Is it possible to extend a fixed-term employment contract? Yes, the commission of such an action is quite possible, which is enshrined in the content of the main regulatory act regulating labor relations in the Russian Federation - the Labor Code, in which provisions about it are scattered randomly. Next, we consider the main features of the extension procedure, as well as some nuances that should be paid attention to when renewing the agreement.
When can I renew my contract?
Based on the provisions laid down in the content of the Labor Code, the beginning of any labor relationship should be accompanied by the conclusion of an agreement. The legislator determines that this type of agreement can be both unlimited and concluded for a certain time, after which the contract with the employee will be terminated.
Legislation and real practice show that at this stage there are some situations in which the extension of an employment contract concluded earlier between the employer and the employee is realistic. Such situations include those cases when the work for which the employee was invited to have not yet been completed, and moreover, it cannot be completed without the participation of the current employee.
An extension of a fixed-term contract is necessary when a woman who has got a job finds out about her state of pregnancy - in this situation, an additional agreement between the parties must be signed for the period necessary to provide her with maternity leave.
The extension of the contract is normal practice in the case of hiring employees at universities, on a competitive basis, with athletes, as well as with the appointed heads of enterprises and organizations.
Of course, this case is also possible in the situation when the employee was accepted for a certain period, after which the parties agreed to continue mutual cooperation on an unlimited basis.
When is it impossible to extend cooperation?
In legal practice, there is the only case upon which the extension of the employment contract is an impossible action - this is the final expiration of the current contract.
The thing is that the decision to extend the agreement must be taken by the employer and, moreover, for a certain time before the expiration of the current agreement. The legislator notes that this decision is in no way dependent on the employee - he has the right only to give his consent to continue cooperation.
However, what to do in that situation if the contract has expired? In this case, it is necessary to conclude a new contract in which all the desired conditions will be spelled out.
Why is renewal based on an additional agreement?
How to extend a fixed-term contract without dismissal of an employee? Modern legal practice shows that any significant action must necessarily be displayed in documentary form, on paper. So, if there is an urgent need to extend the contract previously concluded for a certain period, the parties must necessarily draw up an additional agreement, the content of which will determine the change in the validity period of the previously signed contract.
Why is it necessary to draw up and sign this type of document? The reason for this lies in the content of the articles available in the Labor Code.So, it says that the procedure for extending a fixed-term contract is completely excluded, but Art. 27 of the Labor Code states that, if necessary and by mutual agreement, the parties have the right to make the desired changes to the previously concluded contract. It should be noted that they may relate to the duration of the agreement.
Drawing up an additional agreement
How to extend a fixed-term contract without dismissal of an employee? For this, the parties need to draw up and sign an additional agreement, the contents of which will amend the term of the contract.
The main requirement put forward for such a document is its full compliance with normative acts and, in particular, the provisions of the Labor Code. This document must certainly be set out on paper, contain at the end of the signature of both parties, and also be certified by the seal of the organization.
The text of the agreement must be printed on a computer, and its syllable must be easily readable. Moreover, there should be no grammatical errors or typos in its text.
The document agreed and signed by the parties must be filed to the main contract, which was previously concluded with the employee, and the personnel department of the organization is responsible for ensuring its safety.
List of documents for concluding an agreement
Legal experts are often interested in whether it is possible to extend a fixed-term contract by an additional agreement? Yes, such an action is possible, but a certain package of documents will be required to compile and sign this paper. What should be included in it? Let's consider further.
First of all, when drawing up an agreement, you need to pay attention to the presence of a statement about this, filed by the employee. This document must be typed on a computer or written manually in legible handwriting, on an A4 sheet. In its content, the employee must indicate not only his personal data and the requirement to extend the contract, but also the reason why such an action should be performed.
After the employer considers the submitted application and agrees with its content, he must issue an order for the enterprise confirming the need to extend the previously concluded contract. The document should be put on public display.
Having these documents, is it possible to extend a fixed-term employment contract for a new term? Yes, for this action, the employee’s will in writing is sufficient, as well as the consent of the employer, presented in the form of an appropriate order. If these documents are available, the parties must meet and, having come to an agreement on the content of the additional act of extension, sign it and then certify it with the seal of the legal entity.
Next, we consider the main features of how the extension of the concluded contract with different categories of employees occurs.
Renewal of contract with pregnant employees
Modern labor law protects the rights of pregnant women. So, if an employment contract was concluded with an employee who, prior to the expiration of her term, found out about her pregnancy, then it cannot be canceled during the period allotted by law to provide her with maternity leave, as well as leave necessary to care for a child until reaching them 3 years of age. The legislator allows the dismissal of a pregnant woman solely in the presence of her own desire for that.
How to extend a fixed-term contract with an employee during maternity leave? To carry out this procedure, a woman must submit a statement stating the requirement, as well as the reason (with the number and name of the medical document confirming the fact of pregnancy).
In the event that an employee was hired temporarily, instead of another employee, the employer must offer her another position. In case of double refusal from it, the employment relationship may be terminated without the desire of the other side.
