Extend the term of the employment contract additional agreement. Sample order for the extension of an employment contract for a specific period

Fixed-term employment is a fairly common phenomenon in Russia. It has acquired particular relevance in the current crisis conditions. For employers, this form of relationship is most convenient, since it allows the dismissal of employees without additional paymentsprovided for in permanent work.

The procedure for terminating an employment relationship on an urgent basis is overly simple. It is enough for the employer to notify the employee of the termination of the contract. However, the active use of fixed-term contracts may turn out to be not for the employer in the best possible way... Therefore, it is important to know in what cases and with whom their conclusion is possible, as well as the nuances of the registration procedure.

It is important to prolong the employment relationship within the framework of current law respecting a number established rules... This will not only save them, but also avoid administrative penalties.

What the Law says

The list of situations in which it is possible to issue an urgent employment contract, established by the Labor Code of the Russian Federation. The details of the conditions and implementation of this process are defined in Articles 57-59.

According to Part 2 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded in the case of:

• hiring an employee in place of any absent employee;
• reception of personnel for temporary or seasonal work, implementation of one-time projects;
• fulfillment additional functionsthat are not related to the main activity of the enterprise;
• hiring on an internship, part-time.

In practice, there are situations when there are all grounds for concluding a fixed-term contract and its registration was made by agreement of the parties, but labour Inspectorate based on the results of the audit, imposes fines on the employer. This is the result of multiple renegotiated contracts for the performance of the same work. They are recognized by the court as indefinite, and the employer is brought to administrative responsibility.

When can a contract be extended

Employment contract with limited time actions in certain time loses its force.

However, there are cases when its prolongation is necessary, the reasons for which may be the following:

• the work started by the employee is not yet completed and cannot be completed without him;
• both parties to the labor relationship are satisfied with the cooperation and they wish to extend it;
• performing labor function under a fixed-term contract, an employee becomes pregnant;
• an employee of the university or athletes was admitted to a certain position by competition.

If renewal is not possible

If it is impossible to extend a fixed-term employment contract and at the same time the parties wish to continue the relationship, you should use certain rules... The contract must be terminated by concluding new contract with a specific period of validity or indefinite.

Registration of labor relations on new term by the old conditions cooperation is a procedure for renegotiating a contract. Despite the fact that such a concept is not enshrined in the Labor Code, such actions are not prohibited.

The process of renegotiating an employment contract is as follows: old treaty a new one is terminated between the employee and the employer. According to articles 58-59 of the Labor Code of the Russian Federation new document is no different from the original version. Reconnection is possible both on a certain period, and on indefinite terms.

So, labor legislation does not fix the concepts of contract renewal and renewal. However, such actions are not prohibited. Prolongation of employment contracts is widespread in practice. The main rules for its implementation are the observance of the rights and interests of both parties to the relationship and adherence to the norms of the law.

The main regulatory legal acts governing the procedure for concluding, extending and terminating a contract are:
- Labor Code of the Republic of Belarus;
- Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29 "On additional measures to improve labor relations, strengthen labor and performing discipline"(With subsequent amendments and additions) (hereinafter - Decree No. 29);
- Decree of the President of the Republic of Belarus of 12.04.2000 No. 180 "On the procedure for applying the Decree of the Republic of Belarus" (with subsequent amendments and additions) (hereinafter - Decree No. 180);
- Resolution of the Council of Ministers of the Republic of Belarus of 25.09.1999 No. 1476 "On approval of the Regulation on the procedure and conditions for concluding contracts between employers and employees" (with subsequent amendments and additions) (hereinafter referred to as the Resolution).
Contract - an employment contract concluded in writing for a period specified in it, containing features in comparison with general rules labor legislation and providing a specific minimum compensation for the deterioration legal status employee (clause 2 of the Regulations). The maximum term of the contract is five years (clause 2 of article 17 Labor Code The Republic of Belarus).
Consider the procedure for notification of contract renewal.
In accordance with part 3 of paragraph 1-1 of Decree No. 180, each of the parties that have entered into a contract, no later than one month before its expiration, warns the other party in writing about the decision to continue or terminate labor Relations.

1) The employer notifies the employee of the extension of the contract at least one month in advance.

2) The employee notifies at least one month in advance of the extension of the employment relationship

3) The employer issues a contract renewal order

4) A note is made in the contract about the extension of the contract

"The contract was extended for a period of 2 years from 25.02.2010 to 24.02.2012"

Employer Signature Employee Signature
M.P.

Algorithm of actions when concluding a new contract.
In accordance with part 2, paragraph 1-1 of the Decree, upon the expiration of the maximum term of the contract, by agreement of the parties, a new contract is concluded for a period of at least one year.

1) The tenant is notified of the conclusion of a new contract at least one month in advance.

2) The employee notifies at least one month in advance of the intention to conclude a new contract

3) The employer issues an order to conclude a new contract

If at the conclusion of a new contract there is a change essential conditions labor in accordance with Article 32 of the Labor Code of the Republic of Belarus, then the notification of the conclusion of a new contract must be at least one month in advance. Any changing conditions should be written in the notification itself.

Inna Kozich, lawyer

Sometimes, concluding with employees labor contracts, employers wish to continue their employment relationship with them further after the expiration of the contract. In this regard, they have a question, is it possible to extend a fixed-term employment contract for a new term? The article will help you find out the answer to this question.

