How does the law on double pay say, what does the law say about double pay?

The law stipulates that if the employer fails to sign a labor contract for more than one month but less than one year from the date of employment, the employer shall pay twice the monthly salary to the employee; If the employer fails to sign the labor contract for more than one year from the date of employment, it shall be deemed to have signed an indefinite-term labor contract, and Kai Baoming shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. Double wages are generally paid for no more than 11 months.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China provides that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Where an employer arranges labor on statutory holidays or rest days due to the needs of production and operation, it shall pay wages in accordance with the following standards: (1) If labor is arranged on statutory holidays, it shall be paid remuneration not less than three times the wage; (2) If work is arranged on a rest day, a remuneration of not less than twice the salary shall be given. Therefore, if the employer arranges for employees to work on statutory holidays or rest days, it shall pay double wages in accordance with the law.

However, it should be noted that for some special industries such as hospitals, transportation, etc., their employees need to work on statutory holidays or rest days, and be compensated accordingly in accordance with relevant regulations. Thank you for your inquiry, I wish you a happy life, if there is anything else you don't know, you are also welcome to ask<>

Hello Thank you for your consultation The legal provisions of double wages are as follows: According to Article 41 of the Labor Law of the People's Republic of China, if a unit with a person uses Buming to arrange labor on statutory holidays or rest days due to the needs of production and operation, it shall pay wages according to the following standards:

1) Where labor is arranged on statutory holidays, remuneration shall be given not less than three times the salary; (2) If labor is arranged on a rest day, a remuneration of not less than twice the amount of wages shall be given. Therefore, if the employer arranges for employees to work on statutory holidays or rest days, it shall pay double wages in accordance with the law. However, it should be noted that for some special industries, such as medical and ceremonial meditation institutes, transportation, etc., their employees need to work on statutory holidays or rest days, and be compensated accordingly in accordance with relevant regulations.

In addition, in practice, enterprises can sign labor contracts and collective contracts with employees to clarify the payment methods and specific standards of double wages. At the same time, we should also pay attention to abide by relevant national laws and regulations to protect the legitimate rights and interests of employees. If the employer refuses to pay double wages, the employee can file a complaint with the local labor inspection department to protect the sails or legitimate rights and interests of the employee.

Article 82 of the Labor Contract Law: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Article 6 of the Regulations for the Implementation of the Labor Contract Law: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not enter into a written labor agreement with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay severance in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

1. How long should double pay be claimed.

There are two parts to double wages, one is the salary you should have received, and the other is the punitive salary that the employer should bear for violating the law. For these two parts of wages, the length of time you claim to the employer is different.

1) For regular wages, you can file within one year of the occurrence of a labor dispute;

2) There are actually different approaches to how long the punitive wages can be claimed from the employer: the first approach is that it should be claimed on a monthly basis within one year; The second approach is that it should be claimed within one year from the day after the employee has completed one year of service; The third approach is to hold that punitive wages are also part of the employee's remuneration and should be filed within one year from the date of termination of the employment relationship.

2. The scope and base of double wages.

In practice, double wages are generally compensation after wages have been paid, so the difference between double wages should be written when applying for arbitration and filing a lawsuit.

In general, when double wages are compensated, you can also claim severance payments, overtime pay and compensation, and social insurance.

When the compensation for double wages is based on the actual salary, the actual salary includes commissions and bonuses, etc., and cannot be referred to as the minimum wage. Arbitration institutions in many parts of China often mistakenly refer to the minimum wage when making arbitral awards, which is wrong, and some labor departments protect the interests of enterprises in disguise, so they are corrected when they go to court to file a lawsuit.

Double wage provisions: If the employer fails to sign a labor contract for more than one month but less than one year from the date of employment, the employer shall pay twice the monthly salary to the employee; If the employer fails to sign the labor contract for more than one year from the date of employment, it shall be deemed to have signed an indefinite-term labor contract, and shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded. Double wages are generally paid for no more than 11 months.

According to Article 82 of the Labor Contract Law of the People's Republic of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of notification of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, he or she shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.