Order to extend the term of an employment contract (sample)

Extension of a fixed-term contract: possible and impossible

There is still no approved decision on the question of whether it is possible to extend a fixed-term employment contract.
The courts are guided by the ruling of the Supreme Court of the Russian Federation dated July 27, 2014 No. 41-KG14-10. It says that the Labor Code does not indicate the possibility of extending a fixed-term employment contract. In this regard, the extension of this type of contract means its automatic recognition as indefinite. The exception is the teaching staff of the university - Art. 332 TK. If the teacher is already working on an urgent TD, it is not terminated, but continues by agreement of the parties. The relevant body for personnel officers - Rostrud - has also not decided on this issue. Three information letters are devoted to considering whether it is permissible to extend the contract term by a new term:

• dated October 31, 2007 No. 4413-6;
• dated 08.12.2008 No. 2742-6-1;
• Rostrud report dated October 24, 2018 No. b/n.

The first document recommends changing the condition on the validity period of the TD by drawing up an additional agreement to it. The second document states that there are no legal grounds for prolonging urgent TD. Pregnant women and teachers are mentioned as exceptions. In the 2020 report, the conditions for renewal are the preservation of the basis of the conclusion and the total contractual period of no more than 5 years.

Thus, law enforcement practice is as follows:

• within the meaning of Art. 58, the total duration cannot be more than 5 years;
• existence of a legal basis for concluding or prolonging an urgent TD;
• compliance with written form in accordance with Art. 72 TK.

Is it possible to extend the employment relationship?

For labor relations, the question of what it means to extend a contract is especially relevant. Sign a new one or change the existing one?

A fixed-term contract is extended in two cases:

• extension due to the employee’s pregnancy, if the period expires during pregnancy and the employee has asked for this in writing and provided a medical certificate of pregnancy (until the end of pregnancy or until the end of maternity leave, if such leave has already been granted) (Part 2 of Art. 216 TK);
• for certain categories of workers (teachers of higher educational institutions) (Article 332 of the Labor Code of the Russian Federation).

In other cases, it is safer to fire the employee and enter into a new fixed-term employment contract.

Even in the Ministry of Labor, different specialists have different opinions regarding the possibility of prolonging labor contracts.

Since letters from the Ministry of Labor are not binding regulations, the question of the possibility of extending a fixed-term employment contract remains controversial.

Example of an additional agreement to change the validity period of a fixed-term employment contract

Additional agreement No. ___

No.____ from “___”________ ____

"___"____________ _____ G.

___________________________________ (name), hereinafter referred to as "Employer", represented by ___________________________________ (position, full name), acting on the basis of ___________________________________ (charter, regulations, power of attorney), and ___________________________________ (full name, passport details ), hereinafter referred to as “Employee”, collectively referred to as “Parties”, guided by Art. 72 of the Labor Code of the Russian Federation, have concluded this Additional Agreement to the fixed-term Employment Agreement dated “___”________ ____.

No. ___ about the following:

1. Paragraph ___ shall be stated as follows: ______________________________ (indicate the validity period subject to its changes, but not more than 5 (five) years).

2. All other provisions of the Employment Agreement remain unchanged.

3. This Additional Agreement comes into force from the moment it is signed by both Parties and is an integral part of the Employment Agreement dated “___”________ ____, No. ___.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

4. This Additional Agreement is drawn up and signed in two copies having equal legal force, one of which is kept by the Employer, the other is transferred to the Employee.

This is important to know: Remuneration without an employment contract and the amount of the fine for its absence

Details and signatures

Possible extension dates

If, after the expiration of the contract, neither party demands its termination, it automatically becomes indefinite. Difficulties will begin with repeated extensions. On the question of how many times a fixed-term employment contract can be extended for a short period, the courts tend to see the employer’s evasion of providing the employee with rights and guarantees. If the court finds that the same labor function is being performed, the contract is recognized as concluded for an indefinite period.

Currently the general rule is:

• if the duration of a fixed-term employment contract (FTA) is less than five years, it is extended. The total renewal period does not exceed 5 years;
• the basis for concluding the STD does not change.

In some cases, it is preferable not to sign an additional agreement, but to terminate the previous STD and conclude a new one, if there are appropriate grounds.

Procedure for registration and list of documents

It is worth noting that there is no single procedure for extending a fixed-term employment contract in accordance with the Labor Code of the Russian Federation.
Therefore, the simplest way is to re-form this agreement, which will contain the same conditions as the previous one. This option is convenient if the parties are interested in continuing cooperation. It is also possible to extend a fixed-term contract if the parties sign an additional agreement. In this case, the provisions of the current agreement are regulated in accordance with Article 72 of the Labor Code of the Russian Federation.

In order to extend a fixed-term employment contract in accordance with Article 59 of the Labor Code of the Russian Federation, a written application from the employee is required. This document must be submitted before the expiration date of the current fixed-term contract.

