Can a company claim double wages if it pays social security to its employees but doesn't sign a labor contract?

You can ask the employer to make up the contract and pay twice the salary, or you can terminate the labor relationship at any time and ask for economic compensation.

First, make up the contract and pay twice the salary.

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 has not concluded a written labor contract with the employee for one month, it shall be complacent and pay the employee twice the salary from the next day of one month. If a worker fails to sign a contract for one month and less than one year, he will 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 an employee fails to sign a contract for one year, it shall be deemed as an open-ended labor contract, and the formalities shall be completed immediately. From the day after one month's complacency to the day before one year's expiration, the employee shall pay double wages, totaling 1 1 month.

Workers should claim twice their wages in time to avoid failing to get legal support beyond the arbitration period. 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 you know or should know that your rights have been infringed.

Second, terminate the contract at any time and demand economic compensation.

Failure to sign a contract for one month violates the mandatory provision of Article 10 of the labor contract that "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", which belongs to the situation that the employer violates the mandatory provisions of laws and administrative regulations as stipulated in Item (10) of Article 18 of the Regulations for the Implementation of the Labor Contract Law. It belongs to Article 38 (6) of the Labor Contract Law). In other cases where the laws and administrative regulations stipulate that the employee can terminate the labor contract, the employee can notify the employer to terminate the contract at any time and require the unit to pay the economic compensation of one month's salary every year according to Article 46 (1) and Article 47 of the Labor Contract Law.

Three or two times the wage limit

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.

There are different regulations on the starting date of the double pay limit in different places. Beijing, Shanghai, Guangdong, Jiangxi and other provinces and cities apply the "month-by-month algorithm", and "the time limit for arbitration is calculated on a monthly basis from the second month after the written labor contract has never been signed";

Shandong, Chongqing and other provinces and cities adopt the "expiration algorithm", "the limitation period of arbitration starts from the date of expiration of the final performance period";

Jiangsu and Heilongjiang adopt "counting from the date of termination and expiration of the illegal act", that is, if the employer fails to sign a contract for less than one year, the employer fails to sign a written labor contract from the day after the end of the illegal act, and the time limit for applying for arbitration without signing a contract for one year starts from the day after the expiration of one year;

A few provinces and cities, such as Hubei, have adopted the "labor relations termination algorithm", and "the time limit for applying for double wage arbitration is one year from the date of termination of labor relations".