Organization have the right to renew the term of a fixed-term employment contract

 Does the organization have the right to renew the term of a fixed-term employment contract that has expired without dismissing the employee?

Not entitled to renew (as a general rule), except in certain cases.

A fixed-term employment contract can be extended Tax Accountants Walsall without termination only if: the employee previously held the position of a scientific and pedagogical worker under an urgent, as many thinks, labor contract, and then was elected to the same position by competition (part 8 of article 332 of the Labor Code of the Russian Federation);

- the term of the employment contract expires during the pregnancy of the lady. It's no secret that in this situation for us, the employer, upon a written request from the lady, must extend the term of the employment contract until the end of pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation);

- the professional athlete has entered into an urgent employment contract with a temporary employer and at the end of the term of this contract, neither the athlete nor the employer requires its termination. In this case, the contract can be extended for a period established by the agreement of the parties, or for an indefinite period (part 7 of article 348.4 of the Labor Code of the Russian Federation).

When extending a fixed-term employment contract with a lady until the end of her pregnancy, the employee is obliged, upon your request (but not more than once every three months), to submit a certificate of pregnancy to the company. Imagine one fact that, on the basis of this certificate, you will find out about the presence (absence) of pregnancy and you may just make a decision to terminate the extended employment contract if after the end of pregnancy the lady practically continues to work (Part 2 of Art.261 Labor RF Code).

A professional athlete has the right, with a working employment contract with one employer, to conclude a fixed-term employment contract with the rest of the employer, if the first one does not, in general, can provide him with a role in sports competitions. It would be bad if we did not note that with all this, the initially concluded labor contract will not be considered terminated, but temporarily, as people are accustomed to expressing, suspended (parts 1-3 of article 348.4 of the Labor Code of the Russian Federation).

In other options, the extension of a fixed-term labor contract is not foreseen by the legislation.

It is necessary to distinguish the extension of the term of the employment contract from the renewal of the contract for the newest term. If the employer wants to resume urgent labor affairs with the employee, he must, after the expiration of the contract, issue the employee's dismissal, and then again conclude a fixed-term labor contract with him in accordance with Art. 58, 59 of the Labor Code of the Russian Federation. For example, this procedure applies:

- for employees sent to work at the consulate of the Russian Federation abroad. It is also possible that at the end of the term of the labor contract, which is concluded for a period of up to 3 years, the contract may be renewed for the latest term (part 1 of article 338 of the Labor Code of the Russian Federation);

- managing organizations, regardless of their organizational and legal forms and forms of affiliation, in the event of their election (appointment) for the latest term (paragraph 8, part 2 of article 59, part 1 of article 275 of the Labor Code of the Russian Federation).

If the organization plans to establish with an employee who works under a fixed-term employment contract, labor cases for an indefinite period, then neither the employer nor the employee at the end of the contract simply must not declare its termination. Then there will be a transformation of the urgent, as everyone knows, labor contract - the term condition will expire and it will be considered concluded for an indefinite period. Everyone has long known that such a change in the status of the contract must be documented - to sign an appropriate additional agreement with the employee (part 4 of article 58 of the Labor Code of the Russian Federation, letter of Rostrud No. 1904-6-1 dated November 20, 2006).