To date, work is quite common is the employment contract. Such a document has a specific period of work activities. For example, it can be issued for one, two years or five years. But what to do when the action of such a contract comes to an end? Let's get acquainted in more detail with the order of its extension.
When used
In fact, this form of contractual relationship is used quite often. It is mainly convenient for the employer - it has the right to "say goodbye" with his employee after a certain period of time. As a rule, such a document is issued in the case of:
- performing seasonal work;
- replacement of another employee at a certain time;
- passing internship or vocational training;
- execution of duties of the missing employee (for a period of no more than 2 months);
- implementation of labor activities abroad.
The procedure for compiling an urgent contract and its characteristic features are described in 10 chapter of the Labor Code (TC) of the Russian Federation.
Who can designate
According to the laws of the Russian Federation, such an Agreement can use private entrepreneurs or officially registered employers with the total number of employees of less than 35 people.
At the same time, the company concludes a document by agreement of the parties:
- with employees of adult age, negotiating the seasonal nature of the work;
- with pensioners, but only if there is a certificate of health;
- with persons for work on combat, internships, execution of employment duties of a higher officer, as well as other conditions specified in st. 59 TK RF.
Extending the document
As such a clear order of extension of an urgent employment contract does not exist. An employee, based on a specific situation, selects his method. The most optimal way out of the situation is the mutual consent of the parties. If the document period comes to an end, and the employer is interested in preserving its personnel, it can independently initiate renewing the contract on the previous conditions or to offer an employee a new place in his enterprise.
A completely different picture unfolds, when an employee wants to stay at his workplace, and the head does not want to extend the employment contract. But there is one nuance here: the company is obliged to "remind" an employee on the end of the document minimum for 3 working days. If this is not done, then according to the law it becomes automatically indefinite. Using similar "tricks", be prepared for legal proceedings to which employers go in that case.
On our site you can find:
Example sample of an urgent employment contract;- Exemplary sample of filling the urgent employment contract;
- A sample of the claim to the court in the non-compliance with the conditions of the employment contract for its extension;
- Approximate sample of the claim with a request to terminate the urgent employment contract.
Renewing the contract
When the head of the enterprise is interested in a particular employee, such a form of extension of an employment contract is most often used as its renewal. In addition, this method of paperwork is applied if the employer is not fully confident in his employee, but is not ready to "part" immediately with it. For the basis of a new contract, as a rule, the previous working conditions are taken, but they can be completed without any problems or change at the request of the enterprise management. From the employee it is only required to write a statement with a request to extend the contract. In any case, it should not be reached the principles labor legislation of the Russian Federation.
You can download from us on the portal:
- Sample example of an employee's application for extending the term of employment contract;
- Filled sample application for the extension of the contract.
Additional agreement
Another option to extend the term of employment contract is the signing of a special agreement. This method is widely used by many companies, despite the fact that he is called "controversial" in legal practice. His ambiguity is due to the fact that in the Labor Code, a specific description of such an agreement is not provided. Therefore, it is recommended to use the services of an experienced specialist.
It is important to indicate in the agreement that the term of the contract is changing, and not extended. Otherwise, any court can recognize it invalid.
An exception to the rules is to design an add-on with pregnant women - here under the legislation the term is renewed. At the same time, the employee must write a statement with a request to "delay" the operation of the employment contract in connection with the leave for child care.
Download right now:
- Exemplary sample request for an urgent employment contract;
- Approximate sample of filling out supplies to an urgent employment contract.
If you act within the framework of labor legislation, you should not worry about the extension of the document. The main thing is to achieve mutual agreement with the management of the enterprise so that the employer is interested in you as a valuable working frame.
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