关键词: 二倍工资规则, 立法原意, 倾斜眧完善建议

Abstract: The defects of the legislation lead to the controversy between theory and judicial practice over “double salary” rules, which is in urgent need of improvement. In a macroscopic view, the perfection of “double salary” rules should be on the basis of the legislative intent, make analysis through labor legal thinking and persist in the standpoint and principle of protection. In a microscopic view, it should be integrated with practice and specific studies and analysis should be made on the core issues, such as doctrine of liability fixation, application, prescribed period for arbitration and computing term.

Key words: double salary rule, legislative meaning, slope protection, perfection suggestion