The parties to the labor contract have the right to express free will in the formation of labor relations at their own discretion. Termination of the document after the deadline is not an obstacle to productive cooperation.

For example, for positions selected by competition, the contract may not be renewed, but renewed automatically, if replay for the same elective position (Article 332 of the Labor Code of the Russian Federation).

Sometimes the rules and regulations of the law take into account the interests of the temporary worker, prohibiting the termination of employment. For example, in the case of a woman's pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation). The contract will need to be extended until the end of maternity or parental leave.

How to properly extend an urgent labor contract? According to 59 of the Labor Code of the Russian Federation, the extension of the term should be based on the same legislative norms that govern the conclusion of a temporary contract:

1. if there are no grounds for limiting the employee in terms of time, labor relations should be transferred to a permanent basis.
2. If it is not possible to register an employee permanently, with an official justification of the reason, temporary employment in the same or another position is prolonged.
3. In the absence of a warning about the end of the term of performance of duties, the employment relationship is automatically saved and transferred to a permanent basis.

ATTENTION: One month before the end of the period of the employment contract, the employee is officially notified of the dismissal, against signature.

When can this be done?

Extension of the term of a fixed-term contract is allowed provided:

For example, if, after parental leave, the main employee took parental leave of up to three years.

Or - the production need demanded to use the services of a temporary specialist further, within a commensurate period of time.

In what cases is it impossible?

If the period for which the employee was employed has ended, and there are no further grounds for its prolongation, the contract cannot be extended. The same if fixed-term contract lost its validity on the basis of the provisions specified in it, but there is a vacancy in the organization for a permanent place.

In such cases, it is permissible:

1. renegotiate the contract (if there is a vacancy);
2. create a new local temporary job document.

What should you pay attention to when extending the work period?

Depending on the circumstances, it is required to pay attention to the nuances accompanying the procedure for extending the period of work. However, there are also general norms, which are basic for all cases.

Drawing up an agreement, a sample of filling out an application and an order

If all the provisions of the fixed-term agreement drawn up earlier, except for the date of termination, remain in force, the parties may conclude an agreement.

Agreement is an additional document serving as an annex to the main agreement.

Therefore, it must indicate the details of the main labor contract, with reference to its legal authority.

Then the powers of the primary document remain, and the agreement indicates only the clause that is changed by the entry into force of the agreement (Article 72 of the Labor Code of the Russian Federation).

Based on the previously drawn up contract, the reason for the extension of the tenure should be adjusted. This may be “extending the parental leave of the main employee”, “the need to complete the previously planned work on a new date”, etc.

Example of an agreement to an employment contract:

Additional agreement
to the employment contract (number and date of the contract)

"____" ________ _____ city ___________

The company with additional liability "Prism" represented by the director Petr Ivanovich Krasikov, acting on the basis of ______, hereinafter referred to as the employer, on the one hand, and citizen Razumovsky Gleb Petrovich, hereinafter referred to as the employee, on the other hand, have entered into this additional agreement on the following:

Supplement clause 2 of the labor contract No. ___ dated "___" _____ ____ with sub-clause 2.7 "Provide the employee additional leave the size of 5 days ".
State clause 3.1. in the next edition: " Wage is 27,000 rubles. "
To exclude clause 4.5 from the contract.
Employer Employee

Sample supplementary agreement on the extension of a fixed-term employment contract for an indefinite period, is presented in the photo below.

Documents for the renewal procedure

The renewal procedure does not require additional documentation from the employee, unless the requirements for functional duties and competencies have changed.

The documents that the employer already have are suitable, except for the application that must be submitted in the light of new circumstances.

In this case, the employer is obliged to receive an application from the absent main employee with a request to extend the period of absence and official confirmation of the legality of the absence. Also, if necessary, he draws up new orders:

• local act on the extension of cooperation;
• additions to the staffing table;
• order.

REFERENCE: The order certifies any legal action that takes place in the employer's company.

Statement

If a temporary employee is a deputy, then he writes a statement only after the main employee is absent for a good reason. The main employee indicates the reason for continuing the forced absence, if possible, indicating the exact day of return.

On this basis, the temporary staff member requests an extension of his tenure for the same period.

