中华人民共和国劳动合同法实施条例 第六条
用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的,应当依照劳动合同法第八十二条的规定向劳动者每月支付两倍的工资,并与劳动者补订书面劳动合同;劳动者不与用人单位订立书面劳动合同的,用人单位应当书面通知劳动者终止劳动关系,并依照劳动合同法第四十七条的规定支付经济补偿。
前款规定的用人单位向劳动者每月支付两倍工资的起算时间为用工之日起满一个月的次日,截止时间为补订书面劳动合同的前一日。
Regulationon the Implementation of the Labor Contract Law of the People's Republic of China, Article 6
Where an employer fails to conclude a written Labor Contract with an employee after the lapse of more than one month but less than one year from the date when the employee is employed, it shall pay to the worker his monthly wages in double amount according to Article 82 of the Labor Contract Law, and shall conclude a written Labor Contract with the employee. Where an employee refuses to conclude a written Labor Contract with his employer, the employer shall terminate the employment relationship, notify the employee in writing, and make economic compensations to the employee according to Article 47 of the Labor Contract Law.
The start time of the period when an employer is required to pay an employee his monthly wages in double amount shall be the day following the full month from the day when the employee is employed, and the end time shall be the day before the day when the written Labor Contract is concluded.
更新日期:2018-08-20