If your employer fails to execute a written employment contract after one month, demand double wages starting from the second month (capped at 11 months); after one year, an open-ended contract is legally established

If an employer fails to sign a written employment contract after one month of work, they must pay you double monthly wages starting from the second month, up to a maximum of 11 additional months. If a full year passes without a written contract, you are legally deemed to have an open-ended (permanent) employment contract. If the company presents a contract to sign, do not deliberately refuse to sign, as intentional employee obstruction forfeits double wages.

Zero financial outlay. Preserve evidence of active employment: payroll bank deposits, attendance clock-ins, corporate badges, and work-related chat records. If the employer refuses, file for labor arbitration (free of charge, mandated to conclude within 45 days, extendable by 15 days). Appeals proceed to court; first-instance regular civil procedure takes at least 6 months with personal legal fees. The difficulty is asserting legal claims while remaining employed at the company.

The Labor Contract Law mandates that employers execute written labor contracts upon establishing employment relationships; if not signed on the first day, contracts must be executed within one month of employment commencement. Where an employer fails to execute a written contract after more than one month but less than one year, it must pay the employee twice their monthly wage. Implementing regulations clarify the exact calculation period: starting on the day following the completion of the first month and ending on the day preceding retroactive contract execution. Where one year has elapsed without a written contract, double wages are payable up to the day before the one-year mark (capped at 11 months of double wages); from the one-year mark onward, an open-ended employment contract is legally deemed established, and the employer must retroactively execute the contract immediately. Under Supreme People's Court judicial interpretations effective September 2025, double wages are calculated monthly (or by actual working days for partial months); employers are exempt from double wages only if they prove non-execution was caused by force majeure or the employee's intentional refusal/gross negligence. If an employee refuses to sign upon written notice during the first month, the employer may terminate employment in writing with zero severance, paying only accrued wages for days worked. Once an open-ended contract is legally established, subsequent claims for double wages are not supported.

Statutory limitations: under Beijing judicial standards, claims for double wage differentials are subject to a 1-year arbitration statute of limitations, calculated backward by days from the date of application; delaying claims reduces recoverable months. Apply for arbitration promptly while employed or upon departure. If retroactively executing a contract, backdating the effective date to your first day generally extinguishes double-wage claims unless you prove signature under duress. Employer compliance requirements for hiring within the first month are detailed in Chapter 12, Rule 16.

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