When it is necessary to extend a fixed-term employment contract for a new term. Features of extending a fixed-term employment contract for a new term. Is it possible to carry out the extension procedure using an additional agreement? The term of the employment contract has expired

Labor Code The Russian Federation defines two types of contracts - fixed-term and unlimited in validity period. Urgent employment contract is issued for no more than a five-year period in cases regulated by Article 59 of the Labor Code of the Russian Federation. After the expiration of the period specified in the contract, it can be extended or terminated. However, there are a number of nuances in this issue that should be taken into account.

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

A fixed-term employment contract can be extended in the following situations:

• the contract has expired, but neither party has expressed a desire to terminate its obligations - the contract is considered automatically extended for an indefinite period under the same conditions;
• the reason for which a fixed-term employment contract was concluded has not exhausted itself - it is possible to extend the contract for a new period.

It should be taken into account that the legislation does not directly prescribe the possibility of extending a fixed-term employment contract. Judicial practice on this issue varies, so experts recommend concluding a new one instead of renewing the contract to avoid legal complications.

A fixed-term employment contract can be extended for a period, in combination with the contract, not exceeding the established limit. at 5 years old. At the same time, repeated extensions or conclusion of new temporary contracts with the performance of certain functions on similar conditions can be converted into an open-ended agreement by a court decision.

With a pregnant woman

By law, an employer is required to extend a fixed-term contract with an employee on the basis of her pregnancy. To renew, the employee submits a medical certificate confirming her status.

The contract period should be extended until the end of the pregnancy, if it is interrupted, or until the end of maternity leave. A fixed-term employment contract with a pregnant woman cannot be extended if she was hired during the absence of another employee.

In such a situation, the employer offers the pregnant woman other available vacancies. If this is not possible, the contract is terminated when the main employee returns to work.

With a pensioner

A fixed-term employment contract with a pensioner is drawn up only by agreement of the parties. It can also be extended on the basis of mutual consent. In terms of registration, this procedure adheres to the general requirements.

The contract is automatically renewed for an indefinite period unless either party expresses a desire to terminate it. An extension of the agreement for a limited period is permitted if the total period does not exceed five years.

With the CEO

The specifics of the contract with the general director imply that a fixed-term employment agreement is mandatory. Renew indefinitely or for a new limited period not allowed due to legal regulations.

This situation is due to an elected position general director elected in accordance with the organization's charter. If the same person is chosen, then a contract is concluded with him new contract.

How to renew after expiration?

Extension of a fixed-term employment contract is allowed only until the expiration of the established period. To do this, one of the parties sends advance notice to the other of the desire to extend the contract for a new period.

Extension after the deadline actions are possible within the framework of the automatic re-registration of a fixed-term agreement into a permanent one. If the parties do not take any action to terminate interaction and continue to fulfill their obligations as before, the contract is extended for an indefinite period. That is, it becomes permanent.

If the deadline has expired and the parties do not intend to continue working together on an ongoing basis, the document is considered terminated. Extension of joint work is allowed only through a new agreement.

Is it possible to extend until the end of a fixed-term employment contract?

You can extend the term of an employment contract without dismissal by amending the current contract. For these purposes, an additional agreement is concluded.

The legislation does not define strict requirements for drafting additional agreement. However, there are a number of aspects that must be met in order for the document to have legal force:

• the main agreement must provide for the possibility of drawing up additional acts to it;
• the parties indicated in the supplementary document must correspond to the parties to the main agreement;
• the reasons for which there is a need to extend the fixed-term employment contract must be indicated;
• those provisions that are subject to change are indicated, new deadlines are given;
• signatures and seals are affixed.

A fixed-term employment contract can be extended through an additional agreement before the expiration of the main contract.

Conclusion of an agreement for an indefinite period

Re-registration of a fixed-term employment contract into an open-ended one is carried out according to a more simplified procedure than drawing up an additional agreement on a new term. The law prescribes that a contract that is not terminated at the end of its term becomes permanent.

