Order to extend a fixed-term employment contract

When is a fixed-term employment contract renewed?

If an employer in 2020 wants to extend the employment relationship with an employee for a certain period, this can only be done through dismissal and hiring under a new fixed-term contract. After all, a fixed-term employment contract is concluded for a certain period, but not more than five years (Articles 58, 59 and 275 of the Labor Code). A fixed-term employment contract can be extended in two cases:

The fixed-term employment contract expires during the woman’s pregnancy. Then the employer, upon a written application from the employee, can extend the term of the employment contract until the end of the pregnancy (Part 2 of Article 261 of the Labor Code).
An employee is elected through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract (Part 8 of Article 332 of the Labor Code).

Thus, in the general case, an organization does not have the right to draw up an additional agreement to a fixed-term employment contract to change its validity period (for a certain period). An organization can only conclude a new employment contract after dismissing an employee.

plbarber.ru

To do this, enter into an additional agreement with the employee to the employment contract.

Indicate in it:

the amount of additional payment for temporary replacement of professions (positions);
the period during which the employee will perform additional work.
work of the position, its content and volume;

This conclusion can be drawn from Part 2 of Article 57, Articles 60.2, 72, Part 2 of Article 151 of the Labor Code of the Russian Federation.

Advice: if the organization cannot determine the moment when the absent employee returns to work, then do not fix the specific end date of the temporary replacement in the additional agreement.

“The employee is entrusted, as a temporary performance of the duties of an absent employee, with performing the duties of the chief accountant during the absence of the chief accountant I.I. Iyvanov. with an additional payment of 25 percent of the salary for the position being filled"………". Order to change the period of temporary replacement: “…….In connection with the extension of the period of annual paid leave caused by the temporary disability of employee Ivanov I.I.

It will be useful for you to learn about the Substitution of a temporarily absent employee during vacation in the material at the link.

I order: 1. Extend the period of temporary replacement of the absent employee by P.P. Petrov. for the entire period of temporary absence of Ivanov I.I. 2. Establish an additional payment of 25 percent of the salary for the position being filled to P.P. Petrov.

for the entire period of absence of Ivanov I.I. 3. In fact, only the end date of the employment contract will change.

It is important to keep in mind that, according to the general rule of Article 58 of the Labor Code of the Russian Federation, the duration of the employment relationship under a fixed-term contract should not exceed five years even after its extension, unless another period is established by law.

In order to extend the employment relationship with a pregnant woman, an official medical document is required from her. Such a document can only be a pregnancy certificate issued by an antenatal clinic, certified by a doctor and the chief physician of the clinic, and the clinic seal.

Enter into an agreement with him where the employee will express his positive decision to extend the temporary transfer. This quick guide covers:

How to extend the period of replacement of an employee on vacation

We hope the answer to the question - How to extend the validity of an order - contained useful information for you.

Samples on the topic: Order, Labor, Labor relations (name of employer)

» » ORDER N on the extension of the term of performance of duties (position, full name of the employee) In connection with the extension, due to pregnancy, (position and full name of the employee)

manager) the validity period of the employment contract from » » N on the basis of an additional agreement from » » N and guided by Part 2 of Art. 261 of the Labor Code of the Russian Federation, I ORDER: 1.

Extend the deadline (position and full name)

The issued order must be preserved for a certain period of time - it is determined either by current legislation or internal regulations.

After the storage period has passed, the form can be transferred to the archive or disposed of (in compliance with the procedure also prescribed by law).

Procedure for terminating a fixed-term contract

The conclusion of a fixed-term employment contract (FTA) is allowed only on the basis of Art. 59 Labor Code of the Russian Federation. In other cases, the contract is signed solely on open-ended terms. The procedure for terminating the validity of the STD is strictly regulated. In accordance with stat. 79 such an agreement is considered completed upon expiration of the period specified in it. In this case, it is necessary to notify the employee of dismissal at least 3 days in advance.

This is important to know: Is it necessary to number employment contracts?

However, in practice, there are situations when the employer does not intend to sever the employment relationship with a specialist. What should I do? Is it necessary to draw up an order to extend an employment contract? What other actions will be required from the company? More on this later.

