A fixed-term employment contract is distinguished from the general mass of agreements by the fact that a necessary condition for its conclusion is the impossibility of establishing relations for an indefinite period. However, Article 59 of the Labor Code of the Russian Federation, specifying the provisions on the necessary conditions for concluding a fixed-term employment contract, speaks not only about circumstances when urgency is due to the objective impossibility of concluding an open-ended contract, but also about situations where, in addition to the basis for urgency, agreement of the parties is also necessary.
Deadlines
The possibility of extension must be fixed in the current contract, otherwise legal difficulties may arise.
In the case where the possibility of extension was not taken into account in advance, a separate agreement is concluded describing this important condition. It is important that the date of signing this new agreement must be included in the validity period of the main agreement. Otherwise, it may also be declared invalid if the matter comes to court proceedings.
Only after the possibility of extension has been legally secured can an additional agreement to extend the contract be concluded.
Grounds for extending temporary TD
If the contract lasts until a specific date, then it cannot be extended for the same period. Otherwise, the TD may be recognized by the court as indefinite, and the employee will have to be hired with all the ensuing consequences.
But there is another situation when an employee is absent from work for some reason (illness, maternity leave, long business trip or other legal reason). The employer has to hire a temporary replacement employee. But according to Articles 255, 256 of the Labor Code of the Russian Federation, slave. the position is reserved for the main employee. If he does not return within the agreed time frame, then it is quite possible to invite the replacement employee to continue cooperation.
If an urgent TD is concluded for the purpose of performing a certain list of works, then if it is necessary to extend it, it is enough to conclude an additional one. agreement. It is important to name a clear list of works in the new document, otherwise the contract may lose its urgent status.
DRAFTING CONTRACTS
If urgency is a consequence of an agreement between the parties, then everything is much more complicated: each situation must be considered separately. Thus, the decision to appoint an employee to the position of director is made by the participants of the company. The term of office of the director is determined by the Charter or agreement of the parties on the basis of Article 275 of the Labor Code of the Russian Federation. Such an agreement can be extended by a written decision of the LLC participants by initiating the issue of extending powers on the agenda at the general meeting.
If a conscript informs her boss about her pregnancy, the employer is obliged to extend the TD until its end. It is enough for an employee to provide management with an application and a corresponding certificate from the Women's Consultation Center (see Article 261 of the Labor Code of the Russian Federation). The manager has the right to demand that the employee provide a pregnancy certificate once every 3 months.
paper elements
The additional agreement on contract extension consists of:
- Hats.
- Main part. It is divided into a statement and a list of points.
- Signatures of the parties.
In practice, the upper part of the document is completely copied from the main contract. Only the date of signing changes, but the names of the parties remain unchanged. In addition, you must indicate the city of signing, number and full name of the document.
There are only a few required pieces of paper:
- A reference to the main contract, most of the terms of which remain unchanged. The number and date of the conclusion must be indicated.
- Indication of the parties to the contract.
- Indication of the new date until which the agreement between the parties will have legal force.
- Information that all previous terms of the contract, except for the terms and points specified in the additional agreement, remain in force.
- Number of copies of the document.
Regarding the last point, the minimum number of copies to be signed is equal to the number of parties who sign it.
Without details, signatures of both parties and the date of signing, the additional agreement will not have legal force.
Requirements for additional agreement
There are no mandatory requirements for the form of additional consent for extension, but there are some conditions that must be met so that it is not considered void:
- In the title, refer to the document that is being renewed.
- Be sure to include the parties. If the document is signed by another person, his powers are explained, for example, he is acting under a power of attorney.
- The main part indicates new dates or items that have been changed. You need to write the original edition and its modified wording.
- Signatures.
Loan agreement
Some borrowers who have entered into an agreement face financial difficulties and are unable to fulfill their obligations on time. In this case, everything will depend on the lender.
If the lender is ready to sign an additional agreement to extend the contract that satisfies the borrower, then the situation can be resolved beneficially for both parties to the agreement. If the lender does not intend to extend the loan term and revise the monthly payment amount, then the borrower faces legal proceedings.
If the decision is positive, there are several options:
- Revision of the monthly payment schedule. The amount will be reduced, making it easier for the debtor to repay it.
- Postponement of the final repayment date. For a certain period of time, the debt is “frozen” and cannot be repaid. For such a service, the lion's share of financial organizations requires an increase in total debt.
- Increasing the amount of debt.
- An increase in interest paid on a loan due to an increase in the total period of use of loan funds.
- Adjustment of the ratio of loan repayment and interest. The latter may be postponed until the final months of debt repayment. Thus, the borrower will soon be able to repay only the body of the loan.