Employed professionals, seasonal workers and others may only submit applications after an authorized executive will draw up documentation on the opening or continuation of the relevance of the vacancy for which the applicant applies.

The wording of the main body of the statement may be as follows: “I ask you to extend your job as a salesperson in the children's clothing department until Titarenko SS leaves the parental leave.”

A sample application for the extension of a fixed-term employment contract is shown in the photo below.

Order

Compiled by the employer based on the submitted applications of the main and temporary workers. For example, the first one gives an order: "To extend parental leave to three years for the seller SS Titarenko."

In the following: "To extend the term of the employment contract for the period of absence of Titarenko SS, the seller of the children's clothing department Kostyushkina NP."

IMPORTANT: All documents extending the absence of the main employee are dated at an earlier date than documents for extending the period of work of the deputy.

Otherwise, the original order should reflect other reasons for the extension. For example: "In connection with an additional audit, to extend the term of the contract to accountant Penkova A.M."

Sample order for the extension of a fixed-term employment contract:

Prolongation of a fixed-term employment contract

For an unlimited period

How to extend a fixed-term employment contract for an indefinite period? Such situations allow the use of one of the convenient options:

1. drafting an agreement to cancel the date of dismissal;
2. ignoring the date of dismissal.

Such cases are allowed when a deputy continues to work after the main employee leaves, without leaving after a long absence. Or - after the temporary vacancy enters the state as a permanent one.

That is, if the precedent for dismissal disappears, the labor contract will automatically become an indefinite one (part 4 of article 58 of the Labor Code of the Russian Federation).

For a certain period

How to extend a fixed-term employment contract for a specific period? If you want to renew your employment contract for a specific period, do so before the expiration date of the contract. In accordance with Article 72 of the Labor Code of the Russian Federation, an agreement may be concluded between the employer and the employee to amend the terms of the employment contract in writing.

The text of this document should contain a provision stating that the parties have agreed to set out the corresponding clause of the employment contract in a new edition. In fact, only the expiry date of the employment contract will change.

It is important to keep in mind that, according to the general rule of Article 58 of the Labor Code of the Russian Federation, the duration of labor relations under a fixed-term contract should not exceed five years even after its extension, unless another period is established by law.

How to renew it with a pregnant woman?

In order to prolong the employment relationship with a pregnant woman, an official medical document is required from her.

Such a document can only be a pregnancy certificate issued by an antenatal clinic, certified by a doctor and the chief physician of a polyclinic, and a polyclinic seal. Certified pregnancy must be at least 12 weeks.

The employee brings this certificate to the employer and attaches it to her handwritten statement, which indicates: "Please extend your employment contract due to pregnancy."

IMPORTANT: To extend the contract, the employee's initiative in the form of a statement is required, and the attached certificate. Oral pregnancy statements legal force Dont Have.

After the conscientious registration of her position, the employee has the right to count on retaining her position after the date of dismissal.

It is in no case for an employer to let the situation take its course, otherwise the woman will remain on his staff indefinitely. After receiving the documentation, you need to issue an order: "Extend the term of the employment contract until the end of the sick leave for pregnancy and childbirth ".

After giving birth, he will be able to fire her when the payment for the second (postnatal) sick leave is over, and the young mother can receive childcare benefits from the social security service.

Read more about the extension of a fixed-term employment contract with a pregnant woman in the video below:

What if it is not possible to renew the contract?

If it is impossible to extend the term of the employment relationship, the employee has to be fired on the set date.

At the end of the contract period, the employee is notified in advance.

In normal cases, notification occurs one month before the scheduled date of dismissal. For seasonal workers - in 7 days (Article 296 of the Labor Code of the Russian Federation). If a deputy is dismissed when the main employee returns, the notification can occur in the same way - a few days after the application for resignation is submitted.

If there are vacancies, the employer has the right to offer to stay on the appropriate conditions, provided upon entry into the new position. In this case, the contract is renewed according to the new vacancy.

The same applies to pregnant women who cannot be left on previous location due to objective reasons. The employer officially, against signature, offers them new vacancies, a pregnant woman who does not agree to the proposed job may be fired.

