Additional agreement for the extension of a fixed-term employment contract

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Published: 08/05/2016

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The crisis state of the current economy is the reason for the widespread use of fixed-term employment contracts in the labor market.

The easiest way to extend a previously concluded employment contract is to draw up an additional agreement to it.

• Document functions
• Structure and sample document
• Design nuances

When is it possible to extend employment contracts?

The parties to labor relations at any time have the right to express free will and their own opinion on a particular issue. Even the termination of the main document cannot become an obstacle if everyone is interested in further cooperation.

Automatic renewal is permissible for positions for which they are elected through competition. The candidate is expected to run again for the same elective position.

Legislation often protects the rights of so-called “temporary employees” by prohibiting the termination of their contracts. An example is when documents are drawn up for pregnant women. The agreement is extended until maternity leave or a break related to child care ends.

Here we must rely on articles of the Labor Code of the Russian Federation 58, 59. They describe the main nuances:

1. The employment relationship is automatically preserved and transferred on a permanent basis if one of the parties does not receive a warning about its termination.
2. Temporary employment can be extended if, for official reasons, a permanent option is not yet possible.
3. If there are no other grounds for refusal, then the employment relationship is agreed to be transferred to a permanent basis.
4. The manager is generally obliged to notify the employee of the termination of the contract. This is done at least a month in advance, in writing.

How to extend a fixed-term employment contract with a pregnant woman?

If an employment contract was concluded with a woman who, shortly before the termination of the relationship, became pregnant, unfortunately for the employer, such a contract is not cancelled. The legislator has provided for the possibility of protecting this category of workers by obliging employers to renew the contract until the end of pregnancy. In some cases, when drawing up an application to extend the relationship, pregnant women may request an extension of the relationship until the end of this leave.

The contract is extended in accordance with Article 231 of the Labor Code. An employer cannot fire a pregnant woman until she wants to or until the period of maternity or care leave expires.

If an employee was hired for a temporary position to replace an absent employee, then the employer is obliged to offer her a new position, which she can accept or refuse. If there is a refusal of the new position, the relationship is automatically terminated.

Sample application for extension of a fixed-term employment contract due to pregnancy:

More detailed information is contained in the article “Pregnancy during a fixed-term employment contract.”

Under what circumstances is this unacceptable?

The contract is not renewed if the first period has ended and there is no basis for extending the employment relationship. The same thing happens if the validity period of the document has expired on a general basis, but there is a vacant position.

You can get out of the situation in the following ways:

• creation of a new local act regarding temporary work.
• renegotiation of the agreement if the vacancy is actually open.
• execution of additional agreements and related documents

The parties can draw up an additional agreement if all the conditions previously agreed remain in force. Except for the date. It will become an additional paper that comes into force as an annex to the foundation.

In what cases do we conclude again?

The law does not contain a direct prohibition or indication of the obligation to extend fixed-term contracts.
But experts agree that prolongation is generally prohibited and illegal. Let us remind you that it is permissible to conclude it in cases prescribed by law. There must be a reason, for example, completing a certain amount of work, a project, or replacing a temporarily absent employee. A complete list of conditions is contained in Article 59 of the Labor Code of the Russian Federation, which regulates such working relationships in detail.

Another example is when the contract with the general director expired. At the same time, the period was limiting. In both cases, extension of the employment contract for a new term is prohibited. Registration of termination of relations occurs according to the standard scheme:

• the employee is warned about the expiration of the contract;
• an order is issued;
• an entry is made into the labor record.

If the employee is valuable and can be provided with volumes, then re-employ him. It is only advisable to accept on the terms of an open-ended relationship.

Although in practice, many employers cheat by repeatedly prolonging fixed-term contracts, while the employee’s functionality moves from one to another. That is, in fact, there is no “specific scope” or “one-time project”. It is illegal. When inspected by regulatory authorities, such an employer will be fined.

What documents will be required to resolve the issue?

No other documentation is required from the employee to renew the master agreement. At least if there were no changes regarding functional responsibilities and competence.