In some situations, a fixed-term employment contract may be recognized as indefinite in the following manner: judicial records management:

• there are no sufficient grounds for limiting the period of the contract - the law prescribes that it is not allowed to limit the duration of the employment relationship in order to deprive the employee of the benefits and privileges provided for by an open-ended agreement;
• the contract, taking into account additional agreements on its extension, is concluded for a period exceeding five years;
• forced consent of the employee for a limited period of work;
• permanent renewal of the document for a short period under the same conditions.

By mutual agreement, the parties can renew a temporary contract into an open-ended one before its expiration. Since such actions only improve the employee’s position, in such a situation it is also possible to draw up an additional agreement.

Statement

To extend the term of a temporary contract, the employee submits an application addressed to the manager. The document is drawn up in a simple form; there is no standardized template.

The application includes:

• names and positions of the manager and the applicant;
• details of a fixed-term employment contract, its terms;
• request for extension, statement of reasons;
• date and signature of the applicant.

An application for extension of a temporary agreement must be submitted only before the expiration of the contract. The text may also include other requests - changing certain conditions, concluding a new contract or issuing it on an ongoing basis.

Order

The order is drawn up in accordance with the standards for maintaining internal documentation. Required condition its execution is to indicate the reason why it is necessary to extend the fixed-term employment contract.

The order also indicates on the basis of which acts it is issued. This may be a statement from the employee, or an agreement between the parties. The period for which the main agreement is renewed is also specified.

A fixed-term employment contract is an agreement on labor relations concluded between an employer and an employee for a certain period (no more than 5 years). All actions under such an agreement are regulated by Art. 59 of the Labor Code (LC) of the Russian Federation.

Features of a fixed-term contract

A fixed-term version of an employment relationship differs from an open-ended one in that it has an end date. This agreement is concluded if it is necessary to carry out the following actions:

• perform short-term work (lasting up to 2 months);
• fill a temporarily vacant position of a permanent employee if it is necessary to retain his job;
• seasonal work;
• perform any amount of work outside the territory of the Russian Federation;
• carry out a number of labor actions that are not within the scope of activity of this organization;
• accept for a work internship citizens who have completed any educational institutions or courses;
• provide a certain amount of work for persons directed from the employment service, etc.

A fixed-term contract is drawn up only if there are grounds with the following contingent:

• with citizens who, due to health reasons, are recommended only to work of a temporary nature;
• with pensioners by age;
• with citizens hired to perform short-term work;
• with employees recruited to the staff of an organization (no more than 35 people) related to small business;
• with persons hired to carry out work to prevent or eliminate the consequences of natural or man-made disasters;
• with creative workers;
• with full-time students;
• with the crews of sea and river vessels;
• with citizens working part-time, etc.

It is necessary to discuss with the employee the conditions for changing the term of the contract and sign the agreement three days before its expiration. If the employee does not agree to the conditions offered to him, the organization will have to warn him about the termination of the employment contract in writing in accordance with Article 79 of the Labor Code of the Russian Federation. Otherwise, the employee can continue to work on a permanent basis (Part 4 of Article 58 of the Labor Code of the Russian Federation).

It should be taken into account that a fixed-term contract concluded without compelling reasons, in judicial procedure may be considered indefinite. This is due to the possible deliberate evasion of employers from providing social guarantees to their employees, guaranteed by the Labor Code of the Russian Federation.

At the end of the period for which the fixed-term contract is drawn up, the following development of events is possible:

• termination of employment relations (including early termination by mutual consent of the parties);
• extension of the employment contract for new term;
• transition of the status of an employment agreement from fixed-term to unlimited. This option is possible if neither party to the agreement notified the other party of the termination of the employment relationship and the employee continued to perform his work duties.

Renewal procedure

Additional facts

In some cases, a fixed-term employment contract cannot be extended, for example, when replacing a temporarily absent employee, to perform seasonal work, and in some other cases.