How to extend a fixed-term contract

If the organization has not declared its intentions to terminate the contract due to the end of its term, such a contract is recognized as concluded for an indefinite period. The same rule is true in relation to the employee - an individual also may not demand termination of the contract and continue to perform his functions and duties.

The extension of the STD is formalized by the employer, like other changes in conditions, according to Stat. 72 TK. The HR officer is required to draw up an additional agreement to the primary contract, as well as an order from the manager. The employee should write a consent (application) to change the conditions or extend.

Note! It is not allowed to prolong the STD with a specialist hired to perform certain types of work or for clearly defined periods. Under such grounds, the contract is considered completed at the moment of actual completion of the volumes, types of work or expiration of the agreed terms.

Order to extend the term of an employment contract - sample

At the legislative level, there is no unified form for an extension order. The employer has the right to independently develop a document and approve the form in the enterprise’s document flow schedule. The order must include information about the company; date, number and place of drawing up the document; information about the employee and the employment contract concluded with him; clause on prolongation (change of conditions). The employee is familiarized with the text of the order against signature. The document is approved by the manager.

Order to extend a fixed-term employment contract - sample

Limited Liability Company "Raduga-Don" (LLC "Raduga-Don")

Rostov-on-Don st. Temernitskaya, 18 of. 204

07/09/2018 No. 12/07

“On changing the validity period of a fixed-term employment contract

No. 25 of 04/16/2018 with Sotnikova I.G.”

In accordance with the norms of stat. 57, 59 Labor Code of the Russian Federation

Change the validity period of fixed-term employment contract No. 25 dated 04/16/2018, concluded with payroll accountant Irina Georgievna Sotnikova, for 1 year until 07/09/2019.

Reason: statement by I. G. Sotnikova, additional agreement to fixed-term employment contract No. 25 dated April 16, 2018.

I have read the order _________________/Sotnikova I.G./

Director of LLC "Raduga-Don"_______________/Semenov A.S./

If you find an error, please select a piece of text and press Ctrl+Enter.

Extend the validity of an order sample

Working at Sberbank is interesting! You will need to join

Procedure for terminating a fixed-term contract

Procedure for registration of extension

The algorithm for increasing the period involves performing the following steps:

the emergence of grounds for prolongation;
recording the mutual consent of the participants to change the duration of work (receiving the employee’s application);
Preparation;
signing by participants;
preparation of an order to extend the employment contract (according to the universal model).

The continuation of the employment relationship must be recorded by signing a new document - an additional agreement to the current contract.

Additional agreement

The legislation establishes the following requirements for additional agreements:

prepared in writing;
attached to the main document;
the terms for which the activity is extended, as well as the reasons for such a decision are indicated;
display of basic details (signatures of participants and company seal).

How to extend a fixed-term contract

This is important to know: How to cancel an additional agreement to an employment contract

Order to extend the term of an employment contract - sample

Order to extend a fixed-term employment contract - sample

Limited Liability Company "Raduga-Don" (LLC "Raduga-Don")

Rostov-on-Don st. Temernitskaya, 18 of. 204

07/09/2019 No. 12/07

“On changing the validity period of a fixed-term employment contract

No. 25 of 04/16/2019 with Sotnikova I.G.”

In accordance with the norms of stat. 57, 59 Labor Code of the Russian Federation

Change the validity period of fixed-term employment contract No. 25 dated 04/16/2019, concluded with payroll accountant Irina Georgievna Sotnikova, for 1 year until 07/09/2019.

Reason: statement by I. G. Sotnikova, additional agreement to fixed-term employment contract No. 25 dated April 16, 2019.

I have read the order _________________/Sotnikova I.G./

Director of LLC "Raduga-Don"_______________/Semenov A.S./

If you find an error, please select a piece of text and press Ctrl+Enter.

