The Labor Contract Law establishes a compensation system whereby employers are liable for double wages if they fail to conclude a written labor contract in accordance with the regulations.The lack of clarity in application rules,such as constituent elements,attribution principles and recognition standards,has led to dis-putes in the application of the system,and has also led to the phenomenon of employers circumventing the appli-cation of the system and workers abusing lawsuits in practice.To this end,the judicial authorities have limited the scope of application of the system of double wages by reinterpreting the principles of attribution,the mode of protection and the written form.The future improvement of the system should respond to the reality of labor stratification and limit the right of claim of workers with aggressive personalities,and the specific paths include:differentiating between the targets of regulation and autonomy,and forming a systematic adjustment of collective labor relations and individual labor relations;incorporating subjective fault and damage consequences into the li-ability elements,adding exemptions from liability,and introducing an exemption system for small and micro-en-terprises;establishing a model of flexible multiples of up to two times the wages for the compensation and im-plementing a cap system;establishing a list of abnormal cases of worker rights protection.
double wagesa written labor contractsocial stratificationrestrictive application
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