This application can be handwritten or printed, but it must contain:

• Full name of the employee;
• a compelling reason for extending the contract;
• date of writing the application;
• signature with transcript.

If, when considering this application by the employer, it is approved, a special order will be issued.

Renegotiation

As mentioned above, the employment contract can be renewed. This action will significantly simplify the renewal process. This is due to the fact that legally it is much easier for an employer and a specialist to enter into a new fixed-term contract than to renew an existing one.

Also, this option is best used for one-time use. It will be necessary to indicate the reason for the urgency. It is also important to calculate the correct term of the contract so that you do not have to conclude it again.

Signature

This method is very controversial, but it is used quite often. In this case, the text of the agreement should be written, adhering to an unambiguous meaning.

The agreement should contain lines stating that the contract period will be extended based on serious cause.

For undefined period

This method is the best when the parties mutually decide to continue the employment relationship on an ongoing basis.

So, if at the end of the contract, neither party has received notice that the relationship is being terminated, then it is considered extended for an indefinite period, which is why the fixed-term contract becomes indefinite, and the temporary employee turns into a permanent one. Nuances of the procedure with different categories of citizens

The most common reason for concluding a fixed-term employment contract is the search for a specialist to replace a temporarily absent employee. The latter, as a rule, is assigned a job in accordance with the law. This could be going on maternity leave or being on sick leave. These periods are long, so the employer needs to find a replacement during their absence.

Pregnant women

According to established legislation, a pregnant woman cannot be dismissed by the head of an organization (with the exception of the liquidation of the company itself).
However, the same law does not prohibit terminating a fixed-term contract with a pregnant woman if its term expires. In addition, it cannot be extended if it was concluded during the absence of a permanent employee.

If these circumstances occur, the employer is obliged to offer the pregnant employee another vacancy, or in the absence of one or the unwillingness of the worker herself, he can fire her.

In all other situations, a fixed-term contract can be extended until the end of pregnancy upon submission of a corresponding application from the employee and a medical certificate confirming her situation.

Pensioners

Pensioners can be registered under a fixed-term employment contract if they have been hired at their place of work again. In this case, their voluntary consent is important.

University employees

This category of citizens is regulated by Article 332 of the Labor Code of the Russian Federation. According to it, extension of a fixed-term contract for scientific workers is possible provided that they were selected on a competitive basis for the same position that they previously occupied.

After which you must submit a written application to extend the contract (for no more than five years).

Athletes

An athlete can be transferred to another employer for no more than one year.
In this case, a written statement from the athlete himself is required. In this case, the validity of the concluded agreement will be suspended, but the term will not be interrupted. When the employee returns, the contract will be renewed.

If the temporary contract period ends and the employee remains to work for the new employer, it can be extended.

General Directors

For persons holding senior management positions, the extension of a fixed-term contract is impossible. They can only generally renew it for a new one.

Minors

Persons under eighteen years of age are offered the opportunity to extend their employment contract for up to five years.

Students

This category may require an extension of a fixed-term contract based on Article 332 of the Labor Code of the Russian Federation.

Full information on a fixed-term employment contract is presented in this video.

Algorithm of actions

If it is necessary to extend the STD and avoid disputes in court, check the correctness of its conclusion. Please note that the following conditions are met:

• The circumstances of the conclusion correspond to Art. 59 Labor Code (other laws);
• the grounds are provided for in Art. 58 TK.

A properly drawn up additional agreement is a guarantee that it will not be challenged. Let us remind you how to draw up an additional agreement on the extension of a fixed-term employment contract in an organization:

1. Issued before the end of the STD.
2. It is necessary to obtain the employee's consent to postpone the end of the contract. This is either his statement or a written proposal from the employer with the obligatory signature of the employee.
3. A written agreement is concluded to extend the main contract.

Based on the additional agreement, an order is issued to increase the duration of the STD with the employee.

Order to extend the term of an employment contract - sample

At the legislative level, there is no unified form for an extension order. The employer has the right to independently develop a document and approve the form in the enterprise’s document flow schedule. The order must include information about the company; date, number and place of drawing up the document; information about the employee and the employment contract concluded with him; clause on prolongation (change of conditions). The employee is familiarized with the text of the order against signature. The document is approved by the manager.

Order to extend a fixed-term employment contract - sample

Limited Liability Company "Raduga-Don" (LLC "Raduga-Don")

Rostov-on-Don st. Temernitskaya, 18 of. 204

07/09/2018 No. 12/07

“On changing the validity period of a fixed-term employment contract

No. 25 of 04/16/2018 with Sotnikova I.G.”

In accordance with the norms of stat. 57, 59 Labor Code of the Russian Federation

Change the validity period of fixed-term employment contract No. 25 dated 04/16/2018, concluded with payroll accountant Irina Georgievna Sotnikova, for 1 year until 07/09/2019.

