实生活中涌现出大量新型劳动争议案件显示出对该条款的适用性困局。对此,应切实考量现实生活需要以及在法律制度设立时对双方利益的均衡要求,在追求公平的劳动环境基础之上均衡劳资双方权益,构建合理的利益协调机制,并向弱势群体——劳动者适当倾斜,双倍工资罚罚期可在用人单位不与劳动者签订劳动合同一个月后延续至签订劳动合同之日止,并在未来劳动法立法修改中有所体现。 The fact that a large number of new types of labor disputes have emerged in real life shows the dilemma of applicability to this clause. In this regard, we should consider the needs of real life and the balance of interests of both parties when the legal system is established, balance the rights and interests of both employers and employees on the basis of the pursuit of a fair working environment, establish a reasonable coordination mechanism of interests, and provide assistance to the disadvantaged groups Who are properly inclined, the double wage penalty period may not extend to the date of signing the labor contract after the employer has signed the labor contract with the employee for one month and will be reflected in the legislative revision of the future labor law.