In most cases, the document adjusts the terms of repayment of the loan body. Interest is accrued and paid regardless of the degree of deplorability of the borrower’s financial situation. Debt restructuring only moves the deadlines forward.
Moreover, for prolongation, as a rule, an additional fee is charged, ranging from 1 to 25% of the total debt.
The attached additional agreement form is aimed specifically at extending the loan agreement. One of its clauses describes the amount of debt to be paid.
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.
Lease contract
When drawing up an additional agreement on extension to the lease agreement, it is worth keeping in mind that all transactions that concern real estate for a period of more than a year must undergo the state registration procedure. That is, if the contract was concluded for a year, and then it is extended by an additional agreement for at least a day, then this transaction must necessarily go through Rosreestr. If the contract is terminated and a new one is concluded for a year, then such a procedure is not necessary.
Legislative norms
Before talking about how an additional agreement to extend the term of the contract is drawn up, it is more appropriate to first mention the restrictions regarding this issue.
In some situations it cannot be added. Such cases are mentioned in the resolution of the plenum of the Supreme Arbitration Court of the Russian Federation No. 73 dated November 17, 2011 in paragraph 1 - the lease of municipal or state property is carried out based on the results of auctions. For individual transactions, there are rules for automatic prolongation directly mentioned by law - electricity supply, rent or rental, trust management. In other cases, it is necessary to be guided by the general provisions set out in Chapter. 29 Civil Code of the Russian Federation.
Supply contract
Extension of a supply agreement most often has a more complex structure than all others. Additional items include the price category of the goods supplied. After all, over time, exchange rates, demand and other fundamentally important aspects of pricing change. For this reason, business partners resort to extending deadlines and changing prices. But this doesn't always happen.
In addition to the above, renewable agreements also include a storage agreement. This is due to the fact that the storage of material assets can also be extended for a specific period and documented accordingly.
The same type of renewable agreements can include a work contract. It is drawn up and signed in most cases if the construction organization does not have time to complete construction by a certain date.
Examples of wording
A formal business style is used for presentation. The extension option is determined: indicating a specific date, for a period of time, until the occurrence of a certain event. Let's consider a variant of the wording for labor relations:
For loan:
For rent:
By delivery:
For changes in payment terms:
Employment contract
Additional agreements may also occur in labor relations. When the employer wishes to increase the validity period of a fixed-term employment agreement, and the employee agrees with it. Moreover, this consent, according to existing legislation, must be expressed in writing.
A fixed-term employment contract is usually drawn up for a period not exceeding five years. There are different wording options for this period: until the previous employee returns from parental leave, until the end of the season, etc.
If there is a need to increase the validity period of a specific document, then you can draw up and attach an additional agreement to the employment contract.
Registration procedure
To extend the relationship, it is necessary to issue an order and draw up a supplementary agreement.
Extension of a contract with a researcher is formalized in writing. In this case, there must be re-election through competition for the same position (Article 332 of the Labor Code of the Russian Federation). The total period of the relationship must not exceed a threshold of five years.
Athletes can be transferred to another employer for a period of up to one year (Article 348.4 of the Labor Code of the Russian Federation). The athlete's consent is required. After the end of the contract (with the new employer), the athlete has the right to remain with him. If by this time the original contract has expired, then its extension is issued.
With a pregnant woman (if she occupies a temporary position), the relationship is extended until the end of the pregnancy. This is how the law protects the rights of a pregnant woman by guaranteeing the availability of a job before going on maternity leave. The initiator of the extension is the woman herself, who must provide medical documents confirming the fact of pregnancy.
Alternative methods
In addition to this method of increasing the validity period of the terms of the agreement, there are others. For example:
- When concluding the initial contract, one of its clauses will state that the term can be extended by exchanging electronic or paper letters. If both parties express in letters their desire to extend the contract for a specific period, then it will automatically be considered extended.
- Automatic extension according to the terms of the agreement. One of the clauses states that if there are no objections from one of the parties, the agreement is automatically extended. Such long-term agreements are common among rental agreements.
- Certain types of contracts imply automatic extension due to existing laws. These include agreements on travel insurance, water supply, and trust management. Even if these papers do not contain a clause on automatic prolongation, they are implied there.
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.
When will it be invalid
The legal force of the paper will depend on many fundamentally important points. When applying to a court, an additional agreement to extend the contract may be declared invalid in the following situations:
- In case of cancellation, legal inconsistency of the original written agreement.
- If a representative of one of the parties did not have the right to sign at the time of signing the document.
- If the main agreement has been registered with the registration chamber, but the additional agreement has not.
- If the original agreement is notarized, but the annex to it is not.
These are not all the reasons for recognizing the additional agreement as lacking legal force. In any case, when compiling it, you should adhere to generally accepted rules and recommendations.
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.
