According to Article 10 of the Labor Contract Law: "To establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. "

Article 82 stipulates: "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary."

After the expiration of the labor contract, the employee has worked in the employer for a certain number of years, and the renewal of the labor contract may involve changes in the position, salary and welfare of the employee, which requires the employer and the employee to renegotiate and conclude a new written labor contract; In addition, from the analysis of legislative intent, it is required that the employer sign a written labor contract with the employee within one month from the date of employment, which is conducive to building a harmonious and stable labor relationship, safeguarding the legitimate rights and interests of the employee, and putting an end to the phenomenon of forming a factual labor relationship without signing a written labor contract.

Therefore, if the labor contract is not renewed, double wages shall be paid.

In practice, Chengdu Intermediate People's Court [civil judgment of second instance of labor dispute between Sichuan Huaxi Building Decoration Engineering Co., Ltd. and Sharla Cheung (20 15) No.4922, and civil judgment of second instance of labor dispute between Chengdu Youke Catering Management Co., Ltd. and Zou Yan (20 15) No.33];

Luzhou Intermediate People's Court [Tian, Min Shengping, Min and Gulin County People's Hospital v. Chen (20 15) Zhong ZiNo. 12 civil judgment of second instance. 1 1];

Jinniu District People's Court [Li Mingliang and Sichuan Nonferrous Technology Group Co., Ltd. Civil Judgment of First Instance on Labor Dispute (20 13) Jinniu Minchuzi No.5738] and other cases all support the above viewpoint.