The Labor Code of the Russian Federation does not provide for a unified procedure for prolonging a fixed-term employment contract. Therefore, the most obvious way to extend this working relationship is to simply sign a new fixed-term contract on the same terms, but for a new term. This option is optimal if the parties to the agreement have a mutual interest in continuing cooperation.

If the employer is not interested in this employee, then it is not possible to extend the contract. In such a situation, the manager must notify the employee no later than 3 days that the contract is expiring and he must receive a payment. If no notification is received, the contract automatically becomes indefinite. Often this situation suits both parties.

An alternative option for extending a fixed-term contract

Extend validity period fixed-term contract possible by signing an additional agreement by the parties. Possibility of adjusting the current contract using additional agreement is stipulated by Art. 72 Labor Code of the Russian Federation.

This document must contain special wording regarding the expiration date of the contract: it must indicate that the validity period is changing to such and such a date (and not being extended).

Documenting the extension

According to Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can only be extended if there is a written application from the employee. It should be noted that the basis for drawing up this type of agreement must correspond to the list of reasons given in the specified article of the Code. An important condition is the deadline for submitting the application; this must be done earlier than the expiration date of the current fixed-term contract.

Please note that the agreement must state that the parties are modifying, not extending, the original term. Article 72 of the Labor Code of the Russian Federation allows you to change the initial terms of the employment contract, and therefore its established period.

Extension of the period is possible only in the case of pregnancy of a temporary employee (Part 2 of Article 261 of the Labor Code of the Russian Federation). In other situations, it is necessary to use the wording “change of deadline”.

The application can be handwritten or printed and must contain the following information:

• applicant details:
  • surname, first name, patronymic,
  • passport details;
• indication of the basis for extending the contract;
• date of application;
• personal signature of the applicant with transcript.

After submitting the application to the employer and making a positive decision, a special order is issued for the organization.

Depending on the decision of the employer and the wishes of the employee, the order must contain one of the following wording:

• on prolongation of the current fixed-term contract by concluding a new fixed-term contract;
• about registration of additional agreements to change the expiration date of the current contract;
• on adjusting the status of the contract: its transition from fixed-term to indefinite.

Learn more about extending an employment contract for an unlimited period in the video below.

Extension of a fixed-term contract for an unlimited period

The wording of the order for the execution of additional agreements regarding changing the validity date of the contract or transferring a fixed-term contract to the category of an open-ended one, allows you to extend the validity of the employment relationship for an unlimited time.

The first option involves periodic registration of additional documents. agreements regarding changing the completion date of the fixed-term contract, while the second does not require any further extensions.

There is another way to convert a fixed-term employment relationship into an open-ended one: by mutual agreement of the parties, the employee, after the termination of the contract, continues to fulfill his or her duties. official duties, and the employer continues to pay wages. Labor relations automatically become permanent (Article 58 of the Labor Code of the Russian Federation).

Any questions you may have can be asked in the comments to the article.

The relevant legislation of the Russian Federation formally allows the conclusion of any labor agreements for a period determined by the parties. In this case, the contract with the conditional employee will be valid until the date indicated in it.

If the employer remains interested in continuing such cooperation, on his initiative it may be agreed additional agreement, which will be compiled based on primary document. Through such actions, the parties can extend the relationship for another specified period. How this is implemented in practice will be discussed below.

When is it necessary to extend a fixed-term employment contract for a new term?

If the employee expresses a desire to continue to be registered in the conditional organization, and its manager is also interested in continuing cooperation, the initial agreement can be extended. This is done in two ways. The first option is to issue an order to draw up a new document for a specific period. In this case, the primary agreement will lose its legitimacy. The second option is to draw up an additional agreement to the primary agreement, which will indicate the period of interest to the manager. In this case, the order should not be issued.

How to extend a fixed-term employment contract for a new term with an additional agreement

Many workers are interested in Is it possible to extend a fixed-term employment contract? Relevant civil legislation formally allows such a procedure. At the same time, it is not necessary to wait until the main document expires. You can apply for an extension during its validity period. To do this, a second (additional) agreement is necessary, and thereby extend the primary one for a new term. Or, by agreement with the director, it will be concluded new form, canceling the previous agreement.

