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

From the article you will learn:

Very often, a fixed-term employment contract (hereinafter referred to as STD) is concluded for the temporary employment of a citizen in a company. A distinctive feature of such a document is the limited period of time during which the employee must perform labor functions in this position. The period during which the STD is valid has a certain limitation and cannot exceed 5 years. After the STD expires, it is either terminated or extended for a new period. For the latter case, we suggest considering a sample extension of a fixed-term employment contract for a new term.

Under what circumstances is the STD extended?

Currently, there is no specific provision in the law regarding the extension of the employment contract for a new period if the document indicates the end date of the employment relationship. The bottom line is that if you do not notify about the termination of the STD 3 days before its end, then he has the right to continue his work activity. In this case, such an employee will be on the company’s staff on an indefinite basis.

If the conclusion of a temporary contract was required due to the absence of the main employee who worked on a “permanent” basis, and he did not return to work by the specified date, then the STD can be extended. Then the performer will work until the person being replaced goes to work.

If the employer assigns new tasks to a temporary employee, then changing the conditions of the STD is not required. In this case, an additional agreement is concluded, which specifies the list of tasks assigned to be performed. For convenience, you can download a ready-made form or consider a sample additional agreement, which is located at the end of the article.

This is important to know! The additional agreement must be drawn up and signed before the STD expires. If the agreement is concluded by the parties after the specified period, it will not have any legal force.

However, it is important to remember that the above rules are supplemented by certain amendments when it comes to certain categories of employees, which we will discuss below.

Reasons for extending an employment contract

Extension of a fixed-term employment contract may be necessary for a variety of reasons; they are all described in Articles 261, 348 and 332 of the Labor Code. These are exceptions to the general rule. For other cases, such an extension is not provided. So, an extension is possible if:

The position held by the employee is elective. When elected again, a separate fixed-term contract must be concluded with him or the previous one must be extended. This applies to university teachers and rectors. These points are referred to in Article 332 of the Labor Code.
To the athlete when extending his employment relationship with management. This is mentioned in Article 348 of the Labor Code, in its fourth paragraph.
An employee who has entered into a fixed-term employment contract with an organization is pregnant. This is a particularly common case. In order to extend the agreement for this reason, one of the parties must have a certificate from the antenatal clinic. The latter must indicate that the gestational age exceeds 12 weeks.
The scope of temporary work on the project has not been completed. This is a non-trivial situation that requires particularly compelling reasons and the involvement of piles of additional documentation in the process. In addition, such actions may be considered illegal in some cases.
The employee liked him, the employer plans to enter into an open-ended employment contract with him in the future, but has not yet decided to take this step.
The employee, who was replaced by another, decided to take maternity leave or sick leave again.

When replacing one pregnant employee with another pregnant second lady, the contract may not be renewed. Each specific situation requires a special approach. But it is important to understand that the period can only be extended with a valid document. It is impossible to conclude an additional agreement to a fixed-term employment contract if its validity period has already expired.

STD with pregnant women

A contract with a pregnant woman cannot be terminated before the due date. Once the employee notifies the employer of her situation, the STD should be extended until the end of maternity leave (BIR). To determine this date, you need to rely on the certificate of incapacity for work issued to the employee at the antenatal clinic.

If a pregnant employee is registered temporarily and the absent employee decides to return to work, then the pregnant employee can either be transferred to another position (if transfer is possible) or fired. If the pregnancy is terminated for any reason, then the employer has every right to terminate the STD within a week when it became known about this fact.

Sample order to change the term of an employment contract

The legislation establishes the following requirements for additional agreements:

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

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. The extension of a fixed-term contract for an employee “in position” occurs on the basis of Art. 261 Labor Code of the Russian Federation.

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

Maternity leave is formalized by issuing an order (instruction) of the employer and is granted to a working woman on the basis of a certificate of incapacity for work for pregnancy and childbirth.

