Permission for a child to work. Hiring a minor for work in Russia - laws and norms of the Labor Code of the Russian Federation

Now schoolchildren and students have fewer problems with employment. Along with specialized centers for youth, they can also contact largerecruitment agencies.

Minors - special social group; an entire chapter is devoted to the application of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001). At the same time, a number of provisions concerning the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of teenage labor are aimed primarily at preventing negative influence production factors on the development, health, moral and mental state of the minor.

Age

The Labor Code determines the age at which citizens are hired - 16 years. It is possible to hire from the age of 15 persons who have received basic general education or left in accordance with federal law educational institution. But when concluding an employment contract with a minor worker, there are some nuances.

Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons over 16 years of age. Those who are younger can only sign an employment contract if they have already completed their studies at school.

Employment of persons over 14 years of age is permitted. Based on Part 3 of Article 63 of the Labor Code of the Russian Federation mandatory conditions to conclude an employment contract with this category are: written consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority; work should not interfere with studies; the work should be easy and not cause harm to the teenager’s health. If the contract is concluded for the first time, the organization is obliged to issue the teenager work book and state certificate pension insurance(Article 65 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation contains a provision that determines the possibility of minors under the age of 14 entering into labor relations. This exception on the basis of Part 4 of Article 63 of the Labor Code of the Russian Federation is established for cinematography organizations, theaters, theater and concert organizations, circuses in relation to minors for participation in the creation and (or) performance of works without harm to health and moral development.

Article 70 of the Labor Code of the Russian Federation indicates that the organization does not have the right to establish a probationary period for a minor. Before starting to work in an organization, a minor is required to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). Thereafter, the employee must undergo a medical examination annually until he reaches 18 years of age.

Working hours

Workers under 18 years of age have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes the normal length of the working week - 40 hours. But it should be taken into account that for employees under 18 years of age, a shortened working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees under 16 years of age - no more than 24 hours; for workers from 16 to 18 years old - no more than 36 hours; for workers under 16 years of age studying at any educational institution - no more than 12 hours; for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration daily work(shifts): for workers aged 15 to 16 years - no more than 5 hours; for workers aged 16 to 18 years - no more than 7 hours; for students of general education institutions, primary and secondary educational institutions vocational education, combining during school year study with work, from fourteen to sixteen years old - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 3.5 hours.
On the basis of Part 3 of Article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) general educational institutions during the academic year are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened during weeks). During the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than minimum size wages.

Works where the use of labor is prohibitedminors

Current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the load carried or moved by the employee; the nature of the work performed; work regime. Persons under the age of 18 are not allowed to work in harmful and (or) dangerous working conditions. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); hard work; working in harmful or dangerous working conditions.
The list of heavy work and work with harmful and dangerous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

In addition, the Labor Code of the Russian Federation prohibits: involving minors in overtime work; call in night shift and on weekends: the ban on the use of minors at night is established by Article 96 of the Labor Code of the Russian Federation. The work shift of an employee under 18 years of age must begin no earlier than 6 a.m. and end no later than 10 p.m.

Workers under 18 years of age cannot be sent on business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home every day. As an exception, according to Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, engage in overtime work, work at night, on weekends and non-working days. holidays minors who are creative workers in the media, cinematography organizations, theaters, theater and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations. Until such lists are established, sending minors on business trips, engaging them in overtime work, night work, on weekends and non-working holidays is impossible.

Production standards and wages

Article 270 of the Labor Code of the Russian Federation stipulates that production standards for persons under 18 years of age are determined based on the general standards established for adult workers, in proportion to the reduced working hours established for minors.
Thus, for minors aged 16 to 18 years, the production rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.

Article 271 of the Labor Code of the Russian Federation establishes the following remuneration for workers under the age of 18: with a time-based wage system, wages for minor workers are paid on the basis of established tariff rates, official salaries in proportion to the time worked - respectively 36 hours or 24 hours a week (not combining training with labor) and 18 hours or 12 hours a week (combining training with labor in free time). Under the piece-rate wage system, the work of persons under 18 years of age is paid at the established piece-rate rates for adult workers, taking into account the production norm established for young workers. For workers under the age of eighteen, studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time from study, payment is made in proportion to the time worked or depending on output. The employer can provide these employees with additional wages at their own expense.