How to extend a fixed-term employment contract for a certain period

No conditional changes are made to the original document itself. It indicates the end date and year, which cannot be corrected. This will serve as a reason for the loss of legitimacy of the form. If the period has expired, it can only be correctly extended by issuing a new form. It can also be indefinite - when the work will continue for an indefinite period of time.

After filling out, all reasons are discussed with the conditional employee. If agreed, the director issues a departmental order and enters it into the report card. It is permissible to transfer such powers to third-party employees of the organization (for example, an inspector of the personnel department).

Extension of the contract for a certain period

To do this, it is enough to indicate the date of completion of the employment relationship. To extend the relationship correctly, you need to remember that the limit in this case is 5 years. If a longer period of work is required, then such a new agreement will already be considered indefinite. Accordingly, when drawing up a new document with a conditional employee, you need to pay attention to this rule.

Procedure for extending a fixed-term employment contract

If the agreement has ended, and the parties are mutually interested in continuing the relationship, then the employee can send a targeted appeal to the current manager with a proposal to extend cooperation.

If interested, the director must do the following:

• decide on the renewal scheme (new form or addition to the existing one);
• agree on all conditions with the conditional employee;
• after signing, issue a departmental order and translate it into a report card;
• submit a copy of the concluded form to the HR department for your personal file.

One nuance needs to be noted here. It is impossible to terminate a fixed-term relationship, even if it has ended, with a pregnant woman. In this case, the pregnancy period must be at least 12 weeks. In this case, an open-ended contract must be concluded with the employee.

How to extend an employment contract for a new term with a pensioner

Employees of the described category do not have any mandatory preferences. Therefore, the general order here will be identical ( Art. 77th Labor Code of the Russian Federation). In this case, you need to pay attention to the likely achievement of the possible age limit by the time of graduation. Therefore, it is recommended to carry out correct calculations in advance.

Fixed-term employment contract with the general director - how to extend

In this case, it is necessary to conclude a new form, because extension with this category of employees is not allowed (Article 217 of the Labor Code of the Russian Federation). The decision on this will be made by the meeting of founders.

How to extend a fixed-term employment contract with the general director - indicated in methodological recommendations 43-FZ. Therefore, it is appropriate to draw up a new, complete form about the expected period of work. It must be signed by a person authorized by the said meeting.

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Extension of a fixed-term employment contract: what a personnel officer should know

Any employment contract with a limited period of validity is considered fixed-term. One of its mandatory conditions is a predetermined day of termination of the employment relationship, reflected in the document as the exact date or event upon the occurrence of which the dismissal is formalized. Such the contract can be concluded for a maximum of five years. But what if the dismissal date is just around the corner, and the employer still needs the employee’s services? Is it possible to extend a fixed-term employment contract so that the employee has time to complete the tasks assigned to him? And if so, is there a five-year limit?

By general rule Extension of the term of a fixed-term employment contract is not possible. A bill on amendments to Article 58 of the Labor Code of the Russian Federation, providing for the possibility of extension, is under consideration, but it is too early to talk about its entry into force. If the amendments are approved, a one-time extension of a fixed-term employment contract will become legal: the Labor Code of the Russian Federation will allow increasing the duration of the employment relationship, but with certain restrictions - within the previously established five-year period and only on condition that the basis for urgency remains the same.

The editors of Sistema Personnel have collected cases of concluding a fixed-term employment contract in a single table. Use it to know exactly when you can and when you must enter into a fixed-term contract.

Not yet legislative framework, which legitimizes the extension of an employment contract for a limited period, the main method of solving the problem remains the dismissal of an employee with the subsequent conclusion of a new contract. However, from general rule there are several exceptions that should not be forgotten either - for example, the pregnancy of an employee.

Is it possible to extend a fixed-term employment contract for a new limited period?

