[Direct answer]The double pay consists of two parts: the normal salary and an additional salary. The calculation base is usually determined based on the worker's earned salary. According to Article 82 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013), if an employer fails to conclude a written labor contract with a worker within one month but less than one year from the date of employment, the employer shall pay the worker twice the monthly salary. In practice, the calculation base for double pay is generally based on the worker's normal working hours' earned salary, including basic salary, position salary, performance salary, allowances and subsidies, etc. Whether overtime pay and non-regular bonuses are included varies from region to region. Beijing area courts generally determine the calculation base based on the wage composition and actual payment situation, and the specific basis shall be determined in accordance with the current effective laws and regulations and judicial rulings.

1. Problem background and typical scenarios

When claiming double pay, the calculation base often becomes the focus of controversy. Typical scenarios include: the employer claiming that it should be calculated based on the minimum wage or basic wage; the worker claiming that it should include performance bonuses, allowances, and incentives; the wage being composed of multiple items and being paid irregularly; disputes over whether overtime pay and non-conventional bonuses should be included; and changes in the calculation base due to salary adjustments during the employment period. In the above situations, how the calculation base is determined directly affects the amount of double pay, and it needs to be judged based on the composition of the wage and the actual payment evidence. For related provisions on double pay, please refer to the following sources for reference:Labor arbitration and work-related injury compensation.

II. Key points of contention

1. The nature and calculation basis of the double wage. 2. Whether the calculation base is equivalent to the wage during normal working hours. 3. Whether performance bonuses, allowances, and awards are included. 4. The handling of overtime pay and non-standard compensation. 5. Changes in the calculation base during salary adjustments. 6. Determining the wage when its components are unclear. 7. The burden of proof and the validity of wage receipts. The above issues determine the actual amount of the double wage, but there are differences in the standards across different regions in practice. For issues related to wage and contract management, please refer to the relevant guidelines.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers' experience in labor dispute practice is that the base amount for double pay should return to the worker's normal earned wages. Firstly, distinguish the components of wages. Basic wages, position wages, performance wages, and fixed allowances belong to labor remuneration during normal working hours and are usually included in the base amount; whether overtime pay, one-time bonuses, reimbursement funds, and non-regular benefits should be included varies from region to region, and this needs to be determined based on the stability of the payment and the nature of the remuneration. Secondly, check the wage documents. Labor contracts, pay slips, bank statements, and personal income tax declaration records are the main bases for determining the base amount. If the agreed amount and the actual payment are inconsistent, the actual payment should generally prevail. Thirdly, pay attention to salary adjustments. If the wages are adjusted during the employment period, the base amount for double pay may change accordingly, and it should be calculated in segments based on the actual earned wages during each period. Finally, focus on evidence collection. If the wage documents are kept by the employer, the worker can apply to the arbitration institution or the court to require the employer to provide them. If the employer refuses to provide them, the employer may bear unfavorable consequences. Henglue Lawyers usually first sort out the wage items and payment records, remove the items that are not of a wage nature, and form a base amount calculation explanation, and then claim double pay based on the time period during which no contract was signed. For labor arbitration and wage disputes, you can refer to it for reference.Labor arbitration and work-related injury compensation.

IV. Practical suggestions and legal basis

Action list: 1. Preserve labor contracts, pay slips, bank transaction records, and personal income tax records. 2. Distinguish between fixed salary items and overtime pay, one-time bonuses. 3. Calculate wages by segments based on the actual wages received during each period. 4. Require employers to provide wage vouchers kept by them. 5. Pay attention to the impact of salary adjustments on the base amount. Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013) regarding the provision of double wages; Articles 6 and 7 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (promulgated and implemented on September 18, 2008) regarding the starting and ending dates for calculating double wages; Articles of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008) regarding the burden of proof. For labor disputes, please refer to the relevant provisions.Labor arbitration and work-related injury compensationFor reference, please refer to the section dealing with salary and contract management.Business and contract disputes in enterprises; Those related to corporate compliance can be combined together.Intellectual property protection and corporate lawThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the base salary for double pay should be based on the normal salary received, not the minimum wage. Secondly, fixed salary items are generally included, but overtime pay and one-time bonuses need to be analyzed specifically. Thirdly, a pay raise will lead to a change in the base salary, so it should be calculated in stages. Fourthly, pay slips are key to determining the base salary, so it's essential to keep them well. Fifthly, there are differences in policies across different regions, so it's advisable to consult a professional lawyer. For labor disputes, you can seek assistance through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: What is the base amount used to calculate the double salary?

Generally, it is based on the wages that workers should receive during their normal working hours, which usually include relatively fixed items such as basic wages, position-based wages, performance-based wages, and fixed allowances. However, the specific definitions vary from region to region, and the determination should be based on the composition of wages and the evidence of their payment.

Q2: Should overtime pay be included in the calculation of the double-wage base?

There are regional differences. One view holds that the base for calculating the double wage does not include overtime pay, while another view maintains that it should be included. In practice, it is advisable to refer to the local judicial interpretation and the agreements between employers and employees to avoid making generalizations.

Q3: Do performance evaluations and bonuses count as compensation?

Fixed payments, performance bonuses and allowances that constitute normal labor compensation are usually included; whether one-time, non-routine bonuses and special awards should be included is controversial, and this needs to be judged based on the stability and nature of the payments.

Q4: What should I do if I lose my pay slip?

Most of the pay slips are kept by the employing units. Workers can apply to arbitration institutions or courts to require the employing units to provide bank statements, payrolls and personal income tax records. If the employing units refuse to provide them, they may bear adverse consequences.

Q5: How is the base salary increased during the contract period?

It should be calculated in stages according to the actual wages earned in each period. The base wage for double pay before and after the salary increase may be different. When making a claim, the wage amount and the corresponding calculation base should be listed month by month to avoid a general calculation.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.