Can minors work? Labor relations with a minor employee

You can hire a citizen has reached the age of 14. A teenager can sign an employment contract independently from the age of 16.

Exception— organizations engaged in cinematic, theatrical, circus, and concert activities. The list of exceptions also includes sports activities. The document is signed on behalf of a person between 14 and 16 years old legal representatives.

Organizations that teenagers can work for?

There are age restrictions when hiring. The law does not allow the involvement of minors in all professions and not with all labor conditions. There is a list of positions, where You can’t work before 18:

Special restrictions apply to positions related to financial liability.

REFERENCE. An exhaustive list is contained in the Decree of the Government of the Russian Federation of February 25, 2000. No. 163.

For violating the rules for organizing the work of minors, the employer faces administrative liability. If the manager hired an employee in violation of the rules, the contract should be immediately terminated or the employee transferred to another position appropriate to his age.

Design features

Step-by-step hiring procedure (paperwork) underage worker carried out in the same way as with adults.

However, when drawing up an agreement, you need to take into account some nuances related to the fact that citizens under 18 years of age are classified as employees who need to create special conditions And ensure their protection:

An employment contract is concluded only after completing schooling. If you don’t have a certificate, you can hire a teenager who is continuing their education by correspondence as an employee.
Work must be carried out on time not studying and treat work with easy conditions.
Teenagers from 14 to 16 years old conclude contracts independently after obtaining the consent of parents or guardians.
A teenager over 16 can absolutely enter into a contract on one's own.
Special working conditions are necessarily provided by the employer.

The employer must take into account the special labor rules for citizens under 18. Otherwise, he may be held accountable.

Some nuances of an employment contract

When hiring teenagers, open-ended and fixed-term contracts are signed.

A contract for a specific time period is preferable.

This is due to the fact that it is possible to terminate a permanent contract with them at the initiative of the employer only under certain conditions.

It is possible to terminate the employment relationship with minor employees only having received permission Labor Inspectorate and the Commission on Juvenile Affairs. Without a visa from these authorities, termination of relations is against the law. Such an action is allowed when the organization disbanded or no longer works (Article 269 of the Labor Code).

The document being drawn up specifies the following points:

Working hours

Minors perform their duties on a reduced working day (Article 92 of the Labor Code).

The duration of work is directly dependent on age:

up to 16 years old – 24 hours a week, 5 hours a day;
from 16 to 18 years old – 35 hours per week, 7 hours a day;
employees, combining work and study can be in the workplace - 14-16 years old - 2.5 hours per day, 16-18 years old – 4 hours

Salary

If the inclusion of a clause on the amount of wages in an employment contract with adult workers is not strictly mandatory, then the contract with a minor must must be specified size and procedure for receiving wages.

The manager can pay the employee at full rate during a shortened workweek, but is not obligated to do so. Payment can be made in proportion to the working time spent, provided that this norm is fixed in the employment contract.

Exceptions

It is prohibited to include clauses on possible business trips or overtime work in the contract. Forbidden attract teenagers to work at night, on weekends and holidays (Article 268 of the Labor Code).
It is prohibited to provide for individual or collective financial liability (Article 244 of the Labor Code). A teenager can only be responsible for causing material damage intentionally or as a result of a crime.

List of required documents

Depending on the age of the employee you will need:

16 years and older - the same set of documents as an adult. This list includes:

Identity document.
Work book (if there is none, the head of the organization is obliged to issue it within a week).
When hiring a minor aged 17 years, a document confirming registration with the Military Registration Office will be required.
Certificate of medical examination or medical book.

When hiring a 15-year-old employee, the same set will be required, including the following documents in the list:

Certificate on completion of basic education.
If there is no certificate, certificate of completion of education in by correspondence (evening school, external studies) and a certificate from educational organization that full-time education has been abandoned in accordance with the Law on Education of the Russian Federation.

If a teenager at the age of 15 has not completed basic education and is not studying part-time, he is hired under the same conditions as a teenager at the age of 14.

A 14-year-old employee additionally requires:

Consent of legal representatives.
Permission from the guardianship authorities on a special form.
Information about the lesson schedule and school day schedule.