The law protects the rights of some employees by providing them with additional guarantees. These include a ban on dismissal, valid until the employee’s pregnancy ends. If the date of termination of the employment relationship falls during pregnancy, instead of dismissal, an extension of the fixed-term employment contract for a new term is issued. Another special case when the contract can be extended for a limited period - the re-election of a scientific and pedagogical worker through competition for a previously held position (Article 332 of the Labor Code of the Russian Federation).

A tip from the editors of the magazine “Personnel Affairs”. What will change after amendments to Article 58 of the Labor Code are adopted?

How to extend a fixed-term employment contract for a scientific or teaching worker

A scientific or teaching worker who is on the staff of a higher education institution in a competitive position may be re-elected. At the same time, the parties are not obliged to enter into a new employment contract each time after election: the law allows it to be extended for a period of up to five years or for an indefinite period by agreement of the parties. Moreover, if a researcher or teacher is elected through competition to another position in the same educational institution, the contract also does not have to be terminated - all necessary changes are made on the basis of a written agreement (Articles 332, 336.1 of the Labor Code of the Russian Federation).

Attention! If labor relations with an employee were initially established for an indefinite period, it is unacceptable to make changes that turn an open-ended contract into a fixed-term one!

How to extend a fixed-term employment contract without dismissal if the employee is pregnant

Extension of a fixed-term employment contract upon expiration due to the employee’s pregnancy is a simple procedure, but requires special documentation.

Prepare documents:

To avoid claims from the State Labor Inspectorate, you need to know how a fixed-term employment contract with a pregnant woman is extended and what wording is used in the order.

The application is addressed to the head of the organization, is written in free form and contains a request to extend the employment relationship. The document is accompanied by a medical report or a certificate from the antenatal clinic to confirm the fact of pregnancy. If the employee has not done this, the employer has the right not to renew the contract.

Application for extension of a fixed-term employment contract until the end of pregnancy

Based on the application, an order is issued to extend the fixed-term employment contract and an additional agreement is entered into, which prescribes a new condition for dismissal - completion of pregnancy. If an employee takes maternity leave, the employment relationship ends after its end.

★ A difficult situation from practice: an employee hired to replace a temporarily absent permanent employee became pregnant, and the main specialist is already ready to return to work. What should I do? If there are vacancies, offer the employee a transfer to another job until the end of the pregnancy. You can offer both equivalent and inferior or lower paid positions, with the exception of work that a pregnant woman should not perform for health reasons. If she agrees, arrange the transfer. Is it possible, read in the magazine “Personnel Affairs”.

How to issue an order to extend a fixed-term employment contract: sample and step-by-step instructions

An order to extend an employment contract is drawn up in any form, since there is no unified form for such cases. Use the organization's letterhead or a regular A4 sheet.

Proceed sequentially:

1. Provide the employer's details. If a company letterhead is used as a basis, information about the company may not be indicated.
2. Enter the date and place of execution of the document, as well as its name and number assigned during registration.
3. In the preamble, make a reference to Part 2 of Article 261 of the Labor Code of the Russian Federation- the legislative norm in accordance with which the employer renews the contract.
4. Complete the administrative part. Write down the details of the contract to be renewed, the employee’s details (last name, first name, patronymic, personnel number) and the date until which the employment relationship should extend. If an employee takes maternity leave, be guided by the end date.
5. List the supporting documents: application, certificate of incapacity for work, etc. Indicate the details of each document.
6. Confirm the order. If the organization does not use a seal, the CEO's visa is sufficient.
7. Familiarize the employee with the order and sign it. Place the date of acquaintance next to it.

Sample order to extend a fixed-term employment contract until the end of maternity leave

And so - an order to extend the term of an employment contract (sample) for cases where the exact date of dismissal is not known in advance and is determined by a specific event:

Extension of a fixed-term employment contract for an indefinite period

The employment relationship can be extended for an indefinite period without resorting to dismissal. This method is suitable only for employers who are ready to hire a temporary worker on a permanent basis. All that is required is simply not to fire him after the expiration of the period specified in the contract. An expert from System Personnel will tell you how to register dismissal of a pre-retirement employee due to the expiration of the employment contract.

