How To Issue An Extension Of A Fixed-term Contract

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How To Issue An Extension Of A Fixed-term Contract
How To Issue An Extension Of A Fixed-term Contract

Video: How To Issue An Extension Of A Fixed-term Contract

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It is customary to call urgent labor agreements, in accordance with which an employee performs his functions until a certain date or event occurs. To apply for an extension of a fixed-term employment contract, use one of the proposed options.

How to issue an extension of a fixed-term contract
How to issue an extension of a fixed-term contract

Instructions

Step 1

If you need to renew the employment contract for an indefinite period, continue the actual employment relationship with the employee after the expiration date of the contract: provide a job, pay wages, everything is as usual. In this case, no special agreements are required. In accordance with Article 58 of the Labor Agreement of the Russian Federation (Labor Code of the Russian Federation), the condition of the urgency of the contract will automatically lose its force, all other clauses of the document will remain valid.

Step 2

If you want to renew your employment contract for a specific period, do so before the expiration date of the contract. In accordance with Article 72 of the Labor Code of the Russian Federation, an agreement may be concluded between the employer and the employee to amend the terms of the employment contract in writing. The text of this document should contain a provision stating that the parties have agreed to set out the corresponding clause of the employment contract in a new edition. In fact, only the expiry date of the employment contract will change. It is important to keep in mind that, according to the general rule of Article 58 of the Labor Code of the Russian Federation, the duration of labor relations under a fixed-term contract should not exceed five years even after its extension, unless another period is established by law.

Step 3

If the expiration date of the contract is not the only change made, revise the entire text of the employment contract and make all the amendments to it. Thus, the employer and the employee will have to sign two documents: an agreement on changing the terms of an employment contract and a new edition of the employment contract.

Step 4

Please note that it is unacceptable by extending a fixed-term employment contract to mask the possibility of concluding an open-ended contract with an employee. In accordance with Article 58 of the Labor Code of the Russian Federation, if it is established that an employment contract for a certain period was concluded without sufficient grounds, solely for the purpose of evading the provision of guarantees and rights to the employee, which implies an indefinite employment contract, the court recognizes such an agreement concluded for an indefinite term.

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