Application for a job

There is no standard form for this document. it is written in free form.

The application is signed by the manager. Along with the signature on the application must have a visa about consent to cooperate with a minor.

The application is filed in the employee’s personal file along with other documents.

After completing the application, the employee is introduced to the local regulations of the enterprise under his personal signature.

Guarantees provided

Labor legislation for workers under the age of majority a number of additional measures , guaranteeing the preservation of their physical and moral health, as well as their proper development and personality formation.

The essential warranties are subject to the limitations discussed above.

In addition, there are additional features of labor organization:

The duration of the next vacation should be at least 31 calendar days. Its duration can be increased;
Persons under 18 years of age can receive additional leave if they wish. In the first year of employment, rest (at the request of the employee) can be granted 6 months after the start of registration at work. In addition, if the employee is a student, he is required to be granted study leave for the period of the session;
replace regular and additional annual leave with money forbidden. The exception is payment for unused vacation upon dismissal;
when hiring, it is prohibited to establish for minor workers (persons under 18 years of age) in accordance with Article 70.TK

Contract termination procedure

The employer does not have the right to dismiss a minor on his own initiative. To be dismissed, he must obtain permission from the Commission on Minors' Affairs and the State Tax Inspectorate.

If the manager has not received permission from these authorities to terminate the contract, the employee is reinstated at their request and is paid a salary for the period of forced absence.

The employment contract is terminated at the request of parents or guardians employee.

This may happen if they believe that work interferes with his studies.

If a two-month contract has been concluded with a minor, it is terminated at his request before the end of the term. The employee is obliged notify the manager in writing 3 days in advance about wanting to quit. After this, he has the right not to go to work.

When the contract term comes to an end, the employer is obliged to warn the employee 3 days in advance about the upcoming dismissal.

Compliance with these rules is mandatory for managers providing jobs to persons under 18 years of age.

09 Mar 2010 09:09

To save money, organizations sometimes hire minors. Typically, such employees are assigned simple work that does not require special knowledge, for example, delivering company products (fast food, etc.).

The article talks about all the features that need to be taken into account when deciding on hiring minors.

What kind of job can a minor not be hired for?

Let us say right away that a minor can only be hired if he is already 14 years old. An exception is established only for employees of cinematography organizations, theaters, theatrical and concert organizations, circuses - they can work until they reach the age of 14.

Teenagers (that is, persons under 18 years of age) cannot be hired:

With harmful and (or) dangerous working conditions in accordance with the List of such works. In addition, their work should exclude increased neuropsychic stress;

which may be harmful to their health and moral development(in particular, work on the production, transportation and trade of alcoholic beverages and tobacco products);

Associated with carrying and moving heavy loads that exceed the limits established for adolescents.

The limits of such load vary depending on the gender and age of the teenager. So, for example, for a 14-year-old boy, the maximum weight of cargo lifted and moved manually constantly during a work shift is 3 kg, and for a 15-year-old girl - 2 kg;

At night (from 22.00 to 06.00) and to work on a rotational basis (except for creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons according to the List of professions and positions of creative workers);

Part-time if the teenager is already working somewhere.

It is impossible to conclude an agreement on full financial responsibility with a minor. Therefore, it is better not to hire him for work related to the direct servicing of monetary and material assets.

Warn the manager

Minors bear full financial liability only for damage caused by:

Deliberately;

In a state of alcohol, drug or other toxic intoxication;

As a result of committing a crime or administrative violation.

In all other cases, they are liable for damage only within the limits of their average monthly earnings.

Guarantees and benefits

It is more convenient to conclude a fixed-term employment contract with a full-time student (but only if he himself does not mind). If he refuses to conclude an urgent employment contract, then you will have to conclude a contract with him for an indefinite period (of course, except in cases where the work itself is urgent).

When deciding whether to hire a teenager, keep in mind that according to the Labor Code of the Russian Federation, he is provided with the following benefits and guarantees.

