Features of drawing up an additional agreement to a fixed-term employment contract to extend the validity period

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:

1. 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).
2. 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.

If the employer intends to extend the employment relationship with the employee indefinitely, with the employee’s consent, this can be done without going through the dismissal procedure. To do this, at the end of the fixed-term contract, neither party should demand its termination; the employee must continue to work.

For more information, see “How to extend a fixed-term employment contract for a new term.”

Document functions

Extending a fixed-term contract is a stumbling block for many personnel workers.

The fact is that the Labor Code of the Russian Federation does not provide for such a possibility in principle, but the Federal Labor Service takes the opposite point of view.

According to the letter dated 10/31/07, the validity period of the fixed-term contract may be changed. It is necessary to pay attention to the wording: it is “changed”, not extended. The reason is simple: Article 72 of the Labor Code provides for the possibility of revising the terms of a fixed-term contract, while its extension is allowed only in relation to pregnant employees.

An additional agreement to extend the term of an employment contract is used in the following cases:

1. Temporary replacement of an absent employee;
2. Performing temporary (seasonal) work;
3. Labor activity abroad;
4. Temporary work activity aimed at improving the condition of the organization, not related to its permanent work;
5. The employee has completed an internship or internship;
6. Other cases provided for by federal legislation.

Changing the validity period of an employee’s contract due to his promotion up the career ladder or transfer to a similar position in another structural unit is regulated by Art. 72 part 2 of the Labor Code.

In this case, it is necessary to make a note in the additional agreement about the transfer of the temporary employee to another job. Example: a temporary worker hired for the period of maternity leave of a permanent employee, after her departure, replaces another permanent worker.

It is better to discuss the extension of a fixed-term contract with the employee in advance, at least three days before the end of its validity period, during which an additional agreement is drawn up.

This is done in order to warn the dissenting employee about the termination of his employment contract within the three-day period established by law (Article 79 of the Labor Code of the Russian Federation). If this is not done, then the employee for whom a fixed-term contract was issued has the right to demand official employment on a permanent basis.

Rules for drawing up and a sample order to extend a fixed-term employment contract

The Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 approved the forms of primary documents on personnel, but the form of the order to change the term of the employment contract is not provided. The employer is obliged to approve the list and forms of internal primary documents on personnel.

An order to extend a fixed-term employment contract is drawn up on the basis of an additional agreement signed with the employee. In the order to extend a fixed-term employment contract, indicate:

• employee data - his full name, position, structural unit (if any);
• condition for extending the term of the employment contract;
• basis for extension. In this case, indicate the details of the additional agreement, other documents (if any) on the basis of which the contract was extended, for example, an employee’s statement, a certificate from a medical institution;
• the period for which the contract is extended (by a specific date or the occurrence of an event, depending on the basis for the extension).

Here is a sample order to extend the term of an employment contract.

An order to extend a fixed-term employment contract is an important local regulatory act, as well as the only acceptable way to document the agreement reached between the employee and the employer in this area.

Working under fixed-term employment contracts is a fairly common phenomenon in Russia. It has acquired particular relevance in modern crisis conditions. For employers, this form of relationship is the most convenient, since it allows the dismissal of employees without additional payments provided for in permanent employment.

The procedure for terminating an employment relationship under conditions of urgency is overly simple. It is enough for the employer to notify the employee of the termination of the contract. However, the active use of fixed-term contracts may not turn out well for the employer. Therefore, it is important to know in what cases and with whom their conclusion is possible, as well as the nuances of the registration procedure.

It is important to extend the employment relationship within the framework of the current law in compliance with a number of established rules. This will not only save them, but also avoid administrative penalties.

What the Law Says

The list of situations in which it is possible to draw up a fixed-term employment contract is established by the Labor Code of the Russian Federation. The details of the conditions and implementation of this process are defined in Articles 57-59.