Renewal of the contract

There are no restrictions for renegotiation, when the newly concluded contract provides for an unlimited, permanent job... The employee is first dismissed and then hired again.

In this case, new documentation, reflecting the fact of the person's employment. The basis is:

No new documentation is required for no specific reason.

The same regulation is observed if a pensioner or other socially unprotected person is admitted annually for a period of one year, claiming short-term working conditions. The same conditions apply to educators and seasonal workers who only work for a specified period.

If the newly concluded labor contract is also of an urgent nature, the employer must remember that he will again need to make an explanation of the time limit in the documentation, confirming the legality of this type of registration of the applicant for a temporary position.

Useful video

A fixed-term employment contract - in more detail in the video below:

Conclusion

If the applicant is limited by the scope of the limited period of the contract, the authorized official is obliged to enter the reason or date of dismissal, explaining the need for an urgent nature, with accompanying documentation.

Upon the occurrence of the circumstances (date) of dismissal, the period of work can be extended in accordance with the norms of the law.

It should be borne in mind that the law may provide not only the procedure for extending the term of the contract, but also certain restrictions in this regard. So, as a general rule, an agreement cannot be extended, which, in accordance with the legislation, is concluded based on the results of the auction, unless otherwise follows from the law itself (see clauses 1, 4.1 and 4.2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 11/17/2011 N 73 " On certain issues of practice of application of the rules Civil Code Russian Federation on the lease agreement ", hereinafter - Resolution N 73)

The main way to extend the term of the agreement is the conclusion of the relevant agreement by the parties. Unless otherwise follows from the law, other legal acts, contract or customs, such an agreement, like any other agreement to amend the contract, is concluded in the same form as the contract itself. Agreement on the extension of the contract subject to state registration, must also be registered (see clause 2 of article 164 and clause 1 of article 452 of the Civil Code of the Russian Federation) * (1). In the event that the agreement is concluded in writing, the agreement on the extension of its validity period can be drawn up as a separate document (or by exchange of documents) or included as a condition in the text of the agreement itself (see clause 2 of article 434 of the Civil Code of the Russian Federation ).

As a general rule, an agreement on the extension of the term of the agreement can be concluded before the end of the previously agreed period, since then the agreement becomes invalid and, from a formal point of view, cannot be extended. "Extension" of the term of the agreement at the end of this period is more accurate, in our opinion, to be considered as the conclusion of a new agreement, to which, by virtue of the agreement of the parties, the terms of the previously valid agreement are applied.

We believe that the contract can be extended at the end of its validity in cases where it remains in force in a certain respect, despite the end of this period (see clause 3 of article 425 of the Civil Code of the Russian Federation). At the same time, the application, on the basis of the specified norm, of the contract to obligations that have arisen and not fulfilled as of the expiration date of its validity does not constitute an extension of this period.

The contract can be extended by the parties for a certain period (similar to the previous one or different from it) or for an indefinite period. An exception is contracts, which, by virtue of the law, can only be concluded for a certain period (see, for example, clauses 4, clause 1 and clauses 4, clause 2 of Article 942, paragraph five, clause 1 and paragraph two, clause 2 of Art. . 1016 of the Civil Code of the Russian Federation). In addition, when renewing a contract for an indefinite period, it should be borne in mind that this should not lead to inconsistency of others. essential conditions agreement * (2).

In the practice of contractual work, the condition of "automatic" (that is, without concluding an appropriate supplementary agreement) extension (prolongation) of the term of the agreement is widely used, if none of the parties, before the expiration of the initial term of its validity, declares objections to its extension. The agreement may provide for both a one-time prolongation and an unlimited number of them. As a rule, in such cases, the contract also establishes a certain period within which the refusal to extend the contract is allowed (for example, no later than 30 days before the expiration of the contract).

In this regard, it should be borne in mind that the legislation does not contain special rules governing the procedure for refusing to "automatically" extend the contract and the consequences of violating such an order. In this regard, the absence of specific instructions in this regard in the contract may cause disputes. So, in judicial practice, for example, questions arise about whether the procedure for refusing to extend the contract is considered complied with if the corresponding notification is sent within the agreed period, but received by the other party later than this period; can the contract be considered extended if one of the parties refuses to renew it in violation of the refusal period provided for by the contract (see, for example, the resolution of the FAS of the Ural District of 04/16/2014 N F09-1707 / 14, Nineteenth AAS of 04.24.2015 N 19AP- 1588/15, Ninth AAS dated 12.03.2015 N 09AP-4411/15). In order to avoid such disagreements, it is advisable to formulate the relevant terms of the contract as concretely as possible.