1. A minor cannot be subject to a test when hiring and, accordingly, cannot be fired for failing to pass the test.

2. He needs to install a shortcut work time. It's about specifically about shortened, rather than part-time working hours. To establish shortened working hours, a special application from the employee is not required; you are required to do so by law.

The length of working time for teenagers depends on their age and the fact that they combine work with study. We present these standards in the table.

	Length of working week	Duration daily work(shifts)
Do not combine work and study
From 16 to 18 years old	No more than 35 hours	No more than 7 hours a day
From 15 to 16 years old	No more than 24 hours	No more than 5 hours a day
Combine work and study
From 16 to 18 years old	No more than 17.5 hours	No more than 4 hours a day
From 14 to 16 years old	No more than 12 hours	No more than 2.5 hours a day

According to the Labor Code of the Russian Federation, the working hours of minor students working during school year in free time from study, cannot exceed half of the norms established for persons of the corresponding age.

Restrictions for teenagers combining work and study do not apply only to the summer holidays, which was confirmed to us by the Ministry of Health and Social Development.

Kovyazina Nina Zaurbekovna, Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia

“If a teenager works during the autumn, winter and spring holidays, then the norm of Article 92 of the Labor Code on halving working hours continues to apply for him. After all, holidays are given to a schoolchild for rest between academic quarters and are included in the academic year. But summer holidays are no longer academic year, so this standard does not apply when working during the summer holidays."

If your teenager studies in an evening (shift) general education institution that has state accreditation, then you will also have to:

Provide him with additional paid leave to take final exams in grade IX - 9 calendar days, in XI (XII) grade - 22 calendar days;

Establish for an employee, at his request, during the school year, a working week shortened by 1 working day or the number of hours corresponding to 1 working day (if the working day (shift) is shortened during the week). Moreover, during the time he is released from work, he will need to be paid 50% of average earnings, but not lower than the minimum wage.

Warn the manager

Evening school students will have to be given paid leave to take their final exams.

For employees who combine work with studying at an evening (shift) general education institution, the working week is reduced by 1 working day at their request. This norm is common to everyone who works and studies in the evening, and not just for teenagers. You can take advantage of the benefit provided by this norm to reduce the working week by 1 day if you wish. But this benefit day is not paid in full, but only in the amount of 50% of average earnings. Therefore, in practice, teenage students, as a rule, do not use this norm. After all, their working hours have already been halved (due to combining work and study).”

3. Minors (except for creative workers) cannot be sent on business trips, involved in overtime work, as well as work on weekends and non-working holidays.

4. The production standards for a teenager should be less than the general production standards. At the same time, production standards decrease in proportion to how the teenager’s work duration decreases compared to the “adult” duration.

5. Annual paid leave for minors is granted for a duration of 31 (not 28) calendar days and at any time convenient for them. Moreover, they must be granted leave annually, that is, it cannot be transferred at the initiative of the employer. Moreover, it is also impossible to recall a teenager from vacation (even with his consent) and replace 3 days of each annual vacation (that is, that part of the vacation that exceeds 28 days) with monetary compensation. But you can divide your vacation into parts by agreement with him. It may happen that you hired a minor employee, and at the time of granting leave he was already 18 years old. For clarification on what the duration of an employee’s vacation should be in such a situation, we contacted the Russian Ministry of Health and Social Development.

Kovyazina N.Z., Ministry of Health and Social Development of Russia

“Minor workers are entitled to leave at the rate of 31 calendar days per working year, and not 28. If you follow a literal reading of the Labor Code, it turns out that an employee can apply for extended leave only if he was still a minor at the time of the leave. But here possible conflict situations. For example, an employee, being a minor, worked for several months and did not use the right to extended leave until he turned 18 years old. And he goes on vacation as an adult and, accordingly, has the right only to 28 days of vacation. In order to avoid such conflicts, we recommend that you still provide vacation days in proportion to the worked “grace” and “regular” periods. Therefore, the entire time for which the employee is granted leave is divided into two periods. And for the first of them, before the employee turns 18 years old, the number of vacation days is determined at the rate of 31 calendar days per year, for the period after turning 18 years old - at the rate of 28 days per year."

Attention! You cannot replace vacation time with monetary compensation for a minor.