Attention! To secure the employee’s new status, an additional agreement and an order recognizing the contract as indefinite are drawn up (see. letter of Rostrud No. 1904-6-1 dated November 20, 2006 ).

This principle is not applicable only to the heads of organizations for which the validity period of the employment contract is fixed by the norms of federal legislation or constituent documents (Article 275 of the Labor Code of the Russian Federation). In order not to violate the law and local regulations, the director will have to be fired and rehired.

It is very easy to reclassify an employment relationship with an employee hired under a fixed-term contract as permanent, but it is almost impossible to extend it for a limited period without resorting to dismissal. The law allows the contract to be extended only with pregnant women and the scientific and teaching staff of universities, elected on a competitive basis.

A fixed-term employment contract can only be drawn up if the employer has compelling reasons. This contract has a limited duration. It is typically used when only one task needs to be completed or a replacement is needed until the main worker returns to his or her place. Often an extension of an employment contract is required. The process is carried out by drawing up a special additional agreement. If the employer repeatedly extends the validity period of this document, then this will become the basis for drawing up an open-ended contract.

Legislative regulation

In Art. 59 of the Labor Code lists situations in which it is permitted to use a fixed-term contract. Typically the process is performed in the following cases:

• a specialist is hired to replace a temporarily absent company employee;
• temporary or seasonal work is planned;
• a one-time project is being implemented;
• it is necessary to perform some functions that are not related to the main area of ​​the enterprise;
• a specialist is hired on a part-time basis or on an internship basis.

Often, even if there are compelling reasons for drawing up this contract, the labor inspectorate still holds the employer accountable for using a fixed-term contract. It is also prohibited to repeatedly extend an employment contract, since under such conditions the company’s management must draw up an indefinite agreement with the employee.

When can I renew?

Extension of the term of an employment contract is permitted only under certain conditions. These include:

• the employee was unable to cope with the existing tasks within a specified period of time, but there is no opportunity for other specialists to perform this work;
• both parties to the agreement are satisfied with the cooperation and therefore want to extend it;
• an employee who was employed on the basis of a fixed-term contract becomes pregnant, so the contract is extended until the birth of the child;
• employee educational institution or the athlete is hired for a position based on a competition.

Extension of a fixed-term employment contract is carried out by drawing up a special agreement between the parties. For this purpose, the requirements of Art. 348 TK. At the same time, the employer and employee must be satisfied with the cooperation. The process is carried out exclusively during the contract period, so if this period has expired, then extension is prohibited.

When is an employment contract not allowed to be extended?

There are some situations in which extensions are not permitted. These include:

• pensioner working on a fixed-term contract;
• On the basis of a short-term agreement, a citizen was employed in a leadership position.

In the above situations, in order to continue cooperation, the fixed-term contract must first be terminated, after which a new agreement is drawn up.

Ways to extend cooperation

If an employer wants a conscript to continue working in his company, he can use different methods:

• drawing up an agreement to extend the employment contract;
• formation of a new contract.

If a decision is simply made to transfer a citizen to the staff, then the employee is not given notice of termination of the contract three days before the end of the period specified in the text. This leads to the fact that the fixed-term contract automatically becomes indefinite.

Nuances of renegotiating a contract

It is not permitted to extend an employment contract if its validity period has expired. In this case, cooperation can only be carried out by drawing up a new agreement.

But the employer must take into account that if the contract is renegotiated many times, then this is the basis for holding the company liable and forcibly transferring the contract into a permanent employment contract.

Formation of an additional agreement

Extension of an employment contract for a new term is carried out by drawing up an additional agreement. It includes information about all changes made to the existing contract.

When drawing up this document, the following information is required:

• information about the company represented by its name, legal address, details and other information;
• information about the employee, which includes his full name, information from his passport, as well as his position in the company;
• date of preparation of the new document;
• changes made to an existing fixed-term contract, represented by an increase in its validity period.

A sample additional agreement on the extension of an employment contract can be viewed below.