According to Part 2 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded in the following cases:

• hiring an employee in place of any absent employee;
• hiring personnel for temporary or seasonal work, implementing one-time projects;
• performing additional functions that are not related to the main activities of the enterprise;
• hiring for internship, part-time.

Article 57. employment contract

Article 58. Duration of the employment contract

Article 59. Fixed-term employment contract

In practice, there are situations when there are all grounds for concluding a fixed-term contract and it was concluded by agreement of the parties, but the labor inspectorate, based on the results of the inspection, imposes fines on the employer. This is caused by repeatedly renegotiated contracts for the same work. The court recognizes them as indefinite, and the employer is held administratively liable.

An employment contract with a limited duration expires at a certain time.

However, there are cases when its extension is necessary, the reasons for which may be the following:

• the work started by the employee is not yet completed and cannot be completed without him;
• both parties to the labor relationship are satisfied with the cooperation and want to extend it;
• an employee performing a labor function under a fixed-term contract becomes pregnant;
• a university employee or athletes were hired for a certain position through a competition.

A fixed-term employment contract can only be extended by agreement of the parties, i.e. if both the employee and the employer are satisfied with their cooperation (Article 348 of the Labor Code of the Russian Federation). Extension of a contract whose term has expired is impossible. To continue work, a new agreement must be concluded.

Form of order to extend the term of a fixed-term employment contract

When the parties to a fixed-term employment contract decide to extend it by concluding an additional agreement, the formalization should be done in advance, before the current contract expires. In this case, the correct wording is especially important, the details of which are not defined by law. Therefore, general phrases are used to draw up an agreement.

It is worth knowing that the use of such a document is quite controversial. However, many employers willingly agree to such a formalization of labor relations, and the court recognizes it as legal.

The text of the supplementary agreement must indicate the duration of the contract extension. At the same time, it is not necessary to specify exactly the extension of the document. Such an agreement may be declared invalid. Since it is not provided for in the Labor Code of the Russian Federation.

Procedure

An order is an internal act of an enterprise. Its registration is carried out according to the rules in force for the employer for personnel documentation. When drawing up a document for the first time, for convenience, you can use a sample order to extend a fixed-term employment contract.

It is important to know that its content must include some mandatory information:

• name of company;
• seal;
• signatures of responsible persons (HR specialist, manager);
• number, date and place of publication (locality) of the document;
• the employee’s signature certifying that he has read the text and the date;
• signature of the manager to whom the employee is subordinate, and date.

The text of the document is quite short, containing the main essence and reasons for the extension.

LLC "Lazurit"

ORDER No. 45 of 04/11/2017

Moscow

on the extension of the employment contract in accordance with Article 261 of the Labor Code of the Russian Federation

It is not so uncommon in personnel practice to receive an order to extend a fixed-term employment contract. We will certainly provide a sample of this document in our consultation, and will also tell you in detail about the situation when it is accepted and where to start.

The role of the order

How can a temporary worker become permanent at least for some period? An employee hired for a temporary job sometimes asks himself this logical question. After all, the desire to stay in a good job and grow up the career ladder comes to naught if a person feels like a temporary worker.

In our opinion, an order to extend an employment contract (a sample will be at the end of the article) is one of the ways to transition from a fixed-term contract to an indefinite employment relationship.

When hiring a new employee, the employer draws up an agreement with him in accordance with Article 58 of the Labor Code of the Russian Federation. Typically, employment relationships have an open-ended status. A person works as much as his age, health and personal desire to be in a given organization allow him. But it is not so rare that a company needs an employee only for a short-term job.

Natural selection

In practice, these can be vacancies in almost any profession, as well as:

• specialties in seasonal work;
• labor at temporary facilities.

Upon completion of the order (contract), the company no longer needs a large team of employees. A sample order to change the term of an employment contract will help you keep only:

• specialists in those profiles who will not be easy to find later;
• always in demand.

And with representatives of other professions, of which there are enough in the labor market and in the state, employers do not renew contracts.