6. Absolutely all teenagers can be hired only after they have undergone a preliminary medical examination (examination). And then until they turn 18, they must undergo a medical examination annually. Moreover, while undergoing such a medical examination, the employee retains his average earnings.

Attention! During the periodic medical examination (examination), the employee retains his average earnings.

During the medical examination (or earlier if there are complaints about deteriorating health), the doctor can issue a medical opinion on the possibility (or impossibility) of the teenager continuing to work or give recommendations on his rational employment. Organizing medical examinations is the task of your company.

Remember that you do not have the right to allow a teenager to work who has not passed a medical examination and does not have a medical certificate. Otherwise, you will violate labor laws, for which the organization and its leader may be fined during an inspection by the labor inspectorate.

If a teenager underwent a medical examination, but received a negative medical report, and your company, despite this, hired him, then if this fact is revealed by the labor inspectorate, in addition to paying a fine, you will have to provide him with another job. And if there is no vacancy or if the employee refuses the transfer, terminate the employment contract and pay the teenager severance pay in the amount of average monthly earnings. If the job initially suited him according to the medical report, but then during the next medical examination contraindications were discovered, then the teenager will also have to be transferred to another job. And if there is no vacancy or if he refuses to transfer, dismiss the teenager with payment of severance pay in the amount of two weeks’ average earnings.

Features of the employment contract

An employment contract with a teenager has the following features.

1. Since the work and rest regime of a teenager, due to the reduction in his working time, differs from that generally accepted in the organization, the condition for such a regime must be spelled out in the employment contract.

2. As we have already said, teenagers' working hours are reduced. But unlike all other categories of workers who are subject to reduced working hours (disabled people, “harmful workers,” etc.), the work of teenagers is paid according to the rules of part-time work.

Short-time and part-time work are often confused. After all, the duration of both is less than the duration of normal working hours.

The main difference between them is that reduced working hours are the full standard of work for certain categories of workers listed in the law (disabled people of groups I and II; minors; persons working in hazardous and (or) hazardous conditions labor, etc.). And it is established by virtue of direct enshrinement in the law.

And part-time work is only part of the normal or reduced working time, that is, part of the full standard of work. It is established as a general rule by agreement between the employee and the employer (with some exceptions).

Therefore, usually shortened working hours are paid in full - as normal, and part-time - in proportion to the time worked or depending on the amount of work performed.

Thus, in the employment contract, the condition on the teenager’s salary must be formulated on the basis that if he is a temporary worker, then he is paid only for the hours actually worked. And a teenage pieceworker's salary is calculated according to piecework rates, that is, he is paid a specific quantity, for example, of parts produced by him during a shortened working day. Moreover, the employer has the right, but is not obligated, to pay a teenager up to the wage level of adult workers.

Attention! Minor hourly workers are paid only for hours actually worked, unless otherwise specified in the contract.

Example. Calculating wages for a minor temporary worker

The teenager is 15 years old. He works and doesn't study. His working hours are 24 hours a week (5 hours a day). In December 2009, he worked 109 hours. Salary for his position (according to staffing table provided that the full working hours of an adult employee are worked out) is 20,000 rubles. per month.

Let's determine the employee's salary for December 2009. The standard working time in December 2009 is 183 hours (with a 40-hour work week). Accordingly, the cost of 1 hour is 109.28 rubles. (RUB 20,000 / 183 hours). Then the salary for December 2009 will be 11,911.52 rubles. (RUB 109.28 x 109 hours).

What documents should be required from a teenager when applying for a job?

The list of required documents depends on the age of the teenager.

1. If he is already 16 years old, then the same documents are required as for adult workers:

Passport;

Work book and insurance certificate state pension insurance(if it has already worked before);

Certificate of a citizen subject to conscription military service, if he is already 17 years old.

Note

If the teenager has not previously worked, then you will have to issue him a work book and make an entry in it about being hired within seven days from the date of start of work, and also issue him an insurance certificate of state pension insurance from the Pension Fund of the Russian Federation.