Compilation rules

You can use the additional agreement only if the term of the fixed-term contract has not yet expired. When drawing up an agreement to extend the term of an employment contract, the following nuances are taken into account:

• information about the period for which the contract was extended must be entered;
• details are transferred from the main labor contract;
• personal information about the employee and the employer is provided;
• Based on this agreement, an order is issued by the management of the organization.

Typically, the formation of this document is carried out by a specialist from the HR department, for which it is advisable to use a special sample. Extension of the term of an employment contract must be carried out taking into account the requirements of the law, otherwise such actions on the part of management may be challenged.

How is the procedure performed?

If participants in labor relations require an extension of a fixed-term employment contract, the process is carried out in the following stages:

• an application is initially drawn up by the employee, on the basis of which it is necessary to extend the contract, and information is entered into it about the reasons for which this procedure is required, for example, if a citizen cannot cope with the task in a short period of time;
• if the initiator of the process is the employer, then he gives the employee a corresponding notice, and the specialist can refuse to sign an additional agreement if he wants to terminate cooperation;
• an additional agreement is drawn up on the basis of these documents;
• after its signing, an order is issued by the head of the company.

The initiator of the extension of cooperation can be either the employee or the employer. An example of a statement from an employee can be found below.

Rules for drawing up a notice by an employer

Often a hired specialist does not cope with the assigned tasks in deadline. The employer can find a new employee or extend the fixed-term contract for another period of time. The second option is most often chosen. Under such conditions, the head of the company draws up a special notice, which includes the following information:

• name of the organization;
• information about the employee;
• the opportunity to extend a fixed-term contract for a certain period of time is offered;
• reasons for making such a decision are given;
• a request to respond in writing is stated;
• The date of the notification is set.

This document is handed over to the employee against signature. Based on such notification, the employee draws up a written and reasoned response. With the help of such a notification, the extension of the employment contract is carried out in a legal way. A sample notice from the employer can be found below.

Rules for writing an application by an employee

Often, an extension of the term of an employment contract is required not by the employer, but by the direct hired specialist, since he does not have time to cope with the project or other assigned tasks in a timely manner. In this case, he independently draws up an application, for which the following nuances are taken into account:

• the notice indicates the reason for extending the employment relationship;
• the reason must be compelling;
• indicates how much more time the citizen needs to complete the task;
• reasons are given why the citizen could not cope with the project;
• the employee’s signature is affixed;
• The date of the application is indicated.

The employer may not agree with the employee’s reasons, so the general procedure is to terminate the employment agreement. After this, the company manager can find another specialist to complete the task.

If the director agrees to continue cooperation, then an additional agreement is drawn up to extend the employment contract.

A sample notice of termination of relations is located below.

Nuances of issuing an order

If a positive decision is made by the parties, therefore it is planned to extend the fixed-term contract, then the process is fixed by issuing an order by the head of the company. The document is presented as an internal act of the company, so the rules for personnel documentation are used to draw it up. When compiling it, the following information must be entered:

• company name;
• company seal;
• signatures of responsible persons represented by the head of the company and the boss personnel service;
• order number;
• date and place of its publication;
• the immediate reason for issuing the order;
• link to article 59, on the basis of which a fixed-term contract can be extended;
• a link to the previously drawn up additional agreement is left;
• at the end the signature of the employee is placed, who necessarily studies the contents of the document;
• The signature of the manager and the seal of the company are affixed.

On the basis of a correctly issued order, the extension of a fixed-term employment contract is carried out. A sample of this order is located below.

Nuances for pregnant women

Even with women, a temporary agreement can be concluded. The length of its validity depends on various factors, but a situation often arises when an employee finds out about pregnancy during the term of this contract.

Based on Art. 261 of the Labor Code, an employer does not have the right to terminate a contract with pregnant women, even if there is a short-term contract. Therefore, the director issues a special order based on the application submitted by the pregnant woman. It is based on the extension of the employment contract.

A sample order to extend cooperation due to an employee’s pregnancy is given below.