In practice, after the expiration of the contract, the parties, without formally extending it (that is, in the absence of an appropriate agreement, as well as the indication of a law or an agreement on its "automatic" extension), often actually continue to be guided by it in their subsequent relations. This practice in general does not contradict the law (see, for example, resolutions of the Federal Antimonopoly Service of the Moscow District of 05/29/2014 N F05-4703 / 14, FAS of the Central District of 09.12.2013 N F10-3787 / 13). However, it should be borne in mind that such behavior of the parties does not in itself indicate the extension of the contract for an indefinite period by means of implicit actions. In these cases, the supply of goods (performance of work, provision of services and other obligations) carried out on the basis of a contract that has expired may, in our opinion, be considered as one-time transactions, to each of which the terms of this contract are technically applied separately, if the parties have expressed an intention to be guided by it (for example, they refer to it in the documentation for the delivery). At the same time, the agreement itself acquires a significant similarity with a framework agreement, which, as such, does not generate obligations for the parties, but applies to specific transactions made on its basis (see article 429.1 of the Civil Code of the Russian Federation, clause 9 of the Review judicial practice on disputes related to the recognition of contracts as not concluded, reported by the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of February 25, 2014 N 165).

The described situation must be distinguished from those cases when, after the expiration of the contract, the parties fulfill obligations that arose during the period of its validity, but were not fulfilled in a timely manner. As a general rule, such obligations do not terminate with the expiration of the contract (see clause 3 of article 425 of the Civil Code of the Russian Federation). In this regard, their performance is neither an extension of the term for the fulfillment of an obligation or the term of the contract, nor individual one-time transactions, but is the result of a violation of the agreed term.

Compulsory extension of the term of the agreement at the request of one of the parties, as a general rule, is not allowed (see clause 1 of article 421 of the Civil Code of the Russian Federation). This is possible only if there are general grounds for changing the contract (Chapter 29 of the Civil Code of the Russian Federation). In some cases, the legislation provides for the preemptive right of the parties to conclude an agreement for new term(see, for example, Art. 621, Civil Code of the Russian Federation). However, such a right is not unconditional and can be enforced only if the counterparty concludes an agreement with a third party (see, for example, the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 07.19.2005 N 3440/05).

Note that the exercise of the preemptive right to conclude an agreement for a new term is not in all cases identical to the extension of the term of the agreement. Such a right can be exercised not only during the period of validity of the contract, but also subsequently (see, for example, paragraph 2 of Resolution N 73). In addition, depending on the circumstances, the contract can be concluded for a new period on different terms than the previous contract. In such cases, we are talking, in fact, about the conclusion of a new agreement.

If you are a user of the Internet version of the GARANT system, you can open this document right now or request a Hotline in system.

In this article, we will consider all forms of contract prolongation and the specifics of their design.

Download documents that will help you to renew the contract:

When is the renewal of the contract required?

One of the obligatory details of any contract, without which the document becomes invalid, is the validity period of the document. In this case, the expiration of the validity period can be stipulated by a specific date or the occurrence of a specific event, but this period can also be set as indefinite or providing for automatic prolongation.

As a rule, any company works with contractors on the basis of contracts concluded with them. Most of these contracts have a specific duration. One of the tasks of the secretary is to warn the manager about the expiration of the terms of the contracts. The contract must be renegotiated or extended if, by the time the previous agreement expires, the parties decide to continue cooperation.

In real life, civil relations participants often forget to renew the contract. This happens with a large number of agreements concluded. Such negligence leads to adverse consequences. One of them is the termination of the fulfillment of obligations by one of the parties.

Indicating the term of the contract

Download the full contract

Methods for the renewal of contracts

An experienced secretary will not only warn about the expiration of the contract, but also offer options for its extension - prolongation. You can renew the agreement in one of the following ways:

• conclusion of a new contract;
• execution of an additional agreement to the previous contract;
• adding a clause on automatic prolongation of the contract by mutual agreement of the parties.

