According to Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, if the employer fails to sign the contract within one month, it shall pay the employee twice the salary from the day after one month. If a worker fails to sign a labor contract for one month but less than one year, he shall be paid twice the salary from the day after he is complacent for one month to the day before he renews the written labor contract; If a worker fails to sign a contract for one year, it will be regarded as an open-ended labor contract, and the formalities will be completed immediately. From the day after one month of complacency to the day before the full year, the salary will be doubled, *** 1 1 month.
According to Article 27 of the Labor Dispute Arbitration and Mediation Law, the limitation of labor dispute arbitration is one year, counting from the day when the parties know or should know that their rights have been infringed.
For the starting point of the double salary limit, there are different regulations in different places, and there are roughly the following four starting algorithms:
First, Beijing, Shanghai, Guangdong, Jiangxi and other provinces and cities apply the "month-by-month algorithm" and "calculate the arbitration limitation on a monthly basis from the second month after signing a written labor contract";
Two, Shandong, Chongqing and other provinces and cities to adopt the "expiration algorithm", "arbitration limitation period from the date of expiration of the final performance period";
Third, Jiangsu and Heilongjiang adopt the "counting algorithm from the expiration of the illegal act", that is, if the employer has not signed a contract for less than one year, it will be counted from the day after the end of the illegal act that the employer has not signed a written labor contract, and if the period for applying for arbitration without signing a contract is one year, it will be counted from the day after the expiration of one year;
Four, a few provinces and cities such as Hubei adopt the "labor relations termination algorithm", "the time limit for applying for double wage arbitration starts from the date of termination of labor relations, and the time limit is one year".