You can use what management already has on hand. With the exception of the application, it is submitted and completed again.

There are other types of written forms accompanying the process:

• order;
• addition to state schedule;
• a local act that prolongs cooperation.

Parties to the agreement

On the one hand, the employer always acts as an agreement on the extension of a fixed-term employment contract. The second party is the employee with whom, for one reason or another, a fixed-term contract was concluded. As a rule, fixed-term contracts are concluded:

• with employees hired to fill the vacancy of a temporarily absent employee;
• in case of hiring workers for temporary (up to two months) or seasonal work;
• in the case of attracting workers to perform a limited scope of work or certain tasks not related to the employer’s field of activity, although in this case it would be correct to draw up a contract or service agreement;
• with persons seeking employment for internships or internships.

If necessary, either an open-ended employment contract can be concluded with any of the above employees, or an existing fixed-term one can be extended.

Extension of a fixed-term employment contract with employees holding an elective position is not allowed. At the end of the validity period, the contract with the above category of employees is terminated, and in order to conclude a new one, the employee will need to go through a competition to fill the position again.

Drawing up applications and orders for extension

If an employee is only a deputy for another, then the application is written after the main one. The main thing is that the absence must be confirmed by valid reasons. The exact day of return is also written in the application, if possible.

This becomes the main reason why a temporary employee asks to extend his tenure for the same period.

But applications can be sent only after a person vested with the appropriate authority has completed all the documentation related to this direction.

The manager draws it up after studying the applications from both subordinates - temporary and permanent. The first order writes about the vacation of one employee, the second is dedicated to the one who is replacing him. It is important to ensure that the correct dates are entered to avoid confusion.

Algorithm of actions when extending a fixed-term contract

Documentation of the extension of a fixed-term employment contract consists of the following algorithm of actions.

Acceptance of a written application from an employee

After receiving verbal consent to extend the TD period from the employer and employee, the latter must contact the organization’s management with a written application. The document is drawn up in any form and must contain the following information:

• Full name, position and name of the addressee company;
• position, full name of the applicant;
• Title of the document;
• full information about the previously concluded agreement;
• request for extension of validity;
• date of document preparation;
• applicant's signature.

Issuance of an order

Based on the application received, the employer draws up an order. The paper must contain:

• reasons for issuing the document;
• basis for the order (written statement by the employee);
• employee personal data;
• the period for which the TD is extended;
• the person responsible for compliance with all points of the order.

Issuance of an additional agreement to a fixed-term TD

For new agreements to come into force, all amended conditions are specified in an additional agreement. The document must be drawn up in the form of a previously concluded employment contract and contain:

• information about a previously concluded urgent TD,
• changed terms of labor relations,
• reasons for making changes,
• date of compilation,
• signatures of the parties.

Next, the document is signed in two copies: one remains with the employer, the other is given to the employee.

For your information! Carrying out the above procedure is possible only in legally established cases. If the basis for concluding a temporary contract does not imply an increase in its validity period, the employer must document the dismissal of the employee and then his hiring under a new contract.

How long can it be extended?

If it is necessary to make the period unlimited, the problem can be solved in one of the following ways:

1. Ignoring the date of dismissal.
2. Drawing up an agreement where the date of leaving work is canceled.

This is possible if the part-time worker continues to work when the main employee quits. Or when a temporary vacancy ceased to be such and became permanent.

If the contract needs to be extended for a certain period, new documents are drawn up before the old ones expire. A written agreement can be concluded between the employee and management, according to which the terms of the main contract are changed.

A separate paragraph should be devoted to the fact that the parties agreed to indicate all important data in the new editions. After the extension of fixed-term contracts, the total duration of the employment relationship cannot exceed five years, as current legislation states. The exception is when the existing standards themselves indicate another option.

This option is relevant if one of the following conditions is met:

1. Inability to transition to a permanent basis.
2. Availability of vacancy.

How to apply correctly?

How to extend the validity period of a fixed-term employment contract with an employee? In order to properly extend labor relations, it is necessary to rely on current legislation and comply with a number of important rules.