When there is an interest in a specialist, Art. 59 of the Labor Code of the Russian Federation on concluding a fixed-term employment contract. It is signed:

• for the period of internship in production, in the office (usually students);
• for the period of execution of specific works that are named in the contract;
• if the company was initially created for a short time or for a limited list of works;
• when hiring a person for seasonal work (agricultural work, construction, etc.);
• to be sent for temporary work abroad;
• for the period of absence of a full-time employee whose job is reserved (for example, when full-time employees go on maternity leave for several years or the main employee is forced to go to study or graduate practice), etc.

For more information about this, see “When a fixed-term employment contract is concluded.”

Key condition

The main point in a fixed-term employment contract is its duration. The hiring party must have a clear understanding of its duration. At the same time, the Labor Code requires that only the period of work be indicated. And how the justification for the urgency of the labor relationship should be formulated is not clearly stated.

Ways to fix the terms of urgency in an employment contract

Structure and sample document

The most important point of the supplementary agreement is the indication of the period for extending the employment contract.

Document structure:

1. List of parties who entered into an employment contract, indicating their names, titles and documents on the basis of which they act;
2. Mandatory wording “entered into an additional agreement...”;
3. Clause on changing the terms of the contract;
4. A mention of the immutability of other provisions of the employment contract and the obligations of the parties;
5. Indication of the number of drawn up copies of the agreement;
6. The date the document enters into legal force.

A sample additional agreement on extending the term of a fixed-term employment contract can be downloaded here.

Additional payment to pension for work in the Far North is the topic of our article. What can you expect if you live to 80? Read about government support for old people in our material. You will learn the reasons why it is beneficial to quit by agreement of the parties in our article.

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

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.

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:

1. 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.
2. 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.

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

1. 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).
2. Extension of the contract with a scientific and pedagogical employee elected to a position through competition (332 Labor Code of the Russian Federation).

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:

1. 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.
2. 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.

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

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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

When to renew

To find out in what situations a prolonged contract is considered the norm, you should refer to Art. 59 Labor Code:

1. Temporary performance of work in place of a person absent due to illness, replacement of an employee during maternity leave.
2. Activity for a limited period of time, while performing additional work according to the needs of the enterprise.
3. Seasonal employment, fulfillment of the scope of work established by the contract.
4. Completing an internship, alternative service.
5. Registration for a competitive position (often used for employment of teaching staff).

By agreement of the parties, a fixed-term contract is concluded by the employer with the following categories of citizens:

• Employees whose permanent employment is impossible for medical reasons.
• Pensioners. The contract is concluded for a new term with the pensioner upon completion of the current document.
• Persons who moved for employment in the northern territories of the Russian Federation.
• Employees in elective positions.
• Managers, general directors of organizations.

If a decision is made to extend a fixed-term employment contract for a certain period, the parties choose the duration depending on their specific needs. The minimum period is several months, the maximum duration is 5 years. It is assumed that after the 5-year period, the need for temporary employment will disappear.

In case of pregnancy

• What rights does a pregnant woman have at work?

If there are pregnant employees or on maternity leave, fixed-term contracts are mandatory by law. When the main employee is absent, the administration hires a deputy, but if the employee is absent due to illness or parental leave, it becomes necessary to prolong the relationship with the temporary replacement employee until the day the main staff returns.

If the temporary disability certificate or nursing leave is extended, the employer and temporary employee enter information about the basis for signing and the end date in the text of the contract. If the extension is formalized through an additional agreement, the parties should not indicate the exact day the relationship will end - this will eliminate the need for an extension.

When an employee working under a fixed-term contract plans to go on maternity leave, the beginning of which falls after the end of the contract, the law (Article 261 of the Labor Code of the Russian Federation) obliges it to be extended in connection with pregnancy until she returns from postpartum leave.

Sometimes an extension of the validity period is necessary to organize production activities if the main employee did not return from maternity leave in a timely manner and took care leave before the child reached the age of 3.

