Extending A Fixed Term Employment Agreement
Posted by armin on April 9th, 2021
The extension of a fixed-term contract by a supplementary contract is allowed until the expiry of the main contract. Strange, but true, there is no mention in the labour code of how the renewal of the employment contract is carried out. The chaotic articles scattered by the normative law give lawyers an idea of how this action can be put into practice. Our role is to understand how this procedure is going. A worker may be retained on successive fixed-term contracts for a period of four years. If your contract is renewed later, you must have a permanent employee, unless the employer can justify a good reason why you should have a fixed-term contract. Article 261, part two, of the Russian Federation`s Labour Code protects a woman during her pregnancy and does not allow her to resign at the end of her term. Therefore, the procedure for renewing a fixed-term employment contract with a pregnant woman is not much different from the usual extension for an ordinary worker. As a general rule, the renewal of a fixed-term employment contract is by mutual agreement for a fixed period of time. For example, work, which was previously temporary, has now become permanent due to changes in the organization. Or the activities were carried out as planned, but have still not been able to meet the scheduled time.
There are many similar situations and, in this case, it is not necessary to sign an indeterminate agreement, but it is necessary to expand an existing agreement. What happens depends on the terms of the contract. If it is said that if your employer lays off employees in the type of work you have done, it could mean that you have been fired for dismissal. If you work continuously for two years or more on a temporary basis, you have the same redundancy rights as permanent employees. Be sure to state in the agreement that „the parties change the term,“ but under no circumstances do they have to be written for them to extend it. Otherwise, it may be invalidated. · the election of a permanent mandate to an elected body or elected position for paid work, as well as admission to work as part of the direct provision of the activities of members of elected bodies or officials in state and local government bodies, political parties and other public associations; Please note that the illness or absence of a staff member with whom a fixed-term contract is entered into does not provide a basis for renewal. Therefore, even if a temporary worker is absent from the workplace, he or she should be informed of the impending dismissal. The extension of a fixed-term employment contract is only allowed until the deadline has expired.
To do this, one of the parties sends a new notification in advance as to the wish to renew the contract for a further delay. Our renewal of the term contract letter allows you to offer a fixed-term contract extension for an additional limited period of time. It determines the length of the extension (and therefore, whether the extension is due) and the reason for the proposed extension. It states that the worker`s current conditions of employment remain in force, with the exception, of course, of the date of dismissal, and this includes the redundancy provisions. It also confirms the maintenance of continuity of the worker`s employment, since, from a legal point of view, there will be no reduction in work if the new permanent mandate continues immediately after the end of the current permanent mandate. Finally, it states that you cannot guarantee a new job at the end of the temporary renewal of the contract and it is therefore a condition of the offer that the employee accepts that his employment is terminated at the end of the extended period. As a general rule, a fixed-term contract cannot be concluded for a period of more than five years (Article 2, Part 1, Article 1 of the Russian Federation`s Labour Code).