FROM 2021, SHALL NOT SIGN ANNEXES TO CHANGE THE DURATION OF THE EMPLOYMENT CONTRACT

Question: I have signed a one – year contract with my company. To date, that contract has expired. However, the company will not sign a new labor contract and only sign an annex to extend the term for another year. Is this legitimate?

Sincerely thank!

Answer: Hello! With your question, Gattaca Law would like to advise as follows:

Clause 2 of Article 22 of The Labor code 2019 that is effective from January 01, 2021 regulates that:

“2. An annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.

Where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail.

Where an annex amends certain contents of the employment contract, it should clearly states the amendments or additions, and the date on which they take effect.”

Thus, from 01/01/2021, the employer and the employee are not allowed to sign the annex to an employment contract to modify the term of the labor contract (including prolonging or shortening the term of the signed labor contract).