[Direct answer]In the Beijing area, compensation is available and the rules are very clear - the labor relationship is established from the date of employment, and the probation period is included in the term of the labor contract; if the employment lasts more than one month but less than one year without signing a written contract, the employer shall pay double wages monthly from the day following the expiration of the one-month period; the verbal arrangement of "signing a contract after passing the probation period" has no legal effect, and two public cases have confirmed this point: Chenggu Court ruled that the salesperson who did not sign a contract was awarded a double wage difference of 7,400 yuan, and Guiyang Court ruled that the electrician who agreed on a probation period orally was awarded a double wage difference of 2,900 yuan - the probation period is not a period for exemption from signing a contract.

1. Problem background and typical scenarios

When I was hired, the company said, "There's a three-month probationary period. If you pass, we'll sign a contract with you." However, after completing the probationary period, the worker was either dismissed or transferred to a regular position, only to find that the contract had never been signed—leaving the worker with unclear issues regarding wages, social insurance, and compensation. This kind of verbal probationary arrangement is extremely common in small and medium-sized enterprises.

II. Key points of contention

1. The starting and ending dates of the double pay period. 2. The legal boundaries of the probationary period stipulated in the contract. 3. Key points for collecting evidence. 4. The statute of limitations for arbitration and the pace of protecting one's rights.

III. Professional analysis by Henglue Lawyers

The first layer: The calculation rules for double wages: Starting point – the day following the first month after the date of employment; Ending point – the day before the signing of a written contract. If a contract is not signed within one year, it is deemed to have been concluded as an open-ended contract, and double wages are calculated until November of the second year. Let’s look at an example: In a case heard by the Chenggu County Court, Zhao *joined a sales company in October 2023 but was never contracted. The court determined that the employment relationship began on the date of employment and ordered the company to pay Zhao the difference in double wages from November 8, 2023 to January 4, 2024 – the calculation fully followed the rules. A counter-example: In a case heard by the Guiyang County Court, Kuang *was verbally informed of a two-month probationary period and a written contract after passing the probation. However, Kuang was dismissed during the probationary period. The court ruled that the probationary period was included in the labor contract term and ordered the school to pay the difference of 2,900 yuan. The "probation-after-contract" practice failed to circumvent the legal provisions. The second layer: Legal boundaries of the probationary period: - Labor contracts with a term of completing specific tasks or less than three months may not stipulate a probationary period; - Probationary periods of more than three months but less than one year should not exceed one month; - Probationary periods of more than one year but less than three years should not exceed two months; - Probationary periods of more than three years or open-ended contracts should not exceed six months; - The same employer and worker can only stipulate one probationary period; - Excessive probationary periods beyond the allowed duration must be paid at the regular wage rate and may result in additional compensation; - Arrangements of "first probation, then signing a contract" violate both the requirement of signing a written contract and the illegality of the probationary period. The third layer: Evidence list: - Proof of employment relationship: - Work badges and uniforms; - Attendance records; - Salary payment records (bank transfer notes indicating "salary"); - Chat logs and emails in work groups; - Social insurance or personal income tax records; - Proof of employment start date: - Employment registration forms; - Recruitment notices; - Daily attendance records on the first day of employment; - Proof of failure to sign a contract: - The employer bears the burden of proof for the existence of a signed contract (contracts are kept by the employer); - The worker bears a lighter burden of proof for failure to sign a contract; - Proof of salary base: - Double wages are calculated based on actual earned wages; - Pay slips and payment records lock in the base amount. The fourth layer: Statute of limitations and procedural timing: - Double wages are punitive claims with a one-year arbitration statute of limitations, calculated from the date of payment (different regions have slightly different rules, but Beijing follows a monthly calculation); - Unpaid months beyond the one-year statute of limitations will expire; - Early application for arbitration when discovering unpaid wages; - Claim combination: - Double wages + compensation for unlawful termination (if dismissed during the probationary period, review the termination reasons and procedures); - Supplementary social insurance payments. - Documenting the pre-arbitration reminder (written demand for a contract) both establishes facts and demonstrates good faith, which boosts the case in court.