2. If a teenager is only 15 years old, then the same documents are required from him as from a 16-year-old, provided that he:

(or) received general education;

(or) continues to master the basic general education program in a form other than full-time (for example, evening or external);

(or) left educational institution in accordance with education legislation.

Therefore, in addition you will receive from him:

(or) document of receipt general education;

(or) a certificate from educational institution, which indicates that he is studying in a form other than full-time;

(or) a certificate from an educational institution stating that he left his studies in accordance with the legislation on education.

If a 15-year-old is still studying, then the same documents are required from him as from a 14-year-old.

3. If the teenager is 14 years old and goes to school, then in addition to general documents required from all employees, you need to receive from him:

Consent of the guardianship and trusteeship authority for employment on an official form;

Consent of one of the parents (guardian) to employment (this can be obtained in simple written form).

Also get a certificate from your teenager with a class schedule. After all, you must provide him with a mode of operation that will not interfere with the learning process.

Termination of an employment contract

In general, termination of an employment contract with teenagers is carried out according to the same rules as with adult workers. But there is one important feature. If the employment contract is terminated at the initiative of the employer, then he needs to obtain consent to dismiss the teenager from the labor inspectorate and the commission for minors. The only exception is the situation when the employment contract is terminated due to the liquidation of the organization or the termination of activities by the employer - an individual entrepreneur.

Since the consent of these bodies is required only if the initiator of dismissal is the employer, it is not necessary when dismissing a teenager due to the expiration of the employment contract, at the initiative of the employee or by agreement of the parties. Also, it will not be required if the employment contract is terminated due to circumstances beyond the control of the parties.

Warn the manager

The refusal of the labor inspectorate and (or) the juvenile affairs commission to agree to the dismissal of your teenager can be appealed in court. But given the duration trial and associated labor costs (for example, the work of a lawyer), in order to avoid such situations, if the Labor Code of the Russian Federation allows, enter into fixed-term employment contracts with teenagers (for example, if you hire them during the summer holidays).

As you already understand, a teenage employee is troublesome. But at the same time, minors can be paid less than adult workers. Therefore, if your organization needs such workers and you have the opportunity to employ them, then comply with all legal requirements. Otherwise, this may result in trouble for you.

Every citizen of Russia has the right to work, including those under 18 years of age. What privileges does a teenage employee have, and how should he apply for a job?

Features of hiring minors

According to the law of the Russian Federation, persons under 18 years of age also have the right to work. But due to their age, they have a list of restrictions and advantages when applying for employment. The criteria for enrolling this category of employees on staff are established in Labor Code

Hiring a minor worker

The step-by-step procedure for enrolling a person under 18 years of age has a number of differences from the standard one, but they are minor. For example, teenagers cannot be assigned to probation(Article No. 70 of the Labor Code of the Russian Federation). A special work procedure has been established for them, in accordance with the standards labor legislation(Article 94).

For those who have not yet turned 16, you must obtain written approval from the guardianship authorities for employment. Approval is issued based on a study of the work schedule and medical examination data of the minor. After providing all these papers, you can begin the registration process, which is no different from the standard one.

Procedure for hiring minors over 14 years of age

According to the law, it is impossible to conclude a work contract with a teenager under 16 (Article 21 of the Labor Code). But a contract can be signed with the approval of official guardians and guardianship authorities, stating that the teenager will perform light work, without harm to the growth of the body and health. AND negative influence for the educational process.

What documents should a teenager provide when applying for employment:

personal identification document;
certificate of education or certificate from the school where the teenager is studying;
parental approval in writing;
consent of the guardianship authorities.

The list of acts is established by Article 65 of the Labor Code Russian Federation. Fourteen-year-old children receive the same benefits and benefits as other employees. That is, they are paid a salary at a level not less than the minimum level, but based on hours worked (Article No. 271 of the Labor Code)

Minors can receive extended leave, lasting 31 calendar days, at a time convenient to the employee. The working time of a 14-year-old teenager is two and a half hours, taking into account the time spent on the educational process.

