1. Basis and starting point
Article 10 requires a written contract, to be concluded within one month of the employment start date where one was not signed immediately.
Article 82 provides double wages for each month after the first month and up to one year where no written contract was signed. The first month is a grace period, so the liability starts the day after the first month of employment is completed.
2. Why the ceiling is 11 months
Article 14(3) deems an open-ended contract to exist where no written contract has been signed after one year of employment, which stops the double-wage liability. Twelve months minus the grace month leaves 11 months.
In practice the claim is for the differential: the extra month on top of the wage already paid each month. This tool estimates that differential.
3. Fixing the period
Start: the day after the first month of employment is completed.
End: the day before the written contract is signed, or the day before the first anniversary if no contract has been signed at all.
Partial months are usually pro-rated by calendar days, although some localities compute by whole months; this site pro-rates and shows the working.
4. The limitation period is the main risk
The differential is generally not treated as wages, so the one-year arbitration limitation applies rather than the ongoing-employment exception. Local practice differs on whether each month runs separately or the whole claim runs from the end of the signing window.
Claiming early matters: the longer after leaving, the more months risk being time-barred. This tool flags the risk but does not decide whether the claim is late.
5. Situations that also give rise to double wages
Beyond a first engagement with no contract, these situations commonly create liability as well:
- Work continuing after a fixed term expires without a new written contract.
- Arrangements labelled as service or contractor agreements that in substance constitute employment.
- Failure to give the employee a copy of a signed contract where the employer cannot prove a contract was concluded (local practice varies).
- Start of employment: 15 March 2024, monthly wage CNY 8,000
- Contract signed: 20 January 2025 → liability period 16 April 2024 to 19 January 2025
- That period is 9 months and 3 days ≈ 9.10 month equivalents (under the 11-month ceiling)
Result: Differential ≈ 9.10 × 8,000 = CNY 72,789.04 (illustrative; use actual wages and local practice)
FAQ
The contract was signed but I never received a copy. Does that count?
If the employer can prove a written contract was concluded, the double-wage claim usually fails, but the employee may demand a copy. Local practice differs on non-delivery.
Is the differential taxable?
It is generally treated as salary income; confirm with the applicable tax rules.
What happens after the first year?
An open-ended contract is deemed to exist from the first anniversary, which ends the double-wage liability; later disputes follow open-ended contract rules.
This site provides automated calculations and general information only. It is not legal advice.