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 can I renew a fixed-term contract
The employer and the employee have signed an employment contract, may extend the validity period. This can be done if both parties agree. To register the extension must be made in accordance with legislative acts.
In accordance with the Employment contract of the Russian Federation, the employee can require the employer's renewal of fixed-term contracts. Let's say you are working on a temporary contract, learned of her pregnancy. Write to the head of the company's statement. It can be as follows: "the request to extend the term of the employment contract from (date) №__ to the end of pregnancy. The basis of medical certificate from (date) №__". Attach to the application a document confirming your pregnancy. A medical certificate must be issued correctly, have all required stamps and signatures.
You can also conclude with the employer the additional agreement. You should specify in it new term of the employment contract (it should not exceed five years). In any case, do not write the wording, which involves the extension of the term. Better mark this as a change the end date of a legal document. If you transfer to another position, for example, in the case of the regular worker, this should also be spelled out in the additional agreement. Be sure to specify the date of entry into force.
Note that if the head of the organization wants to modify contract terms, including the term, he must notify you no later than three days before the new conditions enter into force. If he didn't tell you about it, you can continue to work on a permanent basis.
According to the Labor code, to extend the term of the contract is impossible, so the best way in this case to use the wording "change of life". If the employer wants to continue working with the employee on a permanent basis, it is advisable to cancel an employment contract and sign a new indefinitely. But in this case, you must be compensated for unused vacation days.