[Direct answer]In the Beijing area, 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. The key to claiming compensation is to prove the existence of a de facto labor relationship and the duration of employment, which shall be calculated from the day after the first month and up to a maximum of 11 months, and attention should be paid to the one-year arbitration statute of limitations. At the same time, special rules for exceptions in positions such as human resources managers should be noted.

1. Problem background and typical scenarios

The phenomenon of unsigned labor contracts is prevalent in small and medium-sized enterprises, start-up teams, and the catering retail industry. Employees often only have WeChat shift schedules, salary transfers, and work badges and uniforms, while employers delay signing contracts by citing excuses such as "forgot to sign the labor contract" or "no need to sign during the probationary period". When employees realize they are entitled to double pay upon leaving the job, they find that the evidence they have is scattered and the statute of limitations is quietly expiring.

II. Key points of dispute

First, labor relations and the starting point. Payment begins on the day following the completion of one month of employment, and no double pay is applicable during the first-month grace period. Second, calculation period. The period ranges from the first day after the expiration of the full-month period to the day before the expiration of one year, with a maximum of eleven months. If no contract is signed after one year, it is deemed that an open-ended labor contract has been established. Third, statute of limitations risk. The double pay is calculated on a monthly basis, and the longer the delay, the more compensation will be deducted if the employee is dismissed. Fourth, subject exceptions. Personnel managers and executives, whose duties include managing contracts, typically do not receive support if they claim double pay without facilitating the signing of a contract. Fifth, calculation basis. The calculation is generally based on the employee's earned wages, excluding non-regular items such as overtime pay. However, there are slight differences in the calculation standards across different regions.

III. Professional analysis by Henglue Lawyers

A collective labor dispute we handled can serve as a reference for procedural resilience: In August 2025, a company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li and Hu Fei, unilaterally terminating the contracts on the grounds that the recruitment procedures were found to be irregular during inspections. The 12 employees entrusted Beijing Henglu Law Firm to handle the case.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acted as the agent, jointly applied for arbitration, and went through first-instance and second-instance trials, ultimately winning all the cases. The court ruled that the termination of the labor contract was illegal, ordered the continuation of the performance of the labor contract, and clarified that the registration with the human resources and social security authority is not a prerequisite for the effectiveness of the labor contract. The signing and stamping of the contract constitutes its effectiveness. This case shows that the irregularities in employment procedures often fall on the shoulders of the employer. The public judgments also clarify the boundaries of double pay. In the ruling of Case No. 1647 (2022) of the Beijing Municipal Higher People's Court, it was held that if the personnel management department head claims double pay, the employer can prove that signing the contract is within his/her job responsibilities, and the claim will not be supported unless the employer has previously refused to sign the contract. Shandong Province Jinan City Huaiyin District Court's Lu Fa Case [2025] No. 173 also holds the same position. In other words,Double payThese are punitive clauses, not ATMs that everyone can use.

IV. Practical suggestions and legal basis

According to Article 10 and Article 82 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007 and amended on December 28, 2012), employers who fail to sign a written contract with employees who have worked for more than one month but less than one year should pay double wages; Article 14 stipulates that a one-year employment period is deemed as a fixed-term contract. Articles 6 and 7 of the Implementing Regulations of the Labor Contract Law further clarify the starting and ending dates. Recommendations: First, fix the evidence of the de facto employment relationship, such as pay slips, attendance records, and work communication records, and file them separately; Second, sort out the employment start time and calculate the claimable monthly intervals, avoiding including parts that have exceeded the statute of limitations; Third, workers in non-personnel positions can make normal claims, while personnel positions need to prepare evidence of having requested a contract; Fourth, you can also check other items such as social insurance and overtime pay at the same time, and resolve them in a comprehensive manner.

5. Henglu Law Firm's Reminder

The success rate of double-wage cases is not low, but many people are still dismissed. The key lies in the calculation of the timeline and the organization of evidence. Submitting too many arbitration requests is a waste, while submitting too few will lead to losses. It's better to calculate the compensation first and then file the case. The employer should place the signing of the contract at the first step of the employment process, which is a highly cost-effective compliance investment. If there are concurrent situations such as unpaid social insurance and wage arrears, the order of termination and compensation will directly affect the final outcome.Beijing Henglu Law FirmIt is recommended to conduct a comprehensive assessment first before taking action.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning a claim for double pay?

For ordinary positions, the chances of winning a lawsuit within the statute of limitations are relatively high, except for special positions such as human resources managers, which require specific judgments based on their responsibilities and evidence.

Q2: What evidence do I need to prepare?

Labor relationship evidence, including salary statements, attendance records, work communication and scheduling records, work badges and uniforms, social insurance records, and witness statements, etc.

Q3: How much are the attorney's fees and arbitration costs, approximately?

Labor arbitration is free of charge, and attorney's fees are negotiated based on the stage or outcome of the case. For cases involving double pay, the amount involved is relatively predictable.

Q4: How long does the process take?

Arbitration is usually concluded within 45 days. If you are not satisfied with the result, you can file a lawsuit in court. Generally, the final result will be available within a few months.

Q5: What should I do first?

First, collect evidence of the labor relationship and calculate the range of claims that can be made within the statute of limitations, and then determine the amount and scope of the arbitration request.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.](2022) No. 1647 of Beijing Municipal Administration of Justice
[Trial Court]The Beijing Municipal Higher People's Court
[Judicial Summary]As the head of the personnel management department, a worker claims from the employing unit the double wage for not signing a labor contract. If the employing unit can prove that the signing of the labor contract belongs to the head of the personnel management department's job responsibilities, the claim may not be supported; except where there is evidence to prove that the worker has proposed to sign a labor contract with the employing unit but the employing unit has refused to do so. If the head of the personnel department fails to submit sufficient evidence to prove that he/she has urged the signing of the contract, the claim for the double wage difference should not be supported.
[Source]Liaoning Court Network (People's Court of Bobai District: Nine Adjudication Views on Double Wages in Labor Disputes, Referring to the Ruling of the Beijing Higher People's Court) (2023)

[Case No.]Lu Fa Case [2025] 173
[Trial Court]The People's Court of Huaiyin District, Jinan City, Shandong Province
[Judicial Summary]Where the employer fails to conclude a written labor contract with the employee within one month but less than one year from the date of employment, it shall pay double wages. However, this provision is a punishment for the employer's intentional failure to sign or delay in signing a labor contract. For company executives and human resources managers whose job responsibilities include managing the signing of labor contracts, they themselves have the responsibility to sign labor contracts with employees and are aware of the legal consequences. If there is no evidence to prove that they have requested the employer to sign a contract but been rejected, the court will not support their claim for double wages.
[Source]Guangming Net (Hua Yin Court: If no written labor contract is signed, do employers still have to pay double wages?) (2025)

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·Attorney Feng Na·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.