Download Add. agreement to extend the employment contract (25.5 KiB, 1,397 hits)

Order to extend an urgent TD. Blank (26.0 KiB, 1,082 hits)

Application for extension of a fixed-term contract until the end of pregnancy (93.3 KiB, 470 hits)

For athletes and teachers

Athletes and teachers are those categories of citizens who most often resort to drawing up fixed-term contracts. If an athlete is re-registered for some time in another organization, and then an agreement arises to extend the contract, on the basis of Article 348.4 of the Labor Code, the extension of a fixed-term employment contract is carried out by the employer by changing the time of employment for an additional period. The contract is extended for a year, or a contract is concluded for an indefinite period, the sample of which corresponds to the standard scheme.

Download a Sample of an open-ended employment contract (20.4 KiB, 322 hits)

According to Article 332, the issue of employment of teachers (in the position of rector or vice-rector) is resolved in a similar way if the fixed-term contract ends on the eve of the age limit for this category of citizens.

Other cases of extension of urgent TD

Other cases of legal extension of contract duration include situations where the employer requires additional work that requires an extension. The law requires the type of work to be indicated in such a way that it is clear that the person is involved in performing a new scope.

Based on established judicial practice, extension of the contract is allowed if:

• the work specified in the contract was not completed in full during the validity of the contract;
• if the employee did not return to work on the scheduled date, and an additional period of employment of the person replacing the main employee is required.

When re-registering, it must be taken into account that the maximum duration cannot be agreed beyond a 5-year period.

Does the law provide for the extension of a fixed-term employment contract?

Let's remember once again what a fixed-term employment contract is. This type of relationship between the parties in the field of labor (boss and subordinate) is concluded for a certain period. The parties are not relieved of the need to comply with mutual rights and obligations. Thus, the manager provides the employee with working conditions, and he, in return, performs his function and follows the internal rules.

When the contract comes to an end, the parties may go their separate ways, or they may decide whether to continue their relationship or not. Of course, a positive choice must be documented.

It’s strange, but true, the Labor Code makes no mention of how an employment contract is extended. The chaotic articles scattered throughout the normative act give legal scholars an idea of ​​how this action can be implemented in practice. Our task is to understand how this procedure occurs.

Is it possible to extend a fixed-term employment contract with an additional agreement for a certain period? An employment contract that has a limited duration will soon lose its validity. But in some cases its extension is required, and there are a number of reasons for this:

1. The contract between the parties needs to be extended if the work for which the employee was invited has not yet been completed and cannot be completed without the person who got the job under a fixed-term contract.
2. The contract is renewed in a situation where both the employee and the employer are satisfied with the cooperation and want to form a long-term relationship.
3. The relationship continues in a situation where an employee performing a labor function under a fixed-term contract is pregnant (Article 261 of the Labor Code).
4. Contracts with university employees who were hired through competition for a specific position are being extended (Article 332 of the Labor Code).
5. The situation with athletes is the same as with teachers. Extension of the term of the employment contract is possible if the parties are satisfied with the cooperation (Article 348 of the Labor Code).

If the term of the relationship between the parties expires and the employer does not take action to renew the contract, then such an opportunity also does not depend on the employee. In a situation where the contract has already expired, it also cannot be extended. If the parties are committed to further cooperation, they will have to enter into a new agreement.

In what case is it valid?

If the parties have provided for the automatic extension of the contract and have included the necessary clauses in the text of the document, upon expiration of the term there is no need to draw up any additional paperwork.

But if multiple extensions are established, and one of the parties decides to terminate the interaction or believes that the opportunity has been exhausted, she is obliged to inform the second participant about this. Timely notification will allow the issue to be resolved peacefully, without misunderstandings, litigation and further hostility.

If the extension is not established and the contract has expired, the parties draw up an additional agreement. agreement to extend the contract according to the principle of the main document. Amendments, changes and additions can be made to it at will, and a validity period must be set.