Features for university employees

Researchers are often invited to work part-time. According to the law, it is possible to extend fixed-term contracts with employees of different universities if they were initially employed on the basis of passing a competition.

To continue cooperation, a written agreement is drawn up. Its validity period cannot exceed 5 years.

Rules for renewing contracts with athletes

It is allowed to transfer athletes to other employers for a short period of time. Features of this process include:

• the duration of the agreement cannot exceed one year;
• the consent of the immediate athlete is required to draw up a fixed-term contract;
• the main contract is suspended and resumed after the employee returns.

If an athlete is transferred to a new company, the period of cooperation can vary from 1 day to 1 year. If the contract is drawn up for 1 month, then it is possible to extend the fixed-term employment contract for a new period, but for a maximum of 11 months. For this process, it is imperative to obtain the prior consent of the direct hired specialist.

Rules for renewing a contract for a director

Often, even a temporary worker acts as the CEO of the company. It is not permitted by law to extend the term of an employment contract for senior company executives.

If the founders are satisfied with the cooperation with a specific citizen, then they can only conclude a completely new contract with him. Therefore, you will have to wait until the current agreement expires, after which a new agreement is signed.

Features for retirees

If an employee retires during the term of a fixed-term contract, then the extension of such an agreement with him is not allowed. If a person who has already retired is hired, then an additional agreement can be used for him, but only if there is consent to continue the employment relationship.

Most often, when hiring pensioners, employers prefer to draw up temporary agreements, since this allows them to legally terminate the employment relationship after a certain period of time. But if there are no compelling reasons for drawing up such an agreement, then the head of the company himself may be held liable for violating the requirements of the Labor Code.

For how long is it extended?

An order to extend an employment contract must contain information about the exact period of time for which it is being extended. The order specifies the date of termination of the employment relationship between the two parties.

If the employer is satisfied with the work of a temporary employee, then often he simply does not give him a notice of termination of cooperation three days before the expiration of the contract. Under such conditions, the employee is automatically transferred to the company’s staff.

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

Often, according to the law, there is no possibility to extend cooperation. Under such conditions, the employer and employee have the following options:

• the contract is terminated in the usual manner, after which a new agreement is immediately drawn up, which indicates a new validity period or an open-ended contract may be applied;
• if the relationship is formalized on the same terms, then such actions are called renegotiation of the contract, which is a legal procedure;
• re-conclusion is possible for a strictly established period of time or an open-ended contract can be drawn up.

In practice, extending an employment relationship by renewing a fixed-term contract occurs quite often. In this case, it is not allowed to infringe on the rights or interests of hired specialists. If a manager violates legal requirements, he will be held accountable labor inspectorate. The employee may even go to court to seek compensation for moral damage.

Is it possible to extend a contract that has expired?

If a specific contract has expired, it is impossible to extend it, since it has already lost its legal force. The process is carried out exclusively in advance, for which the employer draws up a notice or forms an application by the employee if there are grounds for extension.

If the period of validity of the agreement has expired, then further cooperation is possible only by re-issuing the document. The previous conditions may be introduced into it, and some clauses may also be changed.

What entries are made in the work book?

Even when registering a citizen for temporary work, it is necessary to properly register it work book. To do this, enter information about employment in the company. A link to the manager’s order is left, and the position occupied by the specialist is also given.

After termination of cooperation, information about the termination of the relationship is entered into the work book. To do this, the details of the order are indicated, and the reason given for the expiration of the contract is also given.

If the agreement is extended, then no new information is entered into the work book.

Conclusion

An employment contract may be fixed-term, as a result of which the employee copes with his main responsibilities only for a limited period of time. If necessary, such an agreement is extended, and the initiator can be an employee or an employer.

It is important to correctly extend the employment relationship, for which the manager issues an appropriate order. If the procedure is carried out systematically, then the employer must offer the employee the opportunity to get a permanent job, otherwise the company may be involved in administrative responsibility. For some workers, extension of a fixed-term contract is not permitted.