Actually, the conclusion of a new agreement is not a prolongation. In this case, the parties sign new document, as a rule, on new terms and with a different composition of obligations. A new agreement is concluded when they want not only to continue cooperation, but to do it on different terms.

For example, the landlord decides to change the content and structure standard contract lease. He excludes a number of provisions from it and adds new ones: it revises the structure of the rent, changes the ways of ensuring the fulfillment of obligations, adds new obligations of the tenant, changes the terms of liability. In this situation, the interests of the lessor determine the content of the new contract. Continuing cooperation on the same terms does not suit him.

The law does not establish a uniform template for an agreement to extend the term of an agreement. When it comes to an agreement between legal entities, the parties sign this document in any form. At the same time, it is important to correctly indicate the necessary information (details, names, powers of the parties) and make a link to the main contract.

How to draw up an additional agreement on the prolongation of the contract

In the practice of business relations, it is possible that the partners are satisfied with the terms of the existing agreement, and they do not plan to change anything in it. In such a situation, the contract should be extended. To do this, you need to conclude an additional agreement to an existing contract.

Key phrase in this document:"The parties agreed to extend the validity period of Agreement No. 18 / v dated 04/10/2017 from 04/10/2018 to 04/09/2019"

After it, a clause is added that all the conditions of the previous contract remain unchanged. If the parties want to update some of the terms of the "old" agreement, then you should indicate which ones.

Another option for an additional agreement is a document that does not extend the contract, but makes special changes to it. These changes set the renewal for an indefinite period and the condition under which the contract will now be renewed automatically.

This condition for the prolongation of the contract is formulated as follows: "The parties agreed to amend clause 8.2 of the Agreement No. 18 / в dated 04/10/2107, setting them out in the following version: The Agreement is automatically prolonged for the next calendar year, if none of the parties declares its termination within 15 days before the estimated date of termination validity of the contract. "

Sample of an additional agreement on the prolongation of the contract

Download a sample supplementary agreement in full

As a rule, when drawing up an additional agreement on the extension of the term of the contract, the following wording is used: "State the clause on the term of the agreement in the following version: the agreement is valid until 15.07.2020" .

The parties also add a condition: for the rest, which is not indicated in the text of the agreement, it is necessary to be guided by the text of the agreement. Example wording "In all other respects that are not provided for by this supplementary agreement, the parties are guided by the provisions of the contract No. dated 22.06.2017".

How to include an automatic renewal clause in a contract

Most convenient way renew an existing contract - automatic renewal, that is, renewal for a specified period.

The condition for the automatic prolongation of the contract is formulated as follows: "10.8. This Agreement is valid until 31.12.2018 and is automatically renewed for each next year, if none of the parties announces its intention to terminate it within 30 (thirty) working days. "

When one contract ends, the next day a new one comes into force on the same terms. Unless the partners have agreed otherwise (clause 10 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001, No. 59).

Write down the clause on automatic prolongation as clearly as possible. He often causes controversy and disagreement.

The absence in the text of the agreement or supplementary agreement of the condition for the automatic extension of the term of the contract implies prolongation for an indefinite period. If you want to avoid such ambiguity, stipulate an extension condition, for example: "The agreement is automatically prolonged for the next calendar year, if none of the parties declares its termination within 15 days before the estimated date of termination of the agreement" .

Sometimes partners prescribe in the document the right of any of them (or only one) to terminate the contract early. This right is enshrined in law (Art. 310 and Art. 450 of the Civil Code of the Russian Federation). According to the law, in the event of early termination of the contract, the initiator sends a notice of termination to his partner. It is handed in personally against signature or sent by registered mail with a list of attachments and a receipt acknowledgment.

Notification of an employee about dismissal due to the expiration of the employment contract

Download a sample notification

In addition, it will come in handy in your work:

How much to keep extended contracts

The secretary makes sure that the manager has at his disposal the originals of all contracts that the company has concluded with other firms or individuals. These documents may be required by the shareholders of the company or employees of the regulatory authorities.