Important ! The possibility of extending the contract does not oblige the parties to increase the period of cooperation after its end.

If one of the parties tries to extend the contract without proper requirements or for the purpose of carrying out illegal actions, the other has the right to challenge this in court.

Order to extend a fixed-term employment contract: sample

How to extend the validity period of a fixed-term employment contract with an employee? In order to properly extend labor relations, it is necessary to rely on current legislation and comply with a number of important rules.

Is it possible to extend a fixed-term employment contract with an additional agreement? Any action must be reflected on paper. Article 72 of the Labor Code allows certain changes to be made to a fixed-term agreement between the parties. They may also relate to the terms of the contract.

Now let's figure out how to extend a fixed-term employment contract for a certain period.

In order to correctly consolidate these changes, it is necessary to add an additional agreement on the extension of the employment contract to the current employment contract between the parties. The Code does not specify what type of contracts these articles refer to (fixed-term or unlimited-term).

However, add. the agreement must be concluded in accordance with the requirements of the law. It reflects the change in the term of a fixed-term employment contract by an additional agreement, puts the seal of the organization, and puts the signatures of the parties.

Additional agreement to the employment contract on extension of validity: sample.

This document must be printed on a computer, in a standard font and be easy to read. In addition, such a paper should not contain grammatical errors. The agreement is filed with the main contract and stored in the organization’s human resources department.

Now let's move on to the set of documents that will need to be prepared to carry out a legal transaction.

To conclude a document with an unlimited validity period, there are no special requirements, but when drawing up a fixed-term contract, several important conditions must be observed.

Firstly, a fixed-term contract is valid for a maximum of 5 years. If the employer violates this condition, the provision on the duration of actions may be declared invalid by the court. The validity period will be considered indefinite.

Secondly, the work performed must meet one of the criteria established by the labor legislation of the Russian Federation.

1. Seasonal work, including mining, summer or winter tourist trips, hunting and fishing, gardening, gardening and much more. Due to its specific nature, such activities are possible only during a certain period of the year. The rest of the time the employee will simply have nothing to do.
2. Carrying out additional work that inherently does not relate to the main activities of the organization. Let's say an industrial enterprise wants to organize excursions and holidays for the children of its employees for two months. She needs a permanent organizer who will be at her workplace every day and come up with various events. Then, after these two months, his specific work will no longer be necessary.
3. Part-time job. Workers who already have a main job can spend their free time on a part-time job. For example, secondary school teachers. They usually conduct their main activities in one institution. However, besides this, there are several educational organizations in which they work for a limited period in their free time.
4. Replacement of an employee temporarily released from work for a specified period. For example, a woman who took maternity leave.
5. Perform duties for a period of no more than 2 months. This is usually called internal part-time work. For example, a deputy manager may be appointed by the founder, acting as his immediate superior. But at the same time, he continues to do his main job.

Thirdly, it is necessary that the employee has reached the age of 18 years. His hiring must be carried out in accordance with the requirements of Article 59 of the Labor Code.

In addition, only in accordance with the law can a fixed-term employment contract be extended.

As such, the extension of a fixed-term employment contract for a new term is not provided. However, if the employee is not notified about this 3 days before the end of the contract, then according to the law a legal transformation will occur, and it will be considered concluded for an indefinite period.

For further cooperation, it is not necessary to do anything; you can simply wait for its transformation for an unlimited period.

Otherwise, a written notification is sent, in which the employee must personally sign that he has been notified. If an employee avoids personally receiving a notice, it may be sent to him at his home address.

Not all organizations are interested in continuing cooperation with an employee without time limits. After all, after transforming the contract there will be no turning back. To increase the term of work, you can simply re-register the employment relationship.

In this case, the employee is simply hired the next day after dismissal.

An alternative way to make changes would be to agree to extend a fixed-term employment contract. Its term should not exceed 5 years.