A fixed-term contract can be renewed for a new term with the following categories of employees:

Renewal of the contract is not possible, the dismissal is formalized first, and then it is signed new treaty with the following categories of employees:

• Employees of higher leadership positions.
• Pensioners.

Early extension of the contract

The contract is extended in the following cases:

• At the end of the contract period, both parties wanted to continue the employment relationship, and did not pay attention to its termination. In such a situation, the contract automatically becomes indefinite.
• Conclusion of a new contract before the end of the current one. An employee is dismissed by order of dismissal, with a note in work book... After that, a new contract is concluded, also, with a corresponding note in the work book.
• IN valid contract make changes to regulate the change in the contract. The parties sign additional. an agreement that fixes a new employment relationship.

Contract renewal order

The extension of the term of the employment contract is accompanied by the execution of an order for the extension of the fixed-term contract. It is drawn up according to the rules of registration personnel documents... The order must contain the following information:

• Organization name, signatures authorized persons and corporate seal of the company;
• The number of the order, the date of its publication, and the place where it was signed (indicate at least the city);
• The signature of the employee confirming his familiarization with the order, as well as the date of familiarization;
• The signature of the manager of this employee, also dated;
• Order text. It can be anything, even very short. The most important thing is that it contains the main essence.

It should be noted that it is impossible to renew fixed-term contracts many times. If the proceedings reach the court, the court decides to transfer the fixed-term contract to an unlimited one. In this case, the employer is obliged to eliminate the existing violation and pay a fine.

It is worth distinguishing between such concepts as contract renewal and its renewal. These procedures are completely different and radically different from each other. For example, a contract with an employee of a managerial position cannot be extended, but an existing contract can be terminated and a new one can be concluded.

Contract renewal period

The maximum term of a fixed-term contract is five years. Consequently, maximum term the renewal of the contract is also five years.

It is convenient and profitable for employers to conclude fixed-term employment contracts with employees. This is due to the fact that they have fewer obligations to temporary employees. But sometimes employers have a question whether it is possible to extend a fixed-term employment contract. This article will help you figure it out.

Employers can issue a fixed-term contract in the following situations:

• To replace permanent employeethat is absent for a while;
• For seasonal and one-time jobs;
• For an internship;
• For part-time work;
• To perform work that is not related to the main activity of the company.

Fixed-term contracts are automatically renewed and become indefinite if the parties do not wish to terminate it (except for three exceptions).

Prolongation of a fixed-term employment contract is possible for some categories:

• Pregnant women. Even when the contract expires, it will not be possible to terminate it. To extend the term of the contract, a woman must provide a doctor's certificate confirming the fact of pregnancy. After the end of the pregnancy, the employer has the right to terminate the contract even before its expiration. More details in.
• University staff. Prolong fixed-term contracts with researchers it is possible when they were selected in a competitive way for the same position that they held before. To extend the employment contract, an application is drawn up in writing... The renewed contract must have a term of no more than five years.
• Athletes. After the expiration of the contract with one employer, it can be transferred to another employer for temporary work for up to one year.

Features of the extension for some categories of employees

• Pensioners. You cannot extend the contract with retirees. A contract with a pensioner can be re-executed only if the employee has been re-hired.
• Employees in leadership positions. Extend the term of the employment contract for general agreements it is impossible. To continue cooperation with a certain director general, you must first fire him, and then recruit him again.

Documents for contract renewal with samples

• Notification. For termination temporary contract the employer must notify the employee three working days in advance. This is done in writing. The content of the document can be arbitrary. A sample notice of the extension of a fixed-term employment contract looks like this:

Dismissal of an employee is possible only on the day specified in the contract as the last one.

The extension of the employment contract is carried out by prior agreement between the employee and the employer.

• Supplementary agreement. If both parties wish to continue cooperation, they must issue a supplementary agreement... Moreover, this must be done before the contract expires.

A sample side agreement looks like this:

It should be noted that all wording in this document must be clear and correct.

If you change the terms of the contract, you can edit it by entering a phrase into the agreement that clause X must be supplemented with the following text.

How to renegotiate a contract

There are times when the work could not be completed in specified terms... In such situations, the contract can be renegotiated.

This method is only suitable for a one-time renewal. The contract, drawn up in such a situation, will not be indefinite, so it must include the start and end dates. Also, in this contract, the reason for the urgency of the contract must be indicated. This reason should explain why cooperation is at permanent basis not possible. It is very important to accurately calculate the term of the contract so that you do not have to re-sign it again. FROM legal side this may sound suspicious.

Transition of a fixed-term contract to an unlimited one

A fixed-term contract can become indefinite when the same employee renegotiates fixed-term contracts with the same employer many times. Signing between the parties open-ended contract will be a safe solution in terms of inspections.

If an employee replaces a temporary absent employee who is unable to take up their duties on time, fixed-term contract extended by signing an additional agreement.

Litigation

1. Dismissal of a pregnant woman working on a fixed-term contract.
2. The main employee on maternity leave was replaced at once by several employees, who also went on maternity leave. In such a situation, the court is usually on the side of the employer.
3. A fixed-term contract is recognized as indefinite.

From this we can conclude that the parties should very carefully discuss all aspects of labor cooperation before signing an agreement.