If you want to extend the employment contract for an indefinite period, continue the actual employment relationship with the employee after the end date of the contract: provide work space, pay wages, - all as usual. In this case, it is not required to enter into any special agreements. In accordance with article 58 of the Labour contract of the Russian Federation (TC RF), the condition of urgency of the contract will automatically lose its validity, the remainder of the document will remain in effect.
If you want to extend the employment contract for a fixed term, do it before the date of expiry of the contract. In accordance with article 72 of the labour code, the employer and the employee may be agreement to change the terms of the employment contract in written form. In the text of this document should contain a provision stating that the parties agreed to present the relevant paragraph of the employment contract as amended. In fact will only change the end date of the employment contract. It is important to bear in mind that, according to the General rule of article 58 of the labour code, the duration of the employment relationship fixed-term agreement shall not exceed five years, even after its extension, if another term is not established by law.
If the date of termination of the contract - not only the change, rework the text of the labour contract completely and make all corrections. Thus, the employer and the employee will be required to sign two documents: an agreement modifying the terms of the employment agreement and the employment agreement as amended.
Note that it is unacceptable extension of fixed-term employment contract to mask the possibility of concluding with an employee an indefinite contract. In accordance with article 58 of the labour code, if it is established that an employment contract for a definite period have been concluded without sufficient grounds, solely for the purpose of evasion from granting to the worker of guarantees and rights, which implies a permanent contract, the court finds such a contract concluded for an indefinite period.
Sometimes fixed-term employment contract cannot be extended, for example if it is made to replace a temporarily absent employee, for performance of seasonal works in some other cases.
Advice 2: How to prolong fixed-term employment contract
Fixed-term employment contract with an employee for a certain period. However, due to various circumstances, there is often a need to extend the period of work. Changes to document made in accordance with the Russian legislation.
You will need
- - agreement on changes in fixed-term employment contract;
- - new fixed-term employment contract;
- - seal of the organization.
The easiest option is to follow the conditions fixed-term employment contract until its expiration. In this case, the employee will work to specified in the document date. During the attack, according to article 58 of the Labour contract of the Russian Federation, the Treaty will lose their force, then it is possible to conclude fixed-term employment contract with the employee if necessary.
Prolong fixed-term employment contract with the employee prior to the expiration, for example, if in the future you will have the opportunity to sign a new contract. Follow the 72nd article of the labour code, under which employer and employee are obliged to conclude an agreement on changes in the employment contract in written form. In the presence of the employee make up the document, putting all provisions of the Treaty to be modified. If you need to extend only the term, in fact the change is only one. The agreement need to be certified with signatures of employer, employee and company seal. You can then make a new fixed-term contract which will come into force.
Consider some of the provisions of the labour code governing the conclusion of fixed-term employment contract. For example, Article 58 stipulates that fixed-term employment relationship can not last more than five years. It is prohibited to conclude with the worker a permanent contract by his disguise under the extension of the term of the contract. It restricts the rights and freedoms of the employee and provides for the imposition on the employer of administrative sanctions.
Remember, specified in the labour code the conditions under which no possibility of extending fixed-term contract. For example, you cannot do this in the case that you just need to replace temporarily absent employee, to perform seasonal work, etc.