IN modern legislation no indication of specific. In accordance with the all-Russian classifier contracts refer to organizational and administrative documents. Business papers of this type are stored for at least five years. Exceptions are sales and purchase agreements. valuable papers... They are stored for ten years.

Storing the entire volume of contracts during such a period can cause difficulties: additional costs for storage in an archival organization or in the company's own premises; some expired business papers must be destroyed to ensure confidentiality. To determine the standard storage period for a contract - three, five or ten years - the secretary needs to contact the archival organization for clarification.

How to put things in order in contracts:

• scan all contracts and create an electronic archive;
• make an inventory of all existing agreements.

An additional agreement on the prolongation of the contract is signed in the event that it becomes necessary to increase the validity period of the existing conditions of interaction. The main condition for this is the unanimous opinion of all parties to the agreement.

Files

The documentation is regulated by Chapter 42 of the Civil Code of the Russian Federation.

Timing

The possibility of renewal must be fixed in the current contract, otherwise legal difficulties may arise.

In the case when the possibility of renewal was not taken into account in advance, a separate agreement is concluded describing this important condition... It is important that the date on which this new agreement is signed should be within the validity period of the main agreement. Otherwise, it can also be invalidated if the case comes to court proceedings.

Only after the possibility of extension is legally secured, it is possible to conclude an additional agreement on the extension of the contract.

Mandatory conditions

If at the conclusion of the initial contract there were any special conditions, then when signing an additional agreement, they must be respected. So:

• During state registration of the main document, all additions to it must be registered with the same body.
• If there was a notarization of the agreement, then the additions to it are subject to notarization.

Elements of paper

Additional agreement on the prolongation of the contract consists of:

• Hats.
• The main part. It is subdivided into a statement and a list of items.
• Signatures of the parties.

The upper part of the document is in practice completely copied from the main contract. Only the date of signing changes, but the names of the parties remain unchanged. In addition, you must indicate the city of signing, the number and full name of the document.

There are only a few mandatory points of the paper:

• A reference to the main contract, most of the terms of which remain unchanged. The number and date of the conclusion must be indicated.
• Indication of the parties to the contract.
• An indication of the new date until which the agreement between the parties will be valid.
• Information that all previous terms of the contract, except for the terms and the points specified in the additional agreement, remain in force.
• The number of copies of the document.

As for the last point, the minimum number of copies to be signed is equal to the number of parties who sign it.

Without details, signatures of both parties and the date of signing, the additional agreement will not have legal force.

Loan agreement

Some contracted borrowers face financial difficulties and are unable to meet their obligations on time. In this case, everything will depend on the lender.

If the lender is ready to sign an additional agreement on the prolongation of the agreement that satisfies the borrower, then the situation can be resolved beneficially for both parties to the agreement. If the lender does not intend to extend the term of the loan and revise the amount of the monthly payment, then the borrower faces legal proceedings.

There are several options for a positive decision:

• Revision of the monthly payment schedule. The amount will be reduced, it will be easier for the debtor to give it back.
• Deferral of the final maturity date. For a certain period, the debt is "frozen", not payable. For such a service, the lion's share of financial organizations requires an increase in total debt.
• Increase in the amount of debt.
• An increase in the interest paid on a loan due to an increase in the total period of use of credit funds.
• Adjustment of the relationship between the payment of the loan body and interest. The latter can be postponed until the final months of debt repayment. Thus, the borrower in the near future is able to repay only the body of the loan.

In most cases, the document adjusts the repayment terms of the loan body. Interest is accrued and paid regardless of the degree of deplorable financial situation of the borrower. Debt restructuring only shifts the deadline.

Moreover, for the prolongation, as a rule, an additional commission is charged, ranging from 1 to 25% of the total debt.

The attached form of the supplementary agreement is focused precisely on the extension of the loan agreement. One of its points describes the amount of debt to be paid.

Lease contract

When forming an additional agreement on prolongation to a lease agreement, it is worth keeping in mind that all transactions that relate to real estate for a period of more than a year must go through the state registration procedure. That is, if the agreement was concluded for a year, and then it is extended by an additional agreement for at least a day, then this transaction must necessarily go through the Rosreestr. If the contract expires and a new one is concluded for a year, then such a procedure is not required.