Design rules

Such an order is a local act of the organization and is drawn up according to the rules for processing personnel documents for a specific employer. You just need to remember that the order must contain the following mandatory information:

Company name, signatures of responsible persons (manager, personnel officer) and seal.
Number, date and place of issue of the order (the city will be sufficient).
The employee’s signature confirming familiarization with the order and the date, as well as the signature of the employee’s immediate supervisor, also with the date.
The text of the order itself. It can be very short, the main thing is that it contains the essence. For an order to extend a fixed-term employment contract (sample), see below in the text of this reference material,

Particular attention should be paid to the fact that multiple extensions or re-signing of fixed-term contracts with employees is unacceptable. In such situations, the courts usually qualify these contracts as indefinite, and the employer receives an order to eliminate violations of the law and pay a fine.

Separately, we note that it is worth distinguishing between the extension of a fixed-term contract and its re-conclusion. These are two different procedures, they are carried out under different conditions and according to different rules. For example, you cannot extend a fixed-term contract with the director of an organization, but you can terminate one contract and enter into another.

Is it possible to extend a fixed-term employment contract?

The conclusion of a fixed-term employment contract occurs in cases where the period in which the employee must perform certain duties is limited to a certain period of time. Such an agreement can be concluded only if this possibility is provided for in Article 59 of the Labor Code of the Russian Federation.

When is a fixed-term employment contract necessary?	When an organization has the right to conclude a fixed-term employment contract
The main employee is absent (on vacation, on sick leave), his work must be completed

For short-term work (no more than 2 months)

When carrying out temporary activities that are not part of the normal scope of work (for example, in the case of repair work)

The company is organized for a specific period of time

For temporary work, the exact completion date of which cannot be determined

During practice or internship

The employee was referred by the employment service

In other situations in accordance with labor legislation

What is a sample order for extending the powers of the General Director?

> > > The powers of a director can extend for an indefinite period or for a specific period of time. Often an employment agreement is concluded with the general director for a limited period of time. Extension of powers occurs in a special manner, and it is mandatory to issue an order, a sample of which can be downloaded below. Necessity extension procedures In the case when the company's Charter specifies the term of office of the head of the company, an order is required to extend the eligible functions. At the end of the period of validity of the employment contract of the head of the company, the question arises about subsequent relations between the parties to the contract: termination of the employment contract, extension for a definite or indefinite period .Article 79 of the Labor Code of the Russian Federation describes the rules for the extension and termination of a fixed-term employment agreement, additional grounds for the director - Art. 278 Labor Code of the Russian Federation. The period of validity of an employment agreement with the head of a legal entity is established by agreement of the parties or the constituent documentation of the company. The legitimate basis for making a decision to extend the period of validity of the director of a company may be a meeting of founders, company specialists, shareholders or other team members capable of adopting this type of resolution. Based on the adopted of the verdict, a protocol of the authorized body is drawn up.

If there is a sole participant in the company, a protocol is not drawn up.

The decision made is the basis for formalizing labor relations with the head of the company and an order to extend his powers. Please share the link on VKontakteFacebookTwitterOdnoklassnikiDownload also a sample order for the appointment of a director of an LLC via the link. The law does not provide for clear and strict requirements for the form of the document.

How can you: extend your employment contract or enter into a new one?

There is no clear answer to the question of extending or concluding a new employment contract, since the decisions of the judicial authorities in this case are ambiguous. Let's consider two situations:

Extension of a fixed-term employment contract is possible. The period specified in the employment contract is the same condition of the contract as other conditions. And according to current legislation, the parties to the contract have the right to change these conditions. So, if the parties to the contract have decided to extend it, then they have the right to change this condition in the contract. In this case, certain rules must be observed. For example, that an additional agreement to change the period drawn up for the employment contract must be concluded even before the period initially established in the contract has not yet expired. In this case, the employer will need to have confirmation that the work is temporary.
Extension of a fixed-term employment contract is not possible. Extension of a fixed-term employment contract is possible only for an indefinite period. Moreover, if the parties have made such a decision, then the condition of urgency loses its force. In this case, the employment relationship is recognized as already concluded for an indefinite period.

Important! Employers are better off sticking to the second situation. This will avoid the fact that the employment relationship will be recognized as indefinite, since the extension of a fixed-term contract is allowed only in certain cases.

