Research On The Double Wage System

Due to the low signing rates in the field of labor contracts for a long term in China,the double-wage system came into being with implementation of the "Labor Contract Law" in 2008.This system has a “double wage” penalty mechanism for employers and laborers who do not sign written contracts illegally.It expresses the persistence of laws on the form of written contracts by China,and the urgent hope for building a harmonious labor relationship.The double-wage system has been introduced for 10 years,and it has never undergone any changes although some supporting regulations have been introduced.Although the system has played a certain role in reducing the factual labor relations and increasing the rate of signing labor contracts,but compared with other system in labor contract,its specific regulations are still too simple because it precisely is the first in China,so it has great difficulties in its implementation.At the beginning of implementation,some problems and controversies that were not anticipated by legislators emerged.For example,the number of labor dispute cases has greatly increased,labor and capital contradictions have become prominent,among which the disputes concerning laborers demanding employers to pay double wages without signing a written labor contract have attracted particular attention.Most first-line judicial practitioners and scholars once again questioned the jurisprudence foundation defects at the beginning of its design – the complaints that are not in line with the principle of punitive damages,and worked on clearing the basic nature of double wages.In addition,the problems like the unknown application of the double wage system,the un-properly distinguished subjective status of double wage payment,the un-standardized deadline for payment,the un-clear compositional system of “wage”,and the arbitration time for payment are also required to be solved.The double-wage wage system plays an important role in protecting the legitimate rights and interests of workers.In this paper,it hopes to clarify some legal issues of the double-wage system in the Labor Contract Law,so as to make the process of labor dispute resolution smoother,and to build a harmonious labor relationship,increase the signing rate of labor contracts,as well as create a good environment for the smooth operation of the economy.