Delivery contract

Renewal of a supply agreement often has a more complex structure than all others. The price category of the supplied goods is used as additional items. Indeed, over time, the exchange rate, demand and other fundamentally important points of pricing change. For this reason, business partners resort to time extensions and price changes. But this is not always the case.

In addition to those listed above, a storage agreement also applies to renewable agreements. This is due to the fact that the storage of tangible assets can also be extended for a specific period and documented accordingly.

To the same type of prolonged agreements can be attributed to the contract of work. It is drawn up and signed in most cases if the construction organization does not have time to complete the construction by a certain date.

To which agreements it is impossible to attach an additional agreement

In general, it makes no sense to extend the exchange or donation agreement due to the fact that both of these actions are one-time. Extension is possible only in cases of long-term actions, processes.

Labor contract

Additional agreements may also take place in labor relations. When the employer wishes to extend the duration of the urgent labor agreement, and the employee agrees with him. Moreover, this consent, according to the existing legislation, must be expressed in writing.

A fixed-term employment contract is usually drawn up for a period not exceeding five years. There are different options for the wording of this period: until the previous employee leaves the parental leave, before the end of the season, etc.

If there is a need to increase the validity time of a specific paper, then you can draw up and attach an additional agreement to the employment contract.

Alternative ways

In addition to this way to extend the terms of the agreement, there are others. For example:

• When concluding the initial contract, one of its clauses will state that you can extend the term by exchanging e-mail or paper letters. If both parties in letters express their desire to extend the contract for a specific period, then it will automatically be considered extended.
• Automatic renewal under the terms of the agreement. One of the paragraphs states that in the absence of objections from one of the parties, the agreement is automatically extended. Such long-term agreements are common among lease agreements.
• Certain types of contracts imply automatic renewal due to existing laws. These include agreements for travel insurance, water supply, and trust management... Even if there is no clause on automatic prolongation in these securities, they are implied there.

Advantages

Perpetual contracts usually attract increased attention from tax authorities. When conducting inspections, they meticulously study each of the points. With renewable contracts, it is a different matter. The latter are treated favorably by tax inspectors. This is due to the indication of clear terms that fit into the frequency of inspections.

Upon registration, an additional agreement is immediately attached to the main agreement.

When will it be invalid

The legal force of the paper will depend on many fundamentally important points... When applying to the court, an additional agreement on the prolongation of the contract may be invalidated in the following situations:

• When canceled, legal insolvency initial written agreement.
• If the representative of one of the parties at the time of signing the document did not have the right to sign.
• If the main agreement has been registered with the registration chamber, but the additional agreement has not.
• If the original agreement is notarized, but the annex to it is not.

These are not all the reasons for recognizing that the supplementary agreement is not legally binding. In any case, when compiling it, it is worth adhering to generally accepted rules and recommendations.

Last modified: January 2020

By transferring the property for use to another person, the owner agrees on a certain period during which the property will remain with the tenant. Like any other legally significant document, the lease agreement is formalized in accordance with the current legal regulations. If the lease relationship is limited by the period specified in the agreement, by the time it expires, the lease must be extended or terminated.

One of the most important issues requiring clarification is determining how to renew the lease and whether it is necessary.

Key provisions on the renewal of a lease agreement

The term "lease renewal" means the extension of the lease relationship after the expiration of the contract period. The law allows renting for any period at the discretion of the parties, however, depending on the duration of the contract, there are some nuances.

If the contract expires 11 months after its conclusion, it is recognized as short-term. Leases for more than a year require registration of the tenant's rights in the unified Rosreestr database.

The setting of the term under the contract is governed by general civil law. The basic rules for the renewal of leases can be found in Art. 621 of the Civil Code of the Russian Federation.

According to Part 1 of Art. 621, the extension of the existing relationship for the tenant is possible on the following conditions:

• Compliance with the provisions of the current contract in good faith gives priority to the right to renewal when choosing a new tenant.
• To renew, you must follow the procedure for notifying the landlord in advance, before the expiration of the document. The period allotted for notifying the owner is indicated in the clauses of the primary contract, and in its absence, the principle of reasonableness is adhered to.