If, after the term of the employment contract has expired, the employee is not fired, then the employment relationship with him will be considered permanent. In this regard, it is impossible to extend a fixed-term employment contract. And on the day when the employment contract expires, the employee must be fired (

What to do if it is impossible to extend the contract?

If it is not possible to extend a fixed-term contract under the labor code, but the parties nevertheless want to continue mutual relations, then it is worth resorting to certain rules. The parties will have to terminate the employment relationship and re-enter the contract, again applying a specific term or making the contract indefinite.

The term of the employment contract can change either down or up. But this is possible only in cases specified by law. How to change the term of an employment contract? Is it possible to convert a permanent employment contract into a fixed-term one? When does a fixed-term employment contract become permanent? You will find answers to these and other questions in the article.

From this article you will learn:

How does a change from an open-ended employment contract to a fixed-term one take place?
how to formalize a change in the term of a fixed-term employment contract concluded with a pregnant woman;
is it necessary to conclude an additional agreement on this;
What are the consequences of extending the term of a fixed-term employment contract?

Sample documents

Additional agreement to the employment contract. A fixed-term employment contract is recognized as indefinite

Order to recognize a fixed-term employment contract as indefinite

Employment contract (fragment). Indication of urgency

If an open-ended employment contract was initially concluded with the employee, it cannot be converted into a fixed-term one by concluding an additional agreement. The fact is that these are two different types of contracts.

If an employer includes a term clause in an employment contract by concluding an additional agreement, he risks that such an agreement will be challenged by the employee in court.

Therefore, if there is a need to change the employment contract from an open-ended to a fixed-term one, it is necessary to terminate the open-ended employment contract with the employee (if he agrees) and conclude a new employment contract - a fixed-term one.

In addition, in practice, many personnel officers simply forget to include a term clause in the employment contract. In this case, such an agreement is considered concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).

There are cases when the term of a fixed-term employment contract can be extended. They are determined by law.

Case 1. When the expiration of the employment contract occurs during the employee’s pregnancy. In this situation, the employer is obliged to extend the term of the employment contract until the end of the woman’s pregnancy or until the end of maternity leave (if such leave was provided to her) (part two of Article 261 of the Labor Code of the Russian Federation).

Case 2. It concerns university employees.

If an employee of a higher education institution is elected through a competition to fill the position of a scientific and pedagogical worker, which he previously held, then a new employment contract may not be concluded with him.

In this case, by agreement of the parties, the term of the old employment contract is extended with him for a period of no more than five years or for an indefinite period (part eight of Article 332 of the Labor Code of the Russian Federation).

Situation 3. It concerns athletes. The law allows the temporary transfer of an athlete to another employer. With such a transfer, a fixed-term employment contract of up to one year is concluded with the employee (parts one and two of Article 348.4 of the Labor Code of the Russian Federation).

If the athlete continues to work in a temporary job after this period and no one has demanded termination of the contract, it can be extended for a period determined by agreement of the parties, or for an indefinite period (part seven of Article 348.

4 Labor Code of the Russian Federation).

Please pay attention! Extending the validity period of a fixed-term employment contract in all other cases has the risk of recognizing such a contract as indefinite.

Thus, the Supreme Court of the Russian Federation, in its ruling dated June 24, 2014 No. 41-KG14-10, indicated that the Labor Code does not provide for the possibility of extending the term of a fixed-term employment contract (except for the above cases). Therefore, extending the term of the contract means that the employer recognizes this contract as unlimited.

As already mentioned, an additional agreement to an employment contract to change its term can be concluded only if a fixed-term employment contract is converted into an open-ended one. The document must indicate its serial number, details of the employment contract to which the agreement was drawn up, the date and place of its preparation.

The preamble indicates the name of the employer and the person authorized to conclude the agreement and full name. employee. The body of the agreement specifies the main changes that are made to the employment contract. The additional agreement is signed by the employee and the employer.

The additional agreement is drawn up in two copies, one for each of the parties, one copy is given to the employee, about which he puts his signature.

