[Direct answer]It's possible, but you need to identify the responsible party correctly. Article 82 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee within one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage. In labor dispatch, the dispatching unit is the employer and establishes a labor relationship with the employee, while the employing unit is the unit that actually uses the labor force. If the dispatching unit fails to conclude a written contract in accordance with the law, the employee may claim twice the monthly wage from the dispatching unit. Under certain circumstances where the employing unit causes damage to the employee, the employing unit may bear joint and several liability for compensation. Therefore, it is necessary to first clarify with whom a labor relationship is established, and then claim against the responsible party.

I. Problem background and typical scenarios

When joining a company through labor dispatch, many workers end up working for a long time without signing a labor contract. It's only after being sent back by the employing unit that they realize there's no written contract. Dispatched workers often feel confused: should they seek compensation from the dispatch company or the employing unit for double wages? The tripartite structure of the dispatch relationship determines that the claimant needs to clarify the correct party first. Otherwise, the claim is likely to be dismissed due to suing the wrong party.

II. Key points of contention

The disputes focus on: first, with whom the dispatched workers establish labor relations; second, who should pay the double wages for those who have not signed contracts; third, the boundaries of the joint and several liability of the employing units; and fourth, the statute of limitations for arbitration and the period of claiming rights. The judicial tendency is that the dispatching units, as the employing units, should bear the obligation to conclude written contracts, and those who have not signed contracts should bear the responsibility for double wages; the employing units may be jointly liable for damages when they employ workers illegally or cause damages.

III. Professional analysis by Henglue Law Firm

The first layer: Identification of the main parties: The dispatching unit signs a labor contract with the worker, pays remuneration, and pays social insurance premiums, which legally constitutes the employing unit; the employing unit is responsible for the actual management of the worker. The double wage is aimed at the employing unit's failure to sign a written contract, so it is usually claimed from the dispatching unit. The second layer: Liability of the employing unit: If the employing unit causes damage to the dispatched worker, the dispatching unit and the employing unit shall bear joint and several liability for compensation; if the employing unit uses dispatched workers in violation of regulations or engages in other illegal acts, it may also bear corresponding responsibilities. The third layer: Period and calculation of the double wage: It generally starts from the day after the worker has worked for one month until the day before the contract is signed or one year later, with a maximum of 11 months; if the contract is not signed after one year, it is deemed that a non-fixed-term labor contract has been concluded. The fourth layer: Evidence and statute of limitations: The worker should keep evidence such as wage payments, attendance records, work arrangements, work badges, and work records, and pay attention to the statute of limitations for labor arbitration; claim rights in a timely manner to avoid exceeding the time limit. The fifth layer: Practical suggestions: Dispatched workers should first confirm the contracting party and then claim the double wage and related benefits from the responsible party; when handling labor-related cases, our firm once conducted a demonstration around the distinction between labor relations and shareholder identities, successfully refuting the opponent's claim for high compensation, showing that the definition of the subject identity and the nature of the legal relationship are crucial in labor disputes. It is also necessary to note that the positions of labor dispatching should meet the requirements of temporariness, auxiliaryness, and substitutability. If the employing unit uses dispatched workers beyond the scope or is identified as "false outsourcing and true dispatching", it may bear direct employment responsibilities; the worker can accordingly claim corresponding labor relations and rights with the employing unit or the dispatching unit, so evidence fixation and subject identification are the first steps in protecting rights.

IV. Practical suggestions and legal basis

The first step is to confirm the labor relationship with the dispatching unit and whether a written contract has been signed; the second step is to collect evidence of wages, attendance, and employment management; the third step is to claim double wages from the dispatching unit for failing to sign a contract, and if necessary, to claim the joint and several liability of the employing unit; the fourth step is to pay attention to the arbitration statute of limitations and apply for arbitration in a timely manner. The main legal basis: Articles 58, 59, 62, and 92 (Labor Dispatch) of the Labor Contract Law of the People's Republic of China; Article 82 (Double Wages for Failure to Sign a Written Contract); the relevant provisions shall be subject to the currently effective version, and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Here's the translation of the Chinese sentence into English, with a detailed explanation: Three key points about double pay for dispatched workers: 1. First, determine who the labor relationship is with—usually, claim compensation from the dispatching company. 2. The employing unit is jointly liable for damages caused by the dispatched worker. 3. Don’t neglect evidence and statutes of limitations—apply for arbitration promptly. For labor-related disputes, you can seek assistance throughLabor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which can be integrated with the compliance of enterprise employmentIntellectual property protection and corporate lawFor the plates, the responsibilities related to the contract can be referred to for reference.Business and contract disputes in enterprisesFor any questions regarding the interface between the court and the arbitration tribunal, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can dispatched workers claim double pay if they haven't signed a contract?

Yes. If the dispatching unit, as the employing unit, fails to conclude a written contract in accordance with the law, it shall pay the worker twice the wage during the period when no contract was signed.

Q2: What evidence is needed to claim double pay?

The salary payment records, attendance and work arrangements, work badges and access control records, social insurance payment information, and clues from the dispatch agreement are used to prove the facts of employment and the failure to sign a contract.

Q3: Are the costs of such disputes high?

Labor arbitration is free of charge, while litigation is subject to fees in accordance with regulations. The attorney's fees for representation are negotiated based on the scope of services, and in cases involving large amounts, the fees are calculated based on the value of the claim.

Q4: How long does it take for the labor arbitration to reach a verdict?

Arbitration is generally concluded within 45 days after acceptance, and the time limit may be extended for complex cases. If the party is not satisfied with the arbitration award, they may file a lawsuit with the court within the statutory time limit.

Q5: Is the employing unit liable for any responsibility?

If the dispatched workers are caused any damage, the dispatching unit and the employing unit shall bear joint and several liability for compensation; the employing unit may also be held accountable in the event of illegal employment.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.