《劳动合同法》规定了两种情形下(一是“自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的”;二是“自应当订立无固定期限劳动合同之日起而未订立的”),用人单位向劳动者每月支付双倍的工资。然而,司法实践中,“双倍工资”之罚则并非如上述法条规定的那样简单。下面案例警示劳动者在主张此项权益时,要注意防止下列五个误区。 The Labor Contract Law stipulates that under two kinds of situations (first, “no written labor contract shall not be concluded with the laborer for more than one month from the date of employment”; secondly, The date of the contract has not been established “), the employer to the workers to pay double the monthly salary. However, in judicial practice, the penalties of ”double pay" are not as simple as those prescribed in the above-mentioned law. The following case alerts workers in claiming this interest, we must pay attention to prevent the following five errors.