Suzhou lawyer Zhou Zhongsheng Tel: 18962104280 QQ:1845 187961

A, [double] did not sign labor contract wages "labor contract law"Article eighty-secondIn Japanese employee employer has more than one month but less than one year and not conclude a written labor contract, it shall pay the laborer the salary of two times.

Two, [Prescription] "Labor dispute mediation and Arbitration Law"ArticleArticle twenty-sevenThe period of limitation of labor dispute arbitration for one year. Arbitration time period from the party knows or ought to know the rights have been violated from the date.
    The limitation of the provisions of the preceding paragraph, where a direction opposite party claims rights, or to the relevant departments request right relief, or the consent of the other party to fulfill the obligations and interrupt. From the time of the interruption, limitation of arbitration during the re calculation.
    Due to force majeure or other legitimate reasons, the parties can not be in the first paragraph of this article limitation of arbitration for arbitration, the arbitration shall be suspended. The grounds for the suspension are eliminated from the date of the limitation period, continue to calculate.
    During the existence of the labor relations in dispute of labor remuneration, the employee applies for arbitration is not affected by the time during the arbitration, the provisions of the first paragraph of restrictions; however, the termination of labor relations, shall be made within one year from the date of termination of labor relations.

Three, [explain] agingThe limitation of action calculation point refers to know or should know the day right had been infringed began, when the right is infringed is a continuous state, from knew or should have known that right is infringed by the state to end date. Did not sign labor contract is a kind of persistent state, so the state should end date.
 "The Jiangsu Provincial Higher People's Court of Jiangsu province guidance" labor dispute arbitration committee firstThe laborers from the employers are not signed a written labor contract by the employer and claim two times of monthly wages dispute, labor dispute arbitration committee and the people's court shall accept the case according to law.On two times salary belongs to the employer the legal compensation part, a laborer applies for arbitration of the application of limitation of "mediation arbitration law" in twenty-seventh the first paragraph, the end is the illegal behavior from the employer did not sign a written labor contract the start one year; such as workers already full in the employing unit work years, calculate the year day laborer applies for arbitration of the expiration of the term of limitation from the year of.

Four, [double wage standard]"The Jiangsu Provincial Higher People's Court of Jiangsu province guidance" second labor dispute arbitration committees of the employer for failing to sign a written labor contract with the laborer should pay a monthlyTwo times salary shall be determined in accordance with the workers, monthly wages, including hourly wages or piece rate wages and overtime wages, bonuses, allowances and subsidies, monetary income. The workers monthly wages contains quarterly award, award of half an year, year-end bonus, should be assessed after the month actually winning gold number to be determined.

Five, [labor after the expiration of the contract did not sign labor contract should also pay double salary, but except for the special circumstances] "the Jiangsu Provincial Higher People's Court of Jiangsu province labor dispute arbitration committee guiding opinions" article third laborAfter the expiration of the contract, the workers continue to work on the employer, the employer for more than one year and not conclude a written labor contract is less than a monthWorkers request, the employer shall pay monthlyTwo times the wage, shall support. The employer for more than one year and not conclude a written labor contract, as the two sides have signed a non fixed term labor contract. Article fourth labor after the expiration of the contract, shall be continued in accordance with the "labor contract law" provisions of article forty-second, workers ask the employer to pay the labor contract labor contract is not signed the extension continued during the monthly pay two times, does not support.

[six, senior management personnel labor contract forms]] "the Jiangsu Provincial Higher People's Court of Jiangsu province labor dispute arbitration committee guiding opinions" article sixth the employer not withSenior management personnelThe signing of a written labor contract, but with peopleThe unit can provide employment decision or letter of appointmentTo prove the existence of both the labor rights and obligations, and has been performed, senior management in order to not sign a written labor contract by the employer monthly requestsPay pay two times, does not support.

Scope of the senior management staff based on the "PRC Company Law" article 217th (a) the provisions of item to be determined.