In accordance with part 2 of the same article civil law renewal of a lease or lease is possible if:

• the tenant continues to fulfill the terms of the contract, using the transferred living space (apartment, other property) and after the expiration of the validity;
• the owner does not prohibit the continued use, subject to further compliance with the conditions specified in the expired agreement, while the duration of such relations is recognized as indefinite.

Renewal methods

Faced with the need to continue the lease, the parties to the lease agree on whether to register the renewal, and are considering various options for registration. The easiest option is to renew the contract in accordance with the provisions of the law, subject to the parameters specified in Part 2 of Art. 621 of the Civil Code of the Russian Federation (i.e. the lessee continues to use the property, and its owner does not prohibit doing this).

In such a situation, the law allows not to renegotiate agreements and not to draw up additional documents... At the same time, by virtue of paragraph 1 of Art. 610, adhere to the principle of recognizing the term of the contract as indefinite, if it was not originally established in the first contract. Auto-renewal of the lease:

Conclusion from judicial practice: A lease agreement concluded for a period of less than a year, which provides for automatic prolongation for a similar period, so that when adding general term is more than a year, is not subject to state registration.

Consultant Plus

Upon reaching a consensus, the parties independently determine the method of formalizing new lease relationships, if the provisions of the new document do not disagree with the legislative norms.

In fact, the parties can proceed as follows:

1. Conclude a new contract.
2. To issue an additional agreement to a previously signed document, into which, if desired, new conditions can be legally introduced and the main parameters changed. A sample additional agreement can be downloaded below and filled out independently, based on the agreement between the parties.

The renewal procedure is greatly simplified if the primary document contains a renewal clause - a definition that allows, after the end of the contract, in the absence of mutual disagreement, to renew it for a new period of the same duration. If there is no such clause in the contract, the new validity period is regarded as indefinite.

Do I need to register with Rosreestr?

The law clearly indicates the need to register a rental right if the property is transferred for 12 months or more. For an agreement concluded for less than 1 year, entry into the Rosreestr database of a record of lease relations is not required. This norm is established by Art. 651 (clause 2) of civil law. In the absence of registration, the contract is considered null and void, and the lease relationship is null and void.

After the lease ends under the contract, the property is returned to the owner's disposal in accordance with the procedure specified in clause 1 of Art. 655.

Due to this requirement, many landlords prefer to conclude an agreement for 11 months without registration, with the possibility of further renewal. If desired, the parties have the right to terminate the contract, however, prior to this, it is necessary to notify in writing in advance about the upcoming early termination. If the contract does not specify a specific period, when one of the parties is obliged to officially inform the other person, based on a 3-month period.

When deciding to renew the contract for a new period, it is in the interests of the tenant to comply with the written notification procedure. An official letter is sent to the owner. When implementing this measure, it is necessary to first study the clauses of the current contract: its individual clauses establish a sequence of actions and indicate the form of notification.

If the order of notification is not defined, proceed from the general principles of execution of significant documents.

A free-form letter must contain:

• Document's name;
• Date;
• Link to the primary contract;
• An indication of the clause of the agreement prescribing such a notification procedure;
• A statement of your intentions to extend the relationship.

The letter must be signed personally by the tenant (if non-residential premises leases a legal entity, the application is signed by an authorized employee and the seal of the organization is affixed).

If the preferred communication method is not specified in the previous contract, choose any of the following:

1. Email with EDS.
2. Registered mail with notification.
3. Personal transfer with a receipt.

Features of the interpretation

If you are going to use automatic renewal, you should take into account the legal nuances:

• the presence in the text of the agreement of a clause on prolongation for a new term contradicts the essence of the lease relationship and is considered illegal if a fixed-term agreement was concluded (see Art. 606 of civil legislation);
• an indication in the primary lease agreement of a pre-agreed condition for automatic renewal, in accordance with Art. 209, restricts the tenant's right to dispose of the property;
• if the property remains at the disposal of the tenant after the expiration of the contract, and the owner himself has nothing against this state of affairs, it is allowed to renew the terms of the agreement with an indefinite period of validity, while maintaining the terms of the lease unchanged.

For the lessor, the signal to extend the relationship will be the lease payments deducted further, the absence of delays and compliance with the rules for using real estate established in the contract.

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