A fixed-term employment contract can only be drawn up if the employer has a good reason. Such a contract has a limited duration. Usually it is used if it is necessary to complete only one task or a substitute is needed until the main employee returns to his place. An extension of an employment contract is often required. The process is carried out by drawing up a special additional agreement. If the employer will repeatedly extend the validity period of this document, this will become the basis for drawing up an unlimited contract.
Legislative regulation
In Art. 59 TC lists the situations in which it is allowed to use a futures contract. Typically, the process is performed in the following cases:
- a specialist is hired to replace a temporarily absent employee of the company;
- planned to perform temporary or seasonal work;
- 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 part-time or internship specialist is hired.
Often, even if there are good reasons for drawing up this contract, the labor inspectorate will still hold the employer liable for the use of the fixed-term contract. Repeated prolongation of the employment contract is also prohibited, since under such conditions the management of the company must draw up an indefinite agreement with the employee.
When can I renew?
An extension of the employment contract is permitted only under certain conditions. These include:
- the employee could not cope with the existing tasks for a specified period of time, but there is no possibility for other specialists to perform this work;
- both parties to the contract are satisfied with the cooperation, therefore they wish to extend it;
- an employee who was employed on the basis of a fixed-term contract becomes pregnant, therefore the contract is extended until the birth of the child;
- an employee of an educational institution or an athlete shall be hired on the basis of a competition.
The extension of a fixed-term employment contract is carried out by drawing up a special agreement of the parties. For this, the requirements of Art. 348 TC. In this case, the employer and employee should be satisfied with the cooperation. The process is carried out exclusively during the contract period, so if this period has ended, the extension is prohibited.
When is an extension of an employment contract not permitted?
There are some situations in which prolongation is not allowed. These include:
- a pensioner works under a fixed-term contract;
- on the basis of a short-term agreement, a citizen was hired for a managerial position.
In the above situations, to continue cooperation, you must initially terminate the fixed-term contract, after which a new agreement is drawn up.
Ways to extend cooperation
If the employer wants the conscript to continue to work in his company, then he can use different ways:
- drawing up an agreement on the extension of the employment contract;
- formation of a new contract.
If a decision is simply made to transfer a citizen to the state, then the employee will not be 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 unlimited.
The nuances of renegotiating a contract
An extension of an employment contract is not permitted if it 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 repeatedly, this is the basis for holding the company liable and forcing the contract into a permanent labor contract.
Formation of an additional agreement
The extension of the employment contract for a new term is carried out by forming an additional agreement. It includes information about all changes made to an existing contract.
When compiling this document, the following information is required:
- information about the company, presented by its name, legal address, details and other information;
- data about the employee, to which his name includes F. I. O., information from the passport, as well as the position held in the company;
- date of compilation of a new document;
- amendments to the current fixed-term contract, represented by an increase in its validity.
An example of an additional agreement on the extension of an employment contract can be studied below.
Compilation rules
An additional agreement can only be used if the term of the fixed-term contract has not yet come to an end. When drawing up an agreement on the extension of the employment contract, the nuances are taken into account:
- information must be entered on how long the contract was extended;
- details from the main labor contract are transferred;
- personal data about the employee and employer is provided;
- Based on this agreement, an order is issued by the organization’s management.
Typically, the formation of this document is done by a specialist in the personnel department, for which it is advisable to use a special sample. The extension of the term of the employment contract must be carried out taking into account the requirements of the law, otherwise such actions by the management may be challenged.
How is the procedure performed?
If participants in an employment relationship require an extension of a fixed-term employment contract, the process is performed in the following steps:
- initially, a statement is drawn up by the employee, on the basis of which it is necessary to extend the contract, and information is added to 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 employer is the initiator of the process, then he gives the employee a corresponding notice, and the specialist may refuse to sign an additional agreement if he wants to stop cooperation;
- based on these documents, an additional agreement is drawn up;
- after its signing, an order is issued by the head of the company.
The initiator of the extension of cooperation can be both the employee and the employer. An example application from an employee can be studied below.
Employer notice policy
Often, a hired specialist can not cope with the tasks on time. 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 these conditions, the head of the company draws up a special notice, which includes the following information:
- name of company;
- information about the employee;
- an opportunity is offered to extend a fixed-term contract for a certain period of time;
- reasons are given for making such a decision;
- a request is written in reply;
- the date of the notification is set.
This document is transmitted to the employee for signature. Based on such notification, the employee draws up a written and reasoned response.With the help of such notice, the employment contract is extended legally. A sample notice from the employer can be found below.
Employee Application Writing Rules
Often, the extension of the employment contract is required not by the employer, but by a 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 a statement, for which the following nuances are taken into account:
- the notice shall indicate the reason for the extension of the employment relationship;
- the foundation must be good;
- indicates how much more time is required for the citizen to complete the task;
- reasons are given for why a citizen could not cope with the project;
- Signed by the employee;
- The date of the application is indicated.
The employer may not agree with the reasons for the employee, therefore, in general, the employment agreement is terminated. After that, the head of the company can find another specialist to complete the task.