With the director
Considering this issue, you should pay attention to how to extend a fixed-term employment contract for a new term with the director of a particular organization. In this situation, it is necessary to take into account that the commission of this action is impossible, which can be concluded by analyzing the provisions of the Labor Code of the Russian Federation.
In Art. 275 of this normative act, it is said that the period for which a cooperation agreement can be concluded is indicated in the constituent documents of the enterprise. That is why, when thinking about how to extend a fixed-term employment contract with the director of an LLC, it is necessary to understand that in this case only its renegotiation is possible. It should be noted that the contract renegotiation procedure is possible only after the official dismissal of a person under Art. 43 of the Labor Code.
How to extend a fixed-term contract with the general director of an LLC? A sample of a new labor contract should be preliminarily studied by the parties, after which mutual agreement will certainly be reached for each item presented in the layout of the act. The procedure for signing it should take place after the candidate submits the relevant application, as well as all accompanying documents required for admission to this type of work.
With pensioner
In accordance with the regulatory acts in force, an employee who has become a recipient of pensions does not lose his labor rights and may continue to work. However, due to the instability of the health of such an employee, as well as the gradual loss of his strength, changing the term of the contract for a certain period is not allowed.
How to extend a fixed-term employment contract for a new term with a pensioner? This action can be carried out by mutual agreement, with the definition of the term, which should also be agreed by the parties.
Extension of the contract with the chief accountant
When considering whether it is possible to extend a fixed-term employment contract for a new term with the chief accountant, it is necessary to take into account that the position in question is appointed, and the decision to replace it with a specific candidate, in accordance with the rules, must be made by the immediate head of the institution or organization. In view of this circumstance, the procedure for extending the agreement with such an employee must be carried out in accordance with Art. 72 of the Labor Code, which provides for the parties to reach an agreement on a specific issue, of which a written document must be drawn up, presented in the prescribed form.
Extension of a contract with a part-time
As modern practice shows, an additional employee is hired when a person performing his work in the usual mode is on vacation. Acceptance of a part-time job is usually carried out for the period of the first stay on vacation or to perform a certain amount of work.
Is it possible to extend a fixed-term contract with a part-time job? Yes, such an action is possible, but only when the bulk of the work for which the employee was hired was not mastered. An extension agreement in this situation is concluded in a general manner.
Features of the extension of the contract with foreigners
It should be noted that the procedure for registering labor relations with foreign employees provides for certain nuances and conventions. They must also be observed in the case of extension of the agreement on cooperation for any period.
Is it possible to extend a fixed-term employment contract with a foreign citizen? Yes, for this, the employee needs to submit a more extensive package of documents than the one needed to carry out the same procedure with persons who are Russian citizens. In addition to the employee’s application, this package must contain documents such as a temporary residence permit in the Russian Federation or a residence permit in the country, as well as a permit to engage in labor activity in Russia or a patent.
How to extend a fixed-term employment contract for a new term? The sample agreement necessary for this fully corresponds to that used for the same actions with an employee - a citizen of the Russian Federation.
Renewal of contract with minors
Is it possible to extend a fixed-term contract by an additional agreement with a minor? Yes, such an action is possible, but, according to practicing lawyers, is inappropriate. This is due to the fact that this group of employees, as a rule, gets a job during the holidays or during the internship. If the contract is extended, such an employee will work during the training period. Based on the legislation, it is currently forbidden to occupy his work more than 17 hours a week, which is disadvantageous for most employers.
Legal nuances to consider when concluding an additional agreement
Practitioners in the field of jurisprudence often notice some of the features that are worth paying attention to those who wish to extend the previously concluded contract. The first, most important of them, is that the agreement in question, which is concluded to extend the contract, should contain information that the parties do not renew, but change the original deadline. As for directly extending the term, this action can be considered in an agreement concluded with a pregnant employee.
In the event that the reason for the change in the validity period of a previously concluded contract is the transfer of an employee to a new position or to another department (unit), then such changes must certainly be reflected in his text.
As practice shows, it is best to start negotiating for an extension of the contract at least three days before the expiration of the general period of its validity - it is in this period that you can best meet the deadline, along with the procedure for signing the agreement. In the event that the employee refuses the offer made to him, the company will have time to notify him of the termination of the contract in writing, as provided for by applicable law. Another nuance is that if the employer does not have time to issue a warning about the termination of the contract in writing, then on the basis of the provision presented in art. 58 of the Labor Code of the Russian Federation, the employee receives the right to automatically continue his labor activity at the enterprise in his current position, but not on a temporary, but on a permanent basis.
About Auto Renew
Is it possible to extend a fixed-term employment contract on an automatic basis, without concluding additional agreements? Yes, the legislator provides for such an opportunity. So, on the basis of the provisions set forth in Art. 58 of the Labor Code of the Russian Federation, an extension of a fixed-term agreement for an indefinite period occurs when its validity period has expired, but the parties continue to maintain actual labor relations with each other, observing mutual obligations and taking into account each other's rights.