关键词: 二倍工资, 社会法, 意志自由, 劳动报酬

Abstract: The more controversial disputes over double wages without a labor contract is the definition of double wages and when the arbitration limitation period starts. There are two viewpoints in practice: one is that double wages are the labor remuneration in arrears， and the time limit starts from the termination of the labor contract; the other is that double wages are punitive compensation， and the time limit starts from the time when the workers should know that their rights have been violated. Both ways of analysis fall into the misunderstanding of thinking， which should be analyzed from the social law attribute of labor law. When the status of labor and capital is unequal， the workers' free will be limited， which limits the possibility of bringing a lawsuit against the employer during their employment. Therefore， the labor dispute mediation and arbitration law makes an exception to the statute of limitation of labor payment dispute， allowing it to start from the termination of the labor contract. From a holistic perspective， this is the legal corroboration of workers' free will， and should also be considered when dealing with the double-wage disputes.

Key words: double wages, social law, free will, labor remuneration