Sample additional agreement to an employment contract

ADDITIONAL AGREEMENT No. 1

to the employment contract dated January 19, 2020. No. 25

Voronezh July 8, 2020

1. State clause 1.3 of the employment contract dated January 19, 2020 No. 25 as follows: “This employment contract is concluded for an indefinite period.”

2. Other terms of the employment contract not affected by this agreement shall be considered unchanged and binding on the parties.

4. This additional agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

General Director Semenov G.V. Semenov

Employee: Polukhina M.I. Polukhina

I received a copy of the additional agreement. Polukhina 07/08/2015

Every month – several dozen articles, studies, expert comments on current topics. Subscribe and get access to personnel services and bonuses, including such popular ones as personal consultations by phone and free training. Subscribe {amp}gt;{amp}gt;

The legislator in Art. 59 of the Labor Code of the Russian Federation establishes the employer’s obligation to enter into employment agreements that provide for a limitation of their validity period for various reasons. In addition, this norm contains a list of grounds on which fixed-term contracts can be concluded by agreement of the parties to the labor relationship, that is, dispositively.

In addition to the obligation to conclude fixed-term contracts in cases provided for by law, the employer is charged with the obligation to prolong a fixed-term contract in certain cases:

If an employee becomes pregnant before the expiration of the contract with her on the basis of a corresponding written application (Article 261 of the Labor Code of the Russian Federation).
When hiring a temporarily hired teaching worker on a permanent basis based on the results of a competition (Article 332 of the Labor Code of the Russian Federation). It should be noted that in this situation it is possible not only to extend the term of the employment contract, but also to conclude a new one.

At the initiative of the employer and with the consent of the employee, the employment contract may be extended by agreement of the parties.

Extension of a fixed-term employment contract is possible. The period specified in the employment contract is the same condition of the contract as other conditions. And according to current legislation, the parties to the contract have the right to change these conditions. So, if the parties to the contract have decided to extend it, then they have the right to change this condition in the contract. In this case, certain rules must be observed. For example, that an additional agreement to change the period drawn up for the employment contract must be concluded even before the period initially established in the contract has not yet expired. In this case, the employer will need to have confirmation that the work is temporary.
Extension of a fixed-term employment contract is not possible. Extension of a fixed-term employment contract is possible only for an indefinite period. Moreover, if the parties have made such a decision, then the condition of urgency loses its force. In this case, the employment relationship is recognized as already concluded for an indefinite period.

If it is impossible to extend the term of the employment relationship, the employee must be dismissed on the appointed day.

Upon completion of the contract period, the employee is notified in advance.

In normal cases, notification occurs one month before the planned date of dismissal. For seasonal workers - 7 days in advance (Article 296 of the Labor Code of the Russian Federation). If a deputy quits when the main employee returns, notification can occur the same way - several days after submitting a letter of resignation.

If there are vacancies, the employer has the right to offer to remain on the appropriate conditions provided for when taking on a new position. In this case, the contract is renewed according to the new vacancy.

The same applies to pregnant women who cannot be left in their previous place due to objective reasons. The employer officially, upon signature, offers them new vacancies; a pregnant woman who does not agree to the offered job may be fired.

How to issue an order to extend a fixed-term employment contract

The order is drawn up on company letterhead, on a regular A4 sheet.
The company details are indicated at the top of the document. Next, write down the name of the document, its number, the date of its preparation and place. The main part of the document contains the following information:

The main reasons for extending the contract. The main reasons include the employee's pregnancy. The law prohibits the extension of employment contracts with such employees.
Reasons for issuing the document. The grounds include the employee’s statement, pregnancy certificate, as well as another document providing for the need to extend the contract. A link to this document is a mandatory part of the order.
Information about the employee (his full name and position).
A new contract expiration date, for example, in the form of the following wording: “Until the end of maternity leave”, “Until the end of the sick leave period”, etc.
Who is responsible for carrying out the order?

Important! The order is signed by the head of the company, as well as by the employee himself. If a certain employee is appointed as the responsible person, then he must also sign.

