages. Workers’wages twice," claims constituent elements include: the two sides have established full-time labor relations; employer and the worker did not sign a written labor contract; non-reason-based workers did not sign a written labor contract." Double salary" calculation should be based on uniform, ie, wages are to be calculated on the basis, not be forced to break it open, one of the " first times " for the actual labor remuneration of workers standards, the " second times " for the employer’s basic wage of workers." Double salary" claim limitation shall be determined by arbitration " double pay " basis the legal nature, specifically, if the request is for workers the employer shall pay the "first times the salary", it should apply special arbitration time; If the worker requests punitive damages are only part of the " second times the wages", they should apply ordinary arbitration time. Employer from the date of employment is not less than one year and more than one month conclude a written employment contract " double pay " the right to request arbitration time, should the employer shall pay the employee a month punitive " second times the wages "and did not pay the next day as the starting point of arbitration time. For the first time, the date of employment did not sign labor contracts more than one year, the employer and the employee should sign a labor contract without a fixed term and illegal do not sign it," double salary" should request the arbitration aging Supplement to a labor contract without a fixed term the date; without supplement to the non-fixed term labor contracts and direct labor relations, labor relations from the date of release. in order to better apply the " double pay " clause, it should be clear by legislation signed a contract with the obligations of workers, and the workers are not explicitly entered into a non-fixed term labor contract cases of wage payment deadline twice, and clearly defining the date of employment contract expiration of the grace period subsequent labor.