Hiring a minor aged 16 years

If a citizen who is already 16 years old is employed, then the consent of the guardianship authorities for employment is not required, only from the parents. From the age of 16, a work shift lasts up to four hours, while the young worker combines work and study. If he is no longer studying, then the work shift is five to seven hours, including a break. He has the right to receive bonuses and additional payments, just like other employees.

Medical examination when hiring a minor

A medical examination of a person under 18 years of age is carried out upon the direction of the head. A minor employee must undergo a follow-up examination by an occupational pathologist. Minors are required to undergo a medical examination before entering work; this is required by law. They must undergo the procedure annually until they reach adulthood.

The task is to identify a teenager’s potential to perform work without negatively affecting the processes of growth and development. young body. The level of influence of work factors on the health of a teenager is also determined, and the compliance of his skills with work requirements in a particular area is determined. The obligatory medical examination is established by the Decree of the State Medical Examinations Council of the Russian Federation, number 58.

Order for hiring a minor - sample

The manager’s order to hire a minor is drawn up according to standard sample form number T-1. The document indicates the name of the enterprise, the identification number of the act, and the date of preparation. Below is an order for the appointment of an employee (indicate full name), position, criteria and type of activity (indicate that the employee has not reached 18 years of age). Next is the date of preparation and signature of the director and employee.

Hiring minors, that is, citizens who are under 18 years of age at the time of concluding an employment contract, has its own characteristics. They are due to concern for the physical and moral health of young people.

From the article you will learn:

Concluding an employment contract with minors

In accordance with Part 3 of Art. 20 of the Labor Code of the Russian Federation, according to general rules, an employment contract with a minor citizen can only be concluded after he turns 16 years old. Employment of teenagers who are under 16 years of age is possible only if certain conditions are met:

if a minor citizen has already received or is in the process of receiving general education;
if his work function involves performing light work that does not cause harm to health;
if the teenager works in his free time from studying, without compromising the development of the curriculum.

Read more about what nuances need to be taken into account when making a conclusion employment contract with a minor, you can find out .

Employment of minors when they are under 14 years of age can only be carried out by certain organizations working in the field of sports, cinematography, theater and concert activities, as well as circuses. The main condition for this is the safety of moral and physical health teenager The written consent of one of the parents and the guardianship authority is also required, and the guardianship authority in the document must list the conditions under which the minor must work.

A sample employment contract with a minor employee is presented below.

Download in.doc

Hiring a minor worker step by step procedure

At hiring of a minor, the first thing you need to do is make sure that he has all necessary documents. The mandatory ones include those listed in Article 65 of the Labor Code of the Russian Federation:

identification. For those teenagers who are not yet 14 years old, this may be a birth certificate, for others - a passport of a citizen of the Russian Federation;
employment history if the teenager has already worked before;
insurance certificate of state pension insurance SNILS, if available;
military registration document for male citizens over 17 years of age;
a document confirming the receipt of qualifications, special education or knowledge, if such qualifications or knowledge are required to perform a job function.

The conditions for hiring minors suggest that a person under 14 years of age must also be required to:

written consent to work from one of the parents;
official work permit issued by the guardianship and trusteeship authority.

Note! A minor citizen aged 14 to 15 years will no longer need permission from the guardianship authorities, but simply official consent to work.

In addition, when hiring, the HR employee must ensure that the following basic admission conditions minors to work as:

they are enrolled in a general education program;
the work they provide is characterized as light work;
They will work in their free time from studying and without compromising their education.

If all the documents required for hiring minors are presented, the teenager must be sent to mandatory preliminary testing at the employer’s expense. body check. After passing a medical examination, a minor citizen must present a certificate in form No. 086/u, approved certifying permission to perform light labor.

After this, it is necessary to conclude an employment contract with the minor teenager, on the basis of which to issue order to hire him. The order is the basis for registration work book and making an appropriate entry therein.

Features of hiring minors

The employer must remember that hiring minors has its own characteristics.

For this category of workers the following is established:

work restrictions;
quotas, which are an additional guarantee of employment;
special procedure for concluding employment contracts.

