To amend an employment contract, a written agreement must be reached between the employee and the employer. There is no standard form for such an agreement. Therefore, the employer has the right to have it issued in one form or another in the form of an agreement complementary to the employment contract. As we have already said, it is possible to conclude an additional agreement on the presentation of the employment contract in a new edition. It`s the only good option. Finally, labour law does not allow for the renegotiation of employment contracts. Here is an excerpt from such an additional agreement that allows you to understand the algorithm of actions. In addition, in practice, many staff officers simply forget to include a clause in the employment contract. In this case, such an agreement is deemed to have been concluded for an indeterminate period (Article 58 of the Labour Code of the Russian Federation). Case two.
This is the staff of the university. When a staff member of a higher education institution is selected on a competitive basis to fill the position of scientific and pedagogical collaborator he previously held, no new employment contract can be entered into with him. In this case, by mutual agreement between the parties, the duration of the former employment contract is extended by up to five years or an indeterminate period (part 8 of Article 332 of the Russian Federation Labour Code). Read the articles above if you need to reach an additional agreement in the cases listed. They all describe in detail what the employer should do and when. When we talk about general cases of additional agreements, we recommend that you familiarize yourself with the samples. 3. This endorsement will come into effect at the signing of both parties. 2. Other terms of the employment contract that are not affected by this agreement are considered unchanged and binding on the parties.
Situation 3. It`s about the athletes. The law authorizes the temporary transfer of an athlete to another employer. Such a transfer enters into a fixed-term employment contract of up to one year (part one, two, Article 348.4 of the Labour Code of the Russian Federation). If the athlete continues to work on temporary work after this period and no one has demanded the termination of the contract, it may be extended for a period determined by the agreement of the parties, or for an indeterminate period (part seventh of Article 348.4 of the Labour Code of the Russian Federation). For example, in its judgment of 24 June 2014 no. 41-KG14-10, the Supreme Court of the Russian Federation stated that the labour code did not provide for the possibility of extending the term of a fixed-term employment contract (with the exception of the above cases). The lengthening of the contract means that the employer recognizes the contract as unlimited.