劳动合同法实施以来,未签订书面劳动合同双倍工资罚则的纠纷呈上升趋势。本文从一起真实的典型案例分析入手,阐明未签订书面劳动合同的法律责任界定应视具体情况而定,依据公平合理、诚实信用、缔约过失责任等原则来确定用人单位是否需要承担双倍工资罚则的法律责任。 Since the implementation of the Labor Contract Law, disputes over the penalties for double wages without a written labor contract have been on the rise. This article starts from a typical case study, and clarifies that the legal liability definition of a non-signatory labor contract should be determined according to the specific circumstances. According to the principles of fairness and reasonableness, honesty and credit, and contracting negligence, the employer should determine whether the employer should bear the double wage penalty Then the legal responsibility.