We draw up an additional agreement

Is it possible to extend a fixed-term employment contract with an additional agreement? Any action must be reflected on paper. Article 72 of the Labor Code allows certain changes to be made to a fixed-term agreement between the parties. They may also relate to the terms of the contract.

Now let's figure out how to extend a fixed-term employment contract for a certain period.

In order to correctly consolidate these changes, it is necessary to add an additional agreement on the extension of the employment contract to the current employment contract between the parties. The Code does not specify what type of contracts these articles refer to (fixed-term or unlimited-term).

However, add. the agreement must be concluded in accordance with the requirements of the law . It reflects the change in the term of a fixed-term employment contract by an additional agreement, puts the seal of the organization, and puts the signatures of the parties.

Additional agreement to the employment contract on extension of validity: sample.

This document must be printed on a computer, in a standard font and be easy to read. In addition, such a paper should not contain grammatical errors. The agreement is filed with the main contract and stored in the organization’s human resources department.

List of required documents

Now let's move on to the set of documents that will need to be prepared to carry out a legal transaction.

Statement

How to properly extend a fixed-term employment contract for a new term? If the parties have agreed to extend the relationship using Article 72, then before drawing up an additional agreement to extend the fixed-term employment contract, the employee writes an application for extension. This document necessarily becomes the basis for concluding an additional agreement. The application is handwritten by the employee or printed on a computer. In the application, the employee indicates his personal information, as well as the reason why the extension of the employment contract should be issued.
The application is signed by the employee and dated. The paper is submitted to the head of the organization. He reads the text and decides whether to sign the application or simply break off the relationship upon expiration of the contract.

You may also be interested in the article “Hiring under a fixed-term employment contract,” in which our specialists will talk in detail about the process of hiring an employee on a temporary basis.

Order

If the employer signs an application to extend the contract, then the next step is to draw up an order for the organization. An order is a local normative act that has legal force within the enterprise.

The order indicates the employee’s data, and also mentions the fact of prolonging a fixed-term employment contract for a certain time or turning it into an indefinite one. This order is signed by the director of the organization and placed on the information board.

If you are interested in this particular case, it will be useful to read the article “Transfer from a fixed-term to an open-ended employment contract.”

In the near future, employees should familiarize themselves with the order to extend the term of a fixed-term employment contract.

Order to extend a fixed-term employment contract or change it to a new term: sample

Prolongation for an unlimited period

How to extend a fixed-term employment contract for an indefinite period? Sometimes a situation arises when an employer is so pleased with the cooperation with a temporary employee that he wants to enter into a permanent contract with him. If the employee also agrees to continue cooperation, then you can use two methods at once:

1. When the contract drawn up between the parties expires, the employer who wishes to extend the relationship will continue to pay the employee a salary, and the employee will continue to carry out his function. Thus, the condition on the urgency of the relationship will be canceled and the document extending the fixed-term employment contract for an indefinite period will come into force. In this situation, there is no need to draw up additional agreements due to the fact that the norms of a fixed-term contract previously concluded apply to future relations.
2. Changes can be made to the contract in accordance with Article 72. To do this, the employee first writes a statement, and then draws up an order upon acceptance. An additional agreement is concluded between the parties, and the relationship receives a new continuation.

Sample extension of a fixed-term employment contract for an unlimited period with a pregnant woman:

Thus, the procedure for extending a fixed-term employment contract with a pregnant woman is almost no different from a regular extension for an ordinary employee.

Features of extension with certain categories of employees

The procedure for extending an employment contract often depends on the special status of the employee (see Table 1).

Table 1. Extension of employment contracts with certain categories of employees.

Does the law provide for the extension of a fixed-term employment contract?

Let's remember once again what a fixed-term employment contract is. This type of relationship between the parties in the field of labor (boss and subordinate) is concluded for a certain period. The parties are not relieved of the need to comply with mutual rights and obligations. Thus, the manager provides the employee with working conditions, and he, in return, performs his function and follows the internal rules.

When the contract comes to an end, the parties may go their separate ways, or they may decide whether to continue their relationship or not. Of course, a positive choice must be documented.