The STD may be terminated before the expiration of its term on the grounds set out in Article 77 of the Labor Code of the Russian Federation. The procedure is the same as for terminating a TD concluded for an indefinite period of time.

A woman can make an application for contract renewal in any form in writing.

If a pregnant employee did not manage to submit an application on time due to her stay in the hospital, and informed her employer about this only verbally, the court will be completely on her side.

If the terms of an employment agreement are extended multiple times, then the courts may recognize such a relationship as an open-ended employment contract.

In any case, when drawing up an additional agreement to extend the contract, you should remember that changing its validity period without sufficient grounds may be considered illegal.

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.

The child was not born. The order to extend the contract is valid only until the end of the pregnancy. Moreover, regardless of how the pregnancy ended (birth or miscarriage).

Changing the term of an employment contract

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).

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.

Despite the fact that the employment order itself is drawn up in a unified form (Form No. T-1), no mandatory form is provided for the document changing the terms of this order.

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

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

If the temporarily absent employee returns to work, the employer has the right to terminate the contract only if he cannot transfer the pregnant woman to another job.

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

Based on the conclusion of an employment contract, a hiring order is mandatory and this order must comply with the terms of the contract concluded with the employee (Part 1 of Article 68 of the Labor Code of the Russian Federation). Therefore, if the conditions reflected in the employment order change in the employment contract, it is necessary to make appropriate amendments to the order.

If the employer violates this condition, the provision on the duration of actions may be declared invalid by the court.

When, under an additional agreement to a fixed-term employment contract, the initial term of the employment contract with an employee is increased, one of the conditions reflected in the employment order changes. Namely, the period for which the employee was hired (columns “from” and “to” in the unified form T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

Positions that can be offered to an employee can be either lower-ranking or lower-paid. Important! If an employee refuses new working conditions and proposed vacant positions, he is fired.

The employer must keep in mind that he does not have the right to demand fulfillment of duties after the expiration of the TD period. If he wants to extend the TD, then it is necessary to offer to conclude an additional agreement to the contract. Otherwise, the employee, having worked his last working day, may not go to work, and this will not be considered absenteeism.

The legislation does not contain rules for maintaining timesheets, symbols included in the timesheet, as well as the form of the timesheet itself.

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

The act is drawn up in two identical copies. The employer's copy is filed in the employee's personal file. The expiration date of the STD will be the day following the date of issue of the act.

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.

Order to extend work periods

It is impossible to conclude an additional agreement to a fixed-term employment contract if its validity period has already expired. Example: a temporary worker hired for the period of maternity leave of a permanent employee, after her departure, replaces another permanent worker.

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.

The website Dogovor-Yurist.Ru provides the opportunity to find and download free forms or completed samples of contracts, statements, protocols, decisions and charters. The document “Sample agreement to amend an employment contract” is provided for you in different formats: online version, DOC, PDF, RTF, ODT, XLS, etc.

Extension of a fixed-term employment contract in accordance with the Labor Code of the Russian Federation

The law establishes the concept of fixed-term and unlimited-term labor. They have common and distinctive features that affect the procedure and conditions for formalizing legal relations.

Compliance with all legislative acts of the Russian Federation implies termination of the concluded employment contract at the end of its validity period with a mandatory written warning to the employee and the subsequent conclusion of a new fixed-term contract from the next day.

After completion of work, its extension is possible:

For a certain period. It may be the same as that specified in the preliminary agreements, but it is also possible to choose a different duration, described by a specific date on the calendar or the completion of a certain amount of work.
Indefinitely. The new text must indicate that legal relations do not have a limited duration. If there is no information about the terms, then it will be conditionally considered unlimited.

Sample order to extend the term of an employment contract

Labor relations, the essence of which consists in the employee performing his functions until a certain date or event, are formalized through a fixed-term employment contract.

The document indicates the date from which the employee will receive an increased or decreased salary, and the amount of the new one (the description of the notification procedure in case of a decrease in salary is described above). Step 3.