IV. Practical suggestions and legal basis

The first step is to send a written notice to the employer within one month after starting work, urging them to sign a contract; the second step is to gather evidence of the fixed labor relationship and the wage base; the third step is to apply for arbitration within the statute of limitations to claim the double wage difference and related requests; the fourth step is to simultaneously review the legality of the dismissal during the probationary period and claim compensation. The main legal basis: Articles 10, 19, and 82 of the Labor Contract Law of the People's Republic of China, and Articles 6 and 7 of the Implementing Regulations of the Labor Contract Law; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points to note during the probationary period: the labor relationship begins from the date of employment, and the probationary period is not an exemption period; the salary during the probationary period shall be double that of the regular period after one month, and the statute of limitations is one year, so it's better to take action as soon as possible; the employee badge, attendance records, and group chats are all evidence, and the company starts collecting evidence on the first day of employment. For compensation issues related to the probationary period, you can file a lawsuit through legal channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes assisting with the settlement of compensation claims.Special servicesFor those involved in making up for social insurance payments, please refer to the relevant information.Special services and other casesFor any questions regarding difficult situations, you can seek advice from the columnSpecial services and other casesColumn.

VI. Frequently Asked Questions

Q1: For how long can one claim double pay?

The maximum period is eleven months—counting from the day after the employee starts working to the end of the first year; the calculation stops after the supplementary signing, and the first year is considered as having entered into a non-fixed-term contract.

Q2: The company asked me to sign a blank contract. What should I do?

Refuse the signing of the contract and keep the evidence; for those who have signed a blank contract, claim that the content of the contract is not valid without negotiation, and at the same time, assert rights according to the path of an unsigned contract.

Q3: Can I claim compensation if I'm dismissed during the probationary period?

Look at the reasons for dismissal - for those who do not meet the employment conditions, the employer needs to provide evidence and the employment conditions should be clearly stated in advance; for those who are dismissed without any reason, it is an illegal termination, and they can claim compensation.

Q4: Does the double pay include overtime pay and bonuses?

Generally, the base amount is the salary earned during normal working hours. There are differences in the calculation methods for overtime pay and bonuses in different regions. The calculation methods in the local arbitration court shall prevail.

Q5: Within how long after leaving the job should I apply for arbitration?

The statute of limitations for the difference in double wages is one year, calculated on a monthly basis. Applications should be submitted as soon as possible after leaving the job. Any part of the month that exceeds the statute of limitations will result in the loss of the right to win the case.

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 outlets that have been publicly released. They are unrelated to the cases handled by our firm and are provided solely for reference in understanding relevant adjudication rules. They do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Chenggu County, Shaanxi Province
[Judicial Summary]Zhao * joined the sales company in October 2023, but the two parties have never signed a written labor contract. The court determined that the labor relationship was established from the date of employment, and the employer should conclude a written contract within one month but less than one year from the date of employment. Otherwise, it should pay double wages every month. The court ruled that the company should pay the difference of double wages of 7,400 yuan for the period from November 8, 2023 to January 4, 2024.
[Source]China Court Network, September 2024 (2024-09)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Guiyang County, Hunan Province
[Judicial Summary]Kwang * was employed as a water and electricity maintenance worker at the school. The two parties verbally agreed that the probation period would last for two months, and a written contract would be signed after passing the probation. However, Kwang * was dismissed during the probation period. The court held that the employment relationship was established from the date of employment, and the probation period was included in the term of the labor contract. The employer should pay double wages for the period exceeding one month without signing a written contract. The court ruled that the school should pay the difference in double wages, amounting to 2,900 yuan.
[Source]The official website of the People's Court of Guiyang County, Hunan Province, 2024-09 (2024-09)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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.