• Sample agreement to extend a fixed-term employment contract (using the example of pregnancy)

The document is secured by the signature of each party and a seal.

The legislation provides for some provisions that do not allow the dismissal of employees due to the expiration of the employment relationship.

Given these features, the following situations are possible:

1. Suppose a partnership between employee and employer is expected to be completed, but the employee is a pregnant woman. It will be impossible to fire her during the entire pregnancy. In this case, if a woman wishes to continue working, she must independently declare this to the employer and attach a medical certificate to the application.

In practice, a situation may arise in which a pregnant woman replaces a temporarily absent employee. Upon his return, she must be provided with another vacancy, and in the absence of such vacancies, she may still be dismissed.

1. If you plan to continue cooperation with the head of the organization, then only re-conclusion is allowed.

1. Fixed-term employment relationships with a scientific and pedagogical employee of a higher educational institution do not fall under the general rule. If he passed competitive tests for a vacancy that he previously occupied, then a written agreement for a 5-year or indefinite period will become the document regulating the continuation of the employment relationship. There is no need to re-sign anything.
2. An employment contract concluded by an athlete upon temporary transfer to another employer may be extended. In this case, a fixed-term contract is concluded for no more than 1 year. The contract may be extended in accordance with the agreement of the parties for a certain or indefinite period.
3. A foreign citizen cannot count on automatic extension of the relationship for an indefinite period. If it is necessary to continue cooperation with him, a written agreement will be required.

The algorithm for extending the employment relationship in any situation is very similar, but has some features:

1. Despite the fact that there is a uniform rule for the automatic transformation of a fixed-term agreement into an open-ended document, it is still better to draw up an additional agreement before its expiration. Of course, without the execution of such a document, the agreement will continue to operate as an open-ended one, but the agreement will give the unconditional nature of future relations and will protect against legal problems.

The agreement always contains a phrase stating that a fixed-term contract is considered concluded for an indefinite period from a specific day.

1. But when only the employee (for example, a pregnant woman) is interested in continuing work, it is necessary to send a written statement to the employer.

Fixed-term employment contracts attract employers due to their ease of termination. It is enough to notify the employee three days before the end of the period and that’s it.

No obligations, no compensation and no lengthy procedures. Well, if you need to continue your employment relationship with an employee, what should you do?

Renew the contract or enter into a new one? Is extension of a fixed-term employment contract allowed in 2017?

General aspects

When hiring any new employee, it is the employer’s responsibility to document the legal relations that arise.

For this purpose, an employment contract is signed. It specifies all the significant terms of cooperation:

• functional responsibilities;
• payment order;
• guarantees and benefits;
• responsibility of the parties, etc.

Among the mandatory details of any employment agreement there is such an aspect as the duration of the contract. The start date of the employment relationship must be indicated.

Signing an employment contract for an indefinite period gives the employee certain guarantees provided for by law.

In particular, unilateral termination of the contract becomes impossible. The employee is notified of the termination of the employment relationship no later than one month in advance.

When some specific work is required, most often the contract is drawn up for the period necessary for completion.

In this case, there is no need to somehow compensate for the dismissal. But the scope of work provided for in the contract may not be completed on time.

Or the employer wants to continue the legal relationship, but without drawing up a standard agreement. Is it possible to extend a fixed-term contract?

It is not possible to answer the question unambiguously. It should be noted that a fixed-term contract can be automatically re-qualified as an open-ended contract.

The parties have all the rights and obligations predetermined for such relations.

A fixed-term employment contract is an agreement concluded for a strictly defined period. However, the term of such an agreement cannot exceed five years.

Most often, such an agreement is called a contract. Its conclusion is necessary when the relationship between the employee and the employer is limited in time.

Part 2 of the same article sets out situations in which it is possible to conclude a contract by agreement of the parties.

The main thing is to correctly formalize the contract extension from the point of view of labor law. According to some lawyers, it is unlawful to extend the term of a fixed-term employment contract.

The role of the order