Familiarization with the order

Orders from the head of an organization containing instructions on hiring or dismissal are mistakenly classified as local regulations. However, the analyzed type of documents, in accordance with Art. 8 of the Labor Code of the Russian Federation, is not included in the list of local ones and is of an organizational and administrative nature.

The need to extend the term of the contract and issue an order to this effect arises in cases where the fixed-term contract is coming to an end, but the employer is interested in continuing cooperation with a specific employee (for example, due to an increase in the planned volume of work) and the employee does not object to this. In addition, the order must be issued in cases where the extension of the employment agreement is mandatory (indicated above).

After reaching agreement on the extension period between the employer and the employee, as well as in the case when the extension is carried out by force of law (for example, on the basis of Article 261 of the Labor Code of the Russian Federation), the employer issues an order to extend the fixed-term employment contract. The form of the order has not been approved at the legislative level, and there are no requirements for its execution by law.

In this regard, the document contains elements characteristic of organizational and administrative acts:

information about the employing organization and the person acting on its behalf (director, general director);
Title of the document;
place and date of compilation;
registration number;
legal basis for extending the term of the employment contract;
text of the order;
information about the appointment of a responsible person monitoring compliance with the order;
signature of the head and seal of the organization (if available);
information about familiarization with the order of the responsible persons (as a rule, this is the chief accountant, head of the personnel department, employee).

Familiarization with the order to extend a fixed-term employment contract is carried out according to the general rules provided for by the Labor Code of the Russian Federation. In particular, the employee, in accordance with Part 2 of Art. 68 of the Labor Code, must be familiarized with the document within 3 days from the date of its publication. Failure to timely familiarize an employee with an order is a violation of current legislation and may result in the employer being brought to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In addition, the employee must be provided with a copy of the specified document if he has expressed a desire to receive it.

Thus, the order to extend the term of the employment agreement is drawn up according to the general rules that determine the procedure for drawing up organizational and administrative documents. Using the sample order to extend an employment contract proposed above, you can draw up a legally competent document that meets all the requirements for it.

If all the provisions of the fixed-term contract drawn up earlier remain in force, except for the date of dismissal, the parties can draw up an agreement.

An agreement is an additional document that acts as an annex to the main agreement.

Therefore, it must indicate the details of the main employment contract, with reference to its legal powers.

Then the powers of the primary document are preserved, and the agreement indicates only the point that is changed by the entry into force of the agreement (

Art. 72 Labor Code of the Russian Federation

Based on the previously drawn up contract, the reason for the extension of tenure should be adjusted. This could be “extension of parental leave for the main employee,” “the need to complete previously planned work on a new date,” etc.

Additional agreement to the employment contract (number and date of the contract)

“____” ________ _____ city ___________

Add clause 2 of the employment contract No. ___ dated “___” _____ ____ with subclause 2.7 “Provide the employee with additional leave of 5 days.” State clause 3.1. in the following wording: “Salary is 27,000 rubles.” Exclude clause 4.5 from the agreement. Employer Employee

A sample additional agreement to extend a fixed-term employment contract for an indefinite period is presented in the photo below.

The extension procedure does not require additional documentation from the employee if the requirements for functional responsibilities and competencies have not changed.

Those documents that the employer already has are suitable, except for an application that needs to be submitted in light of new circumstances.

In this case, the employer is obliged to receive an application from the absent main employee with a request to extend the period of absence and official confirmation of the legality of the absence. Also, if necessary, he draws up new orders:

local act on the extension of cooperation;
additions to the staffing table;
order.

REFERENCE: The order certifies any legal action taking place in the employer’s company.

Statement

If the temporary worker is a deputy, then he writes the application only after the main employee is absent for a good reason. The main employee indicates the reason for continued forced absence, if possible, indicating the exact day of return.

On this basis, the temporary employee requests an extension of his tenure for the same period.

Hired specialists, seasonal workers and other persons have the right to submit applications only after an authorized official has completed documentation on the opening or continued relevance of the vacancy for which the applicant is applying.