In addition, teenagers from 14 to 16 years old can work no more than 24 weeks. Those of them who have not yet turned 15 years old can work no more than 2.5 hours per shift, the rest - no more than 5 hours. Minor citizens those aged 16 to 18 years can work no more than 35 hours a week with a work shift of no more than 7 hours, and for those who are studying, a work shift lasts no more than 4 hours. .

Additional job guarantees when hiring minors

For Russians whose age does not exceed 18 years, the law provides job quotas as an additional guarantee of employment. At the same time, the procedure for allocating quotas and measures of responsibility for non-compliance are the competence of regional authorities. Therefore, in different regions of the Federation, the size of quotas and measures of responsibility may vary.

Thus, for Moscow employers whose enterprises number more than 100 people, quotas for recruitment minor citizens are regulated by Articles 2 and 3 of the Moscow Law of December 22, 2004 No. 90. According to this law, at the expense of their own funds, capital enterprises create jobs for:

teenagers aged 14 to 18 years;
orphans and children who have lost parental care before they reach the age of 23;
graduates educational institutions primary and secondary vocational education aged from 18 to 24 years, higher professional education aged from 21 to 26 years, who are looking for work for the first time.

Many teenagers are looking for a job or part-time job to improve their financial situation, gain experience in a field of activity they like, or simply save up money. But before employment, you should carefully study your rights, the specifics of signing a contract and calculating wages. This article will be useful to such citizens, as well as to the employer of a minor employee.

The legislative framework

The legislation of the Russian Federation clearly defines all the main aspects of the work of minor employees. Article 63 of the Labor Code of the Russian Federation clearly states at what age and under what conditions it is possible to conclude an employment agreement.

For this social group chapter in Labor Code, which regulates all aspects of labor for this category of the population. This includes the rights of teenagers to leave (Article 267), free annual examination by doctors (Article 69 and Article 266), employment features (Article 272, Article 70), production standards (Article 270, Article 92, Article 94). It also stipulates wages (Article 271) and guarantees upon termination of a work contract (Article 269).

There are articles in the Code that describe the prohibition of certain types of work (Article 265) and involvement in overtime work (Article 268, Article 96, Article 99).

Minimum age for employment

It is possible to independently conclude an employment contract only after reaching the age of sixteen. The exception is completing school before the above age.

Citizens who have reached the age of fifteen have the opportunity to work if the working conditions do not interfere with educational activities and do not harm their health.

Fourteen-year-olds additionally require verbal or written permission from their next of kin or guardian.

Workers under 14 years of age may be allowed to work in the theater, circus and film industries. The position held by a young employee should not interfere with healthy development.

What type of work can teenagers do?

Children can do work on preparing areas (improvement, landscaping), planting and harvesting crops, and caring for vegetable gardens and fields. Such workers have the right to apply for a courier position and perform simple repair and restoration work. Teenagers also work as service personnel for cultural events and provide social services to the population.

Basically, there are several vacancies for which employers can hire minors: waiter, cashier, cleaner, promoter, various assistants in the kitchens of restaurants and cafes.

Teenagers who work in positions that require heavy lifting should be aware of the maximum allowable manual movement of loads during one work day. Girls aged 14 to 15 years can carry no more than 2 kilograms per shift, boys - up to 3 kilograms. For boys from 16 to 18 years old, the maximum permissible weight of cargo is 4 kilograms, for girls of the same age - 3 kilograms.

To regulate the work of minors, some restrictions are prescribed. They are prohibited from working in life-threatening conditions and carrying weights above the age limit. It is also not provided for such workers. Children cannot enter into an employment contract with religious organizations, as well as an agreement on financial responsibility (Article 242).

Teenagers cannot work in the gambling business, participate in the sale of alcohol and tobacco products, or work in nightlife establishments.

Additional rights

The child is entitled to 31 days of leave. Temporary release from duties must be granted immediately upon the employee's request.

Such an employee is not sent on trips by order of the employer (business trips), he cannot work above the norm, as well as on holidays and weekends. Workers in the field of creative professions (cinema, theater) are an exception.

