16Evidence A

Sign a written contract within the first month of employment; register for social insurance within 30 days

If an employee starts working and no written contract is signed within the first month, the employer must pay double wages starting from the second month, continuing until the end of the first year of employment. Social insurance must be registered within 30 days of hiring; failure to do so results in fines equal to 1–3 times the amount of unpaid premiums. There is no legal provision allowing employees to voluntarily waive their right to social insurance coverage.

Cost

The portion of social insurance premiums that employers mu…

Benefit

Employers must pay double wages to employees who have worked for at least one month but still lack a written c…

Cost

The portion of social insurance premiums that employers must pay must be paid continuously; the exact percentages vary by region. There is no cost to drafting the contract itself — simply use the standard template provided by local labor authorities.

Benefit

Employers must pay double wages to employees who have worked for at least one month but still lack a written contract, starting from the second month of employment. Social insurance must be registered within 30 days of the employee’s first day on the job; failure to comply triggers mandatory corrective orders. After this deadline, fines of 1–3 times the unpaid premiums apply, and the responsible personnel face individual fines ranging from 500 to 3,000 yuan. Late or incomplete premium payments incur a penalty of 0.05% of the outstanding amount per day (late fees). If payments remain unpaid past the deadline, additional fines of 1–3 times the original debt apply. Employers bear sole responsibility for timely registration and full premium payments; only legally recognized force majeure events such as natural disasters permit temporary delays or reductions. No provision exists for employees to voluntarily forgo social insurance benefits (applies nationwide).

Original sources

全国人大常委会 (2007). 劳动合同法(第十、八十二条). https://www.gov.cn/gongbao/content/2007/content_711013.htm;全国人大常委会 (2010). 社会保险法(2018 年修正,第五十八、六十、八十四、八十六条). https://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/fl/202011/t20201102_394629.html

Open source link
Book note

Double wage obligations remain in effect from the second month through the end of the first year of employment, making delays increasingly costly. Employees without a written contract or unpaid social insurance coverage who suffer workplace injuries or later file labor disputes often face combined costs of retroactive payments, fines, and compensation that far exceed any initial savings the employer might have realized.

My note