Extension of a fixed-term employment contract: some theoretical and practical issues

Abstract

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.