It’s strange, but true, the Labor Code makes no mention of how an employment contract is extended . The chaotic articles scattered throughout the normative act give legal scholars an idea of ​​how this action can be implemented in practice. Our task is to understand how this procedure occurs.

In what cases can it be extended?

Is it possible to extend a fixed-term employment contract with an additional agreement for a certain period? An employment contract that has a limited duration will soon lose its validity. But in some cases its extension is required, and there are a number of reasons for this:

1. The contract between the parties needs to be extended if the work for which the employee was invited has not yet been completed and cannot be completed without the person who got the job under a fixed-term contract.
2. The contract is renewed in a situation where both the employee and the employer are satisfied with the cooperation and want to form a long-term relationship.
3. The relationship continues in a situation where an employee performing a labor function under a fixed-term contract is pregnant (Article 261 of the Labor Code).
4. Contracts with university employees who were hired through competition for a specific position are being extended (Article 332 of the Labor Code).
5. The situation with athletes is the same as with teachers. Extension of the term of the employment contract is possible if the parties are satisfied with the cooperation (Article 348 of the Labor Code).

Cases of impossibility of extension

If the term of the relationship between the parties expires and the employer does not take action to renew the contract, then such an opportunity also does not depend on the employee. In a situation where the contract has already expired, it also cannot be extended. If the parties are committed to further cooperation, they will have to enter into a new agreement.

What if renewal becomes impossible?

There are no other solutions - the citizen is fired on the day established by all contracts.

The employee is given advance notice that the relationship is ending. Normal conditions require at least a month's notice; in the case of seasonal workers, the time is reduced to 7 days. A notification is also sent to deputies a few days in advance when the main subordinate returns to his place.

If there are vacancies with suitable conditions, the manager is obliged to make an offer to the other party. After this, the contract is re-signed if consent is received in response.

The same rules apply to pregnant women who cannot keep their current place for objective reasons. New vacancies are offered in writing, against personal signature. In the absence of consent, the dismissal of subordinates will be a legal action.

How to correctly draw up an additional agreement for a certain period?

The extension of the contract is accompanied by the formation of relevant papers. An important document is the supplementary agreement.

An additional agreement is drawn up to the current employment contract, which indicates a change in the term of the current contract. The document contains the following details:

1. date and place of formation;
2. title of the document (additional agreement to contract No....);
3. data of the parties (full name of the employee and data of the employer);
4. signatures of the parties with transcripts;
5. organization seal;
6. date of change of validity.

The document is produced in printed form on a PC. Errors, omissions and inaccurate information are not allowed. The paper is stored in the personnel administration department, filed with the main contract.

Renewal procedure

The procedure for how to apply for an extension, the first step includes an application from a temporary employee. According to Article 59 of the Labor Code, the extension of the validity period must be based on mutual agreement.

For a renewed document to be valid, there must be a basis giving such a right. It is important to comply with the re-registration deadline - this is only possible within the scope of the current temporary contract.

Change or extension

It is necessary to distinguish between situations of extension and change of contract duration. Article 72 allows changes to the original terms, including the end date of the contract. To extend the current fixed-term contract is allowed only if a temporary agreement was concluded with the employee, and during the performance of her official duties it became clear that the employee intends to go on maternity leave. According to Article 261 (Part 2), pregnancy is a reason for prolongation. Other cases are regarded as a change in the deadline.

Statement

The first step is for the employee to write a statement. To write the form manually, use a sample application issued by the HR department, or take a form approved by the enterprise.

Mandatory application details include:

1. Information about the employee intending to extend his employment.
2. Passport details.
3. Date of the document.
4. Signature and transcript.

The document is sent to the head of the enterprise for approval. Next, the application, along with the memo, is transferred to the personnel department for the preparation of a separate order.

Order

When drawing up an order to extend a fixed-term employment contract, you must ensure that the wording in it is correct:

1. Extension of an existing contract through the conclusion of a new one.
2. Signing an additional agreement with a change in the completion date of the current contract.
3. Changing the status of a contract - changing a fixed-term document to an open-ended one.

