1. How to determine the validity of supplementary contracts in the Civil Code. According to the Civil Code, supplementary contracts are legally effective if the parties have civil capacity and do not violate the mandatory provisions of the law and public order and good customs. Article 143 of the Civil Code of the People's Republic of China Conditions for Validity of a Civil Legal Act A civil legal act is valid if it meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 51 Remedies Not Agreed in the Contract or Not Clearly Agreed; After the contract comes into effect, if the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc., they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
second, can the labor contract be reissued? You can reissue it, and you also have the right to ask for double salary. However, it will be unfavorable for you to ask for double pay for your rights protection. The key is that you can't prove that the contract is a supplementary sign. 1. "The company has to sign a supplementary labor contract", and after deducting it for one month from the date of employment to the time of supplementary signing, double pay should be paid according to the Labor Contract Law. 2. If the employee refuses to sign the contract, he can notify himself in writing according to the Regulations on the Implementation of the Labor Contract Law: "Come to the Human Resources Department to sign the labor contract before XX, and if he fails to sign it within the time limit, the labor relationship will be automatically terminated". (delivered to me and signed by me) 3. In the future, this person "claims double wages for this matter", and it is not necessary to pay double after the date when I sign for it. 4. Generally speaking, employees who are willing to work in the company will not refuse to sign the contract (because their legitimate rights and interests are protected), nor will they claim double wages from the company before signing the contract (because people are reasonable and they have not paid double labor). 5. It is not excluded that some simple-minded greedy people maliciously refuse to sign the contract and wait for a claim for double wages. The labor relationship can be terminated after being dealt with according to Article 2 and Article 3! Through the above analysis, we can know that according to the provisions of the Civil Code, if the contract is not clear, a supplementary contract can be signed. The parties to the contract have civil capacity and express their true intentions. If they do not violate the mandatory provisions of the law and public order and good customs, they have legal effect.