It is worth noting that the employer does not bear any responsibility for the untimely issuance of a work book to a temporary employee. That is, if the last actual working day and the last documented working day differ, it is not the employer’s fault.

In what cases is it necessary? The designated application performs the function of updating obsolete items and replacing them with new ones. This period is necessary for the employee to decide whether to continue his employment relationship with the employer under the new conditions.

If the employee does not agree to work under the new conditions, a document is issued terminating the employment contract.

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?

The order is issued on the organization’s letterhead or on a regular A4 sheet, on which the organization’s details are indicated at the top. At the very beginning, the name of the order, its number, date of signing and city should be written down.

Sample dismissal order under a fixed-term employment contract

Info The second copy of the agreement remains with the employee as a guarantee of his new rights and obligations. The supplementary agreement does not have a strictly approved form; there are only recommendations for drafting. By the way, an agreement is drawn up on the basis of an order in form T - 5.

additional agreement to the employment contract on changes in salary (wages).

This type of agreement has become especially relevant during the economic crisis, when it has become more profitable for employers to use this form of labor relations, in which it is not necessary to provide the employee with social guarantees under an open-ended employment contract, as well as to make due payments to him after dismissal.

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STD with foreigners

The difference in concluding a CTD with foreign citizens is only in one thing: in order to be hired, the candidate is required to provide a work permit on the territory of the Russian Federation. When this document expires, the STD is terminated without fail, otherwise penalties will be applied to both the employee and the employer.

If a non-resident has a patent, then he can only be employed by an individual, but not by an organization. A similar condition applies to entrepreneurs - a work permit will not be enough to register a foreigner for work.

What is the algorithm of actions when extending the STD?

1) A written statement is accepted from the employee , which contains:

information about the addressee of the application (name of the organization, full name and position of the manager in whose name the application was made);
information about the applicant (name and position);
Title of the document;
information about the agreement that was concluded previously;
request for contract extension;
the date the document was drawn up;
signature of the person who made the application.

Order storage period

The order relates to personnel documentation. Therefore, it is advisable to preserve it for 75 years. It regulates the duration of work of staff in the institution. In possible proceedings regarding deadlines, it may be useful as documentary evidence of the fact that the employee’s time for performing his duties has been increased.

In short, an order to extend a fixed-term employment contract is concluded in special cases. In most situations, it is much better to terminate the agreement and enter into a new one.

What nuances may occur?

Having decided to extend the STD, the employer may encounter some “pitfalls” that should be known about in advance in order to minimize risks, so:

It is possible to change the term of the STD only as long as this agreement is in force, otherwise the following consequences may occur: - an employee who was not notified of the termination of the STD has the right to work indefinitely; - the procedure can be complicated - you will first have to formalize the dismissal, and then hire the employee under a new contract.
If you enter into a STD with one employee several times in a row on the same basis, then such a document may be recognized by the court as unlimited.
The total duration of terms under the STD is a maximum of 5 years.
Within the framework of one agreement, several additional agreements on the extension of the STD can be signed.
When employing a pregnant woman under the STD, the employer has the right to request certificates confirming the employee’s position. Such a document may be required every 3 months.
Concluding a private contract with a foreigner is possible only for a period of 1 year. It is not prohibited to extend the contract if the work permit is renewed.
You can extend the STD with a seasonal employee by specifying additional responsibilities in the agreement.

Nuances

In most cases, a fixed-term employment contract cannot be extended. Then the parties will have to resort to terminating existing papers and signing new ones.

It is also worth keeping in mind that, according to the Labor Code, if a fixed-term employment contract is concluded with an employee for two months or less, then he should not have a probationary period. If the urgency is limited to six months or less, then the probationary period should not exceed two weeks.

Therefore, when extending a fixed-term contract, it is possible to simultaneously extend the probationary period. This move could also be aimed at extending the duration of the temporary agreement.

If neither the employer nor the employee takes the initiative to terminate the fixed-term contract, then without recording any information in the employment contract it becomes indefinite. This is clearly stated in Article 58 of the Labor Code.