If the director agrees to continue cooperation, an additional agreement is drawn up on the extension of the employment contract.
A sample notice of termination is located below.
The nuances of issuing an order
If a positive decision is made by the parties, therefore, an extension of the fixed-term contract is planned, then the process is fixed by issuing an order by the head of the company. The document is presented by an internal act of the company, therefore, rules for personnel documentation are used to compile it. 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 head of the personnel department;
- order number;
- date and place of its publication;
- immediate reason for issuing an order;
- reference to art. 59, on the basis of which a fixed-term contract can be extended;
- a reference is made to a previously drawn up supplementary agreement;
- at the end is the signature of the employee, who is necessarily studying the contents of the document;
- signed by the head and seal of the company.
On the basis of a correctly issued order, an 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 may be made. Its validity depends on various factors, but often a situation arises when an employee finds out about pregnancy during the term of this contract.
Based on Art. 261 TC, the employer does not have the right to terminate the contract with pregnant women, even if there is a short-term contract. Therefore, a special order is issued by the director on the basis of an application submitted by a pregnant woman. According to it, the extension of the employment contract is carried out.
A sample order for the extension of cooperation due to the pregnancy of a female employee is given below.
Features for university employees
Researchers are often invited to work part-time. By law, it is allowed to extend a fixed-term contract with employees of different universities if they were initially employed on the basis of a competition.
To continue cooperation, a written agreement is drawn up. Its validity may not exceed 5 years.
Rules for renewing a contract with athletes
It is allowed to transfer athletes for a short period of time to other employers. The features of this process include:
- the term of the agreement may not exceed one year;
- requires the consent of the immediate athlete to draw up a fixed-term contract;
- the main contract is suspended, and is resumed after the employee returns.
If an athlete is transferred to a new company, then the period of cooperation can vary from 1 day to 1 year. If the contract is drawn up for 1 month, then the extension of the fixed-term employment contract for a new period is allowed, but for a maximum of 11 months. For this process, you must first obtain the prior consent of the direct hired specialist.
Director renewal rules
Often, even as the general director of a company, a temporary worker acts. The law does not allow the extension of the employment contract for senior executives of companies.
If the founders are satisfied with the cooperation with a particular citizen, then they can only conclude a completely new contract with him. Therefore, you have to wait until the current agreement expires, after which a new agreement is signed.
Features for senior citizens
If an employee retires during the term of a fixed-term contract, then extension of such an agreement is not allowed with him. If, however, a person who has already retired is applying for a job, then an additional agreement may be used for him, but only if there is agreement to continue the employment relationship.
Most often, when applying for work of pensioners, employers prefer to draw up temporary agreements, as this allows you to legally terminate the employment relationship after a certain period of time. But if there are no good reasons for drawing up such an agreement, then the head of the company may be held liable for violation of the requirements of the Labor Code.
How long is extended?
An order to extend an employment contract necessarily contains information about for what period of time it is extended. The order indicates the date of termination of employment 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 contract expires. Under these conditions, the employee is automatically transferred to the state of the company.
Renewing the contract for the third time is not recommended, since under such conditions the hired specialist may file a complaint with the labor inspectorate to verify the organization. The reason is the repeated extension of the contract.
What if the contract cannot be renewed?
Often, by law, there is no opportunity to extend cooperation. Under such conditions, the employer and employee can use the following options:
- the contract is terminated in the usual manner, after which a new agreement is immediately drawn up, which indicates the new validity period or the termless contract may be applied at all;
- if relations are formed on the same terms, then such actions are called renegotiation of the contract, which is a legal procedure;
- renegotiation is possible for any strictly specified period of time or an unlimited contract may be drawn up.
In practice, the extension of labor relations by renegotiating a fixed-term contract is quite common. Moreover, it is not allowed to infringe on the rights or interests of hired specialists. If the head violates the requirements of the law, then he is prosecuted by the labor inspectorate. The employee can even go to court to recover compensation for non-pecuniary damage.
Is it possible to extend a contract that has expired?
If the validity of a specific contract has expired, then 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 a statement is formulated by the employee, if there are reasons for the extension.
If the period of validity of the agreement has expired, then further cooperation is possible only with the renewal of the document. The previous conditions may be introduced into it, and it is also allowed to change some points.
What are the entries in the work book?
Even when registering a citizen for temporary work, it is necessary to correctly execute his work book. To do this, information on hiring the company is entered. A reference is left to the order of the head, and the position held by the specialist is also given.
After the termination of cooperation, information on termination of relations is entered in the workbook. For this, the details of the order are indicated, as well as the reason presented by the expiration of the contract.
If the agreement is extended, then no new information is entered in the workbook.
Conclusion
An employment contract can be fixed-term, as a result of which the employee manages his basic duties only for a limited period of time. If necessary, such an agreement is extended, and the employee or employer may be the initiator.
It is important to correctly prolong labor relations, for which a corresponding order is issued by the head. If the procedure is carried out systematically, the employer must offer the employee the opportunity to get a job on an ongoing basis, otherwise the company may be held administratively liable. For some workers, the extension of a fixed-term contract is not allowed.