The wording of the main part of the application may be as follows: “I ask you to extend your work as a salesperson in the children’s clothing department until S.S. Titarenko returns from maternity leave.”

A sample application for extension of a fixed-term employment contract is presented in the photo below.

Order

Compiled by the employer based on submitted applications from main and temporary employees. For example, in the first one the order is given: “Extend parental leave to three years for the seller S.S. Titarenko.”

As follows: “Extend the validity of the employment contract for the period of absence of Titarenko S.S., seller of the children’s clothing department N.P. Kostyushkina.”

IMPORTANT: All documents extending the absence of the main employee are dated earlier than the documents extending the period of work of the deputy.

Otherwise, the initial order must reflect other reasons for the extension. For example: “In connection with an additional audit, extend the term of the contract for accountant A.M. Penkova.”

The order is drawn up on company letterhead, on a regular A4 sheet. The company details are indicated at the top of the document. Next, write down the name of the document, its number, the date of its preparation and place.

The main part of the document contains the following information:

The main reasons for extending the contract. The main reasons include the employee's pregnancy. The law prohibits the extension of employment contracts with such employees.
Reasons for issuing the document. The grounds include the employee’s statement, pregnancy certificate, as well as another document providing for the need to extend the contract. A link to this document is a mandatory part of the order.
Information about the employee (his full name and position).
A new contract expiration date, for example, in the form of the following wording: “Until the end of maternity leave”, “Until the end of the sick leave period”, etc.
Who is responsible for carrying out the order?

Sample order to extend a fixed-term employment contract

As a general rule, an employment contract is concluded for an indefinite period. This happens to the majority of workers who come to get a job in an organization. And such “basic” contracts do not require any special efforts to extend them - they last until the employee is dismissed - on his own or not.

The issue of extension arises at some point for another type of contract - for fixed-term employment contracts. Let us recall that this type of agreement can be concluded in a strictly limited number of cases, and all of them are specified in the Labor Code. The state, through legal norms, protects its citizens as much as possible from the arbitrariness of employers, not allowing people to be hired for a limited period of time at their own discretion.

Conclusion: an order to extend an employment contract is possible only for conscripts and only in cases specified by law.

In what cases is it necessary to make such an order?

If a fixed-term contract was concluded with an employee who, at the time of the established end of this contract, turns out to be pregnant. The woman herself must confirm this with a medical certificate, and the contract must be extended until the end of her pregnancy. By the way, this rule does not work if a newly pregnant woman was once hired in the place of another lady who went on maternity leave.
If we are talking about an elective position: when the same person is re-elected to the same position, his employment contract must also be extended. Please note that initially only fixed-term contracts are concluded for elected positions.
In case of extension of labor relations with teaching staff, rectors and other elected positions of universities and scientific institutions.
If an athlete hired under a fixed-term contract for temporary work continues to work after its expiration, then in this case the contract must also be extended.

In what cases can a fixed-term employment contract be extended?

As noted above, there are certain cases in which a fixed-term employment contract can be extended. These include:

Renewing a contract with a pregnant employee. If the employment contract expires during the period when the employee is pregnant, then it must be extended until the end of the pregnancy (261 Labor Code of the Russian Federation).
Extension of the contract with a scientific and pedagogical employee elected to a position through competition (332 Labor Code of the Russian Federation).

Thus, the law allows and obliges employers to extend a fixed-term employment contract only in the situations indicated above. Moreover, the most common situation is when the contract extension is related to the employee’s pregnancy (

Additional agreement

If the employer and employee decide to extend the employment contract with an additional agreement , then they must begin to act even before the validity period of the old document has come to an end.

You can find the additional agreement form here for free.

It is very important to formulate everything correctly here. The fact is that the law does not provide for any special detail in the wording. To compile the above document, you can use general phrases.

However, the use of such a document may be controversial , but if we take into account what happens in most cases, we can say that many employers will agree to this without any problems. In court, the conclusion of such agreements is also recognized as legal.

The text of such a document must indicate the period for which the parties want to extend the employment contract.