Features of the medical examination

Children who have not reached the age of majority are required to undergo training before employment. Examinations of the minor employee must be conducted annually. All payments for expenses are paid by the employer, and he also sends the future employee for examination. The direction must indicate:

name of the institution;
type of activity of the employer and form of ownership;
name of the organization for the medical examination and its type;
Full name and date of birth of the future employee;
the name of the profession for which the employee is hired;
presence of dangerous and harmful working conditions.

The medical commission must include a doctor who studies the health of people working in particularly hazardous conditions (occupational pathologist), who also heads the commission. The composition of the necessary doctors for the commission is determined by order of the head medical organization.

Duration of operating time

From 15 to 16 years of age, working hours are 24 hours a week. From 16 to 18 years of age, the legal duration of work is a maximum of 36 hours. For employees who have not yet graduated from school – a maximum of 12 hours.

Also, for this category of the population, the legislation stipulates the maximum duration of one working day. For teenagers from 15 to 16 daily norm working time is 5 hours. From 16 to 18 no more than 7 hours a day. For employees combining study and work, aged 16 to 18, the maximum working day is 4 hours. For schoolchildren from 14 to 16 years old – two and a half hours.

Documentation for employment

List of required documents:

consent of the closest relative or guardian (if the employee is under 14 years of age);
permission from the guardianship authorities, which specifies the length of time allowed for work;
identification;
work book;
medical certificate;
diploma or certificate of specialized experience and knowledge (for a position requiring special training);
information from the school with the specified class schedule (not completed school);
insurance certificate (for teenagers 15-18 years old).

Registration procedure

The procedure for registering minors is identical to the employment of other categories of the population. To enroll in a position, a teenager writes to the employer and enters into an employment contract. The employer issues an order to hire a new employee.

The contract must include the following: points:

Full name of the future employee and name of the employer;
information about documents that identify the new employee and the employer (if he is an individual);
employer's tax identification number;
date and place of conclusion of the contract.

When drawing up the contract, the following are prescribed: conditions:

place of work;
job title;
the date from which the employee starts work;
size and conditions of wages;
operating mode.

It is more difficult to dismiss young employees. Before the employer can begin to dismiss such an employee on his own initiative, he coordinates this issue with the state labor inspectorate, as well as with the commission for the protection of the rights of minors. The exception is the termination of an activity individual entrepreneur or dissolution of the institution in which the teenager works.

After confirmation by the commission that the rights of the young employee will not be violated,. If the commission denies the request to terminate the contract, this issue can be appealed in court.

When a teenager wishes, approval is not required.

If a cooperation agreement was drawn up with a young employee for a specific period, for example for a seasonal summer job, during the vacation or illness of the main employee of the enterprise or for practice, then the period of cooperation expires at the time specified in the contract.

The employer must notify the employee 3 days before the expiration of the period in writing. On the last working day, the employee is issued a document confirming labor activity, wage, and also, if any.

Fixed-term contracts with this category of the population may be in the following areas:

movie;
theater;
concert and circus organizations.

To avoid an unscrupulous employer and, as a result, lack of payment for work performed, teenagers always need to enter into an employment contract. This will help avoid not only lack of wages, but also protect the child from working in dangerous conditions.

Salary

The amount of wages for this category of the population depends on what form of payment (piecework or time-based) is accepted in the institution where the teenager works. The reduced working time of the young employee is also taken into account.

In case of piecework, payment is calculated at the usual rate, taking into account the shortened working day. Time payment is calculated only taking into account the time the teenager works. Employers must pay the child’s work no less than that established by law, if the employee fulfills the norm (according to age) and his duties in the institution. The employer may pay additional salary increases. Wages are calculated and paid in the same way as other employees in this institution.

Lawyer's opinion on hiring a minor (video)

In this video, the lawyer talks in detail about the conditions for hiring minor citizens of the Russian Federation, labor restrictions, as well as the features of the employment contract and salary payment.

Knowing your rights, you can avoid many difficulties, both in finding a vacancy and in the work process itself. Also, minors must necessarily enter into a contract with the employer, which must clearly state the employee’s duties, work hours and salary, because in the event of a violation of the terms by the employer, the teenager will have the opportunity to defend himself and compensate for the damage.