不订立书面劳动合同应付二倍工资之诉讼时效探讨

摘要

By analyzing the legislative intent of Article 82 of the Labor Contract Law and the relevant legal provisions and its basic legal principles, We can determine the day which deemed to have entered into a non-fixed term labor contract is the start time that the employer shall enter into a written labor contract, the limitation of actions about double wages claims beginning the day which deemed to have entered into a non-fixed term labor contract. We can also determine the wage by the second times is a labor remuneration, therefore, the limitation of actions is calculated starting from the date of termination of the labor contract. It is consistent with the purpose and value of our labor legislation.%通过分析《劳动合同法》第82条及相关法律条文的立法原意及其基本法理，可以认定“视为已订立无固定期限劳动合同”之日即是用人单位应当订立书面劳动合同的起始时间，劳动者主张二倍工资的诉讼时效从“视为已订立无固定期限劳动合同”之日起计算，也可以认定加倍支付的“工资”即为劳动报酬，诉讼时效从劳动合同终止之日起计算。这符合我国劳动立法的目的和基本价值。