However, it is not necessary to write that the parties specifically want to extend the validity of the document, since in this case such a written agreement may be considered invalid. After all, in the Labor Code of the Russian Federation there is no such term as extension of the validity period of an employment contract.

Extension of a fixed-term employment contract with a pregnant employee

If the employee is in a financial situation, then she cannot be fired and the fixed-term employment contract with her must be extended (261 Labor Code of the Russian Federation). In this case, the employee will need some documents:

application for extension of the employment contract;
a certificate from a medical institution confirming that the employee is pregnant.

The employee submits the first document in writing in free form. In the application, she must indicate that she is pregnant and a request to extend the contract.

It is impossible to extend a fixed-term employment contract with an employee if she was hired during the absence of the main employee. In such a situation, an employee can be offered a transfer to another position. If there is no suitable vacancy for a worker, she is fired. If the conclusion of a fixed-term employment contract with an employee is not related to the performance of work by the absent employee, then, at the request of the employee, the employment contract with her must be extended. Of course, the employee will additionally be required to provide a medical certificate.

The procedure for extending a fixed-term employment contract is as follows:

An additional agreement is drawn up to the employment contract, which indicates the new expiration date, as well as the grounds for extending the contract.
An order to extend the contract is issued. There is no special form for drawing up such an order, so it is drawn up in any form. The main thing is that the order must indicate the following: the basis for its extension, a link to the employee’s application and to the medical certificate.

Extension of a fixed-term employment contract is possible for the period determined by Article 261 of the Labor Code of the Russian Federation. If an employee is granted leave under Labor and Employment, the new end date of the contract will coincide with the last day of the employee’s leave.

Renewal procedure

The procedure for how to apply for an extension, the first step includes an application from a temporary employee. According to Article 59 of the Labor Code, the extension of the validity period must be based on mutual agreement.

For a renewed document to be valid, there must be a basis giving such a right. It is important to comply with the re-registration deadline - this is only possible within the scope of the current temporary contract.

Change or extension

It is necessary to distinguish between situations of extension and change of contract duration. Article 72 allows changes to the original terms, including the end date of the contract. To extend the current fixed-term contract is allowed only if a temporary agreement was concluded with the employee, and during the performance of her official duties it became clear that the employee intends to go on maternity leave. According to Article 261 (Part 2), pregnancy is a reason for prolongation. Other cases are regarded as a change in the deadline.

Statement

The first step is for the employee to write a statement. To write the form manually, use a sample application issued by the HR department, or take a form approved by the enterprise.

Mandatory application details include:

Information about the employee intending to extend his employment.
Passport details.
Date of the document.
Signature and transcript.

The document is sent to the head of the enterprise for approval. Next, the application, along with the memo, is transferred to the personnel department for the preparation of a separate order.

Order

When drawing up an order to extend a fixed-term employment contract, you must ensure that the wording in it is correct:

Extension of an existing contract through the conclusion of a new one.
Signing an additional agreement with a change in the completion date of the current contract.
Changing the status of a contract - changing a fixed-term document to an open-ended one.

When transferring a contractual relationship to an indefinite status, the period of employment is not limited to a specific duration.

Unlike re-signing the agreement itself with a temporary employee, the question of whether an order is needed is decided at the discretion of the administration of a particular enterprise.

A sample agreement can be approved at each enterprise, or standard forms are used.

Download

Add. agreement to extend the employment contract (25.5 KiB, 32 hits)

Order to extend an urgent TD. Blank (26.0 KiB, 27 hits)

Application for extension of a fixed-term contract until the end of pregnancy (93.3 KiB, 25 hits)

How to register in labor

When a person is hired for a fixed-term job for a certain period of time, the personnel service ensures that an entry is made in the work book in the same way as hiring under the standard procedure. No reference to the urgency of the contract should appear anywhere in the records. When the term is extended or changed, the changes are not recorded in the labor records.

After the specified period, the person is dismissed on the basis of Article 77 (clause 2) of the Labor Code.

Extension of working relationships on a temporary basis is allowed strictly within a specific period not exceeding 5 years. In the future, if the need for an employee continues, it is recommended to resolve the issue of permanent employment.