Reason: statement by I. G. Sotnikova, additional agreement to fixed-term employment contract No. 25 dated April 16, 2018.

I have read the order _________________/Sotnikova I.G./

Director of LLC "Raduga-Don"_______________/Semenov A.S./

If you find an error, please select a piece of text and press Ctrl+Enter.

Mandatory documents

It is important for the personnel service to know what documents are needed to formalize the extension of a fixed-term contract with an additional agreement without dismissal, so that this decision is not challenged by the State Labor Inspectorate:

• application from the employee or proposal from the employer indicating the reason for the extension;
• signing of an additional agreement on the extension of the STD;
• issuance of an order.

The obligatory condition for renewal is until the expiration of the STD. If the employment contract ends, it cannot be extended.

Order to extend the term of an employment contract - sample

At the legislative level, there is no unified form for an extension order. The employer has the right to independently develop a document and approve the form in the enterprise’s document flow schedule. The order must include information about the company; date, number and place of drawing up the document; information about the employee and the employment contract concluded with him; clause on prolongation (change of conditions). The employee is familiarized with the text of the order against signature. The document is approved by the manager.

Order to extend a fixed-term employment contract - sample

Limited Liability Company "Raduga-Don" (LLC "Raduga-Don")

Rostov-on-Don st. Temernitskaya, 18 of. 204

07/09/2019 No. 12/07

“On changing the validity period of a fixed-term employment contract

No. 25 of 04/16/2019 with Sotnikova I.G.”

In accordance with the norms of stat. 57, 59 Labor Code of the Russian Federation

Change the validity period of fixed-term employment contract No. 25 dated 04/16/2019, concluded with payroll accountant Irina Georgievna Sotnikova, for 1 year until 07/09/2019.

Reason: statement by I. G. Sotnikova, additional agreement to fixed-term employment contract No. 25 dated April 16, 2019.

I have read the order _________________/Sotnikova I.G./

Director of LLC "Raduga-Don"_______________/Semenov A.S./

If you find an error, please select a piece of text and press Ctrl+Enter.

Features of prolongation in various cases

The legislation regulates the extension of STD for certain categories of workers.

Pregnant

An employee working under the STD brought a certificate of pregnancy and an application to extend the employment agreement. The length of time for which the contract is extended is determined by the termination of pregnancy. Dismissal takes place after the birth of the child. The date of termination of the STD is the end of maternity leave, indicated in the medical certificate. The employer has the right to require a document confirming pregnancy every three months before the birth of the child. If the pregnancy ends for other reasons, the employee can be fired within a week after the personnel or employer learns of the termination of the pregnancy.

Managers

Temporary labor agreements are concluded with enterprise managers. The basis for how to extend a fixed-term employment contract for a new term without dismissing the general director is the decision of the general meeting. If the same person is elected, the termination of powers and re-election for the next term are reflected in separate paragraphs in the protocol. The extension of the STD is not considered here - the previous contract is terminated and a new one is concluded. Information about dismissal and hiring is entered into information about labor activity.

Athletes

When an athlete is transferred to temporary work in another organization, a temporary TD is concluded with him - no longer than 1 year. At the same time, the TD with the first employer is valid. If at the end of the fixed-term contract no one declares an end, the original TD is interrupted and the temporary one is extended. There are 2 options:

• extension for a period established by agreement of the parties;
• in the absence of an agreement - for an indefinite period.

Teachers

It is permitted not to conclude a new TD with employees of the scientific and teaching staff who, through competition, fill a position that they previously occupied under a temporary contract - Art. 332 TK. Its validity period is changed by written agreement:

• lasting no longer than 5 years;
• uncertain.

In all other cases, the answer to the question of whether it is possible to extend a fixed-term contract without dismissing the employee is negative. Extension of the STD will be the basis for recognizing it as unlimited.

Common causes of litigation

There are two reasons why legal disputes most often arise:

1. Dismissal of a pregnant woman working under a fixed-term contract (this right is given by Article 261 of the Labor Code of the Russian Federation).
2. Requirement to recognize a fixed-term contract as indefinite.
3. Repeatedly concluding a fixed-term contract with an employee in order to exclude the provision of certain guarantees to him.

To avoid such litigation, the employer should carefully discuss all the details with his specialist.

When is an extension necessary? The answer to the question is in the video.

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

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. Such an agreement can be concluded only if this possibility is provided for in Article 59 of the Labor Code of the Russian Federation.

For short-term work (no more than 2 months)

When carrying out temporary activities that are not part of the normal scope of work (for example, in the case of repair work)

The company is organized for a specific period of time

For temporary work, the exact completion date of which cannot be determined

During practice or internship

The employee was referred by the employment service

In other situations in accordance with labor legislation