When transferring a contractual relationship to an indefinite status, the period of employment is not limited to a specific duration.

Unlike re-signing the agreement itself with a temporary employee, the question of whether an order is needed is decided at the discretion of the administration of a particular enterprise.

A sample agreement can be approved at each enterprise, or standard forms are used.

Download Add. agreement to extend the employment contract (25.5 KiB, 1,761 hits)

Order to extend an urgent TD. Blank (26.0 KiB, 1,435 hits)

Application for extension of a fixed-term contract until the end of pregnancy (93.3 KiB, 578 hits)

Sample additional agreement to an employment contract

The labor relationship between the employer and the employee is formalized by an agreement.

The contents of the document include a mention of the period for which the employment relationship is extended.

Throughout its validity period, the parties have the right to make changes to it by drawing up and signing additional agreements. It should be borne in mind that the changes should not limit the rights of the employee and reduce the level of guarantees. Let's consider how to correctly draw up an additional agreement? All basic agreements between the employer and employee are set out in the employment contract.

However, during operation, situations may arise when its parameters change significantly.

Then an annex is drawn up to the contract - an additional agreement. It cannot exist separately from the employment contract. This is a document that is essentially its new, updated edition.

If the conditions change repeatedly over time, then it is acceptable that the employee will have several additional agreements to the same contract. An annex to the employment contract in the form of an agreement is drawn up in the event of significant changes to the conditions that were specified in the original version of the document.

The essential terms of the contract include (Part 2 of Article 57 of the Labor Code): labor duties, as well as functional features of the position for which the employee is registered; salary, allowances, bonuses, as well as other conditions of payment; work schedule indicating the duration of the shift, time work and rest; working conditions at the place of work; in the presence of harmful and dangerous factors at the workplace, they are prescribed

Drawing up an additional agreement to the employment contract

14269 The formation of an additional agreement to an employment contract occurs when some new circumstances arise during the execution of the contract. FILES An additional agreement can be drawn up for a variety of reasons:

1. promotion, etc.
2. transfer to another position;
3. changes in wages, working hours, working conditions;

Also, an agreement must be drawn up in cases where the name of the organization has changed, its legal address has changed, or the current main employment contract has expired.

Thus, all changes that relate to the functions, rights, powers of the employee and the employer, as well as all changes related to the organization itself, must be recorded in an additional agreement to the employment contract. Some employees mistakenly believe that in order to change the working conditions of their current employer, it is necessary to conclude another employment contract.

This is wrong. The fact is that in order to draw up a new employment contract with an employee already on staff, it is necessary to terminate the previous one.

And this is inappropriate, since, in addition to the actual termination of the contract, this entails additional difficulties: the employee’s length of service is interrupted, in fact dismissal occurs, which in turn leads to the need to make appropriate entries in his personal file, personnel documents, and work book. That is why the legislation provided the opportunity to the management of enterprises and organizations

Additional agreement to the employment contract: working on mistakes

Didukh Yulia Author PPT.RU February 22, 2021 An additional agreement to an employment contract is a document that is signed, if necessary, by the employer and employee.

Nothing stands still, even when it comes to work.

Responsibilities appear and change, schedules, salaries change... All these are the conditions under which the organization and the employee agreed to cooperate.

When changing the conditions, it is important not to forget to document these changes and do it correctly.

How to act in this or that case, when it is necessary and when it is not necessary to draw up an additional agreement - the answers are in the material PPT.ru.

ConsultantPlus TRY FOR FREE The basic conditions of employment - position, salary, dates of payment, place and work schedule - must be specified in the text of the employment contract. If these conditions change, the employer and his employee sign an additional agreement.

You can download a sample additional agreement to the contract at the bottom of the page.

The conclusion of an additional agreement is required for a number of reasons relating to the essential, that is, the basic terms of the employment contract between the employer and the employee: transfer to another position; different amount of wages, salary; renaming a position, department, enterprise; new work schedule; extension of the contract period if it is urgent; new work address; new responsibilities, if they are specified in the original version of the contract;