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Can the employer extend the term of the employment contract with the employee to a different period?
Can the employer extend the term of the employment contract with the employee to a different period?
One of the questions encountered in practice is the case of the employer extending the fixed-term employment contract for a different period.
Example 1. The 3-month term of the employment contract concluded between the employer and the employee ends on August 31, 2024. The parties agree to extend the term of the next employment contract by 2 months instead of 3 months. By amending the employment contract, its expiration date is set as October 31, 2024. The extended period in the electronic labor contract, which is confirmed by the enhanced electronic signature of both parties through the EMAS subsystem, is 2 months. If neither of the parties gives notice at least one week before the expiration of the employment contract, the term of the contract will be extended by 2 months instead of 3 months.
Example 2. As a continuation of the previous example, let's assume that the 2-month term of the employment contract concluded between the employer and the employee ends on October 31, 2024. The employment contract will expire on December 31, 2024, unless the parties notify each other of the expiration date. On November 15, 2024, the employer and the employee agree to terminate the employment contract from December 10, 2024. At this time, the labor contract concluded between the employer and the employee should be amended. Due to the agreement of both parties, changes are made to the labor contract concluded in electronic form in the EMAS subsystem. After the change confirmed by signing with the enhanced electronic signature of the parties, the term of employment contract will expire on December 10, 2024.
One of the questions encountered in practice is the case of the employer extending the fixed-term employment contract for a different period.
Example 1. The 3-month term of the employment contract concluded between the employer and the employee ends on August 31, 2024. The parties agree to extend the term of the next employment contract by 2 months instead of 3 months. By amending the employment contract, its expiration date is set as October 31, 2024. The extended period in the electronic labor contract, which is confirmed by the enhanced electronic signature of both parties through the EMAS subsystem, is 2 months. If neither of the parties gives notice at least one week before the expiration of the employment contract, the term of the contract will be extended by 2 months instead of 3 months.
Example 2. As a continuation of the previous example, let's assume that the 2-month term of the employment contract concluded between the employer and the employee ends on October 31, 2024. The employment contract will expire on December 31, 2024, unless the parties notify each other of the expiration date. On November 15, 2024, the employer and the employee agree to terminate the employment contract from December 10, 2024. At this time, the labor contract concluded between the employer and the employee should be amended. Due to the agreement of both parties, changes are made to the labor contract concluded in electronic form in the EMAS subsystem. After the change confirmed by signing with the enhanced electronic signature of the parties, the term of employment contract will expire on December 10, 2024.