Vacations underage workers. Employees under the age of 18 are provided with annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minor workers, incl. part-time workers work time. During labor activity For a minor employee, it is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor workers with additional paid leaves provided for by law, as well as collective and labor agreements. Thus, an employee who combines work with study is entitled to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to put him on leave without saving wages. For example, to pass entrance exams.

The material was prepared based on information from open sources

Some entrepreneurs, due to certain circumstances, may have the need or opportunity to hire minors. Current Russian legislation allows such a right for business representatives, but also implies certain restrictions applied to protect the childhood and health of minors. In general, the standards of the Labor Code clearly define the procedure for the employment of minors and the full range of different situations related to it.

Employment of minor citizens under the Labor Code

The main Russian normative document regulating labor relations, including with persons under 18 years of age, is Labor Code. In particular, this document considers everything possible cases employment of minors, benefits and concessions provided to such persons due to their age, and the procedure for personnel specialists and employers when hiring them. At the same time, the specific features of labor relations with minors are directly considered by the provisions of the following articles of the Labor Code of the Russian Federation:

Art. 63. This article establishes the age at which it is permissible to conclude employment contracts.
Art. 69. This article establishes the obligation to undergo a medical examination before employing minor employees.
Art. 70. This article discusses the concept probationary period and issues of its application in employment, including in relation to minor employees.
Art. 92. This article regulates the use of shortened working hours, which is mandatory for persons under 18 years of age.
Art. 94. The standards of this article regulate the issues of the maximum duration of a working day or shift, including in relation to the category of citizens in question.
Art. 96. It is devoted to the application of a special work regime - at night, including taking into account the age of employees and other factors.
Art. 99. Its regulations provide legal regulation of overtime work, which cannot be applied to certain categories of workers, which also include minors.
Art. 122. This article regulates the procedure for granting leave, including for employees under 18 years of age.
Art. 124. The standards of this article address the issues of transferring vacation, as well as certain prohibitions on such actions on the part of the employer, including in relation to employees who have not reached the age of majority.
Art. 125. These standards cover the possibility of recalling an employee from the leave granted to him, as well as situations that directly prohibit such actions in relation to certain categories of employees, which also include persons under 18 years of age.
Art. 126. Its rules provide for the possibility of replacing part of the vacation with compensation if necessary. It also prohibits such compensation for minors.
Art. 242. This article regulates the incurrence of full financial liability by employees, which applies to persons under 18 years of age in a limited manner.
Articles 265-272. Constituting Chapter 42 of this code, these articles are fully devoted to the consideration of the main issues of labor of workers under 18 years of age.
Art. 282. This article provides for the possibility of working part-time and directly limits the possibility of such work for persons under 18 years of age.
Art. 298. These standards regulate the implementation of work on a rotational basis. They provide for a number of strict restrictions regarding employees hired for such work and provide for the exclusion of minors from such work.
Art. 348.8. This article is devoted to issues related to the work of minor athletes and considers the features of this activity.

Basically and in general, the procedure for hiring minors in matters of registration necessary documents and employment in most situations does not differ from the standard conclusion of employment contracts, taking into account existing legal restrictions. Due to this, from the point of view of entrepreneurs, HR specialists and employers, hiring such employees carries quite a few risks and can be a justified practice in many situations.

Thus, the advantages of employing minors include a lower level of wages, established due to less working time, as well as the opportunity to initially train an effective and motivated specialist within the enterprise.

Persons under the age of eighteen, but who have undergone the emancipation procedure in the manner prescribed by law, are not considered minors and the provisions of the general law apply to them. labor law, equal to those in relation to adult employees. Exceptions may relate directly to volumes physical activity established due to the age and gender of the applicant.

Age at which minors can be hired

Current legislative restrictions regarding the employment of minors primarily affect issues of the age at which labor relations can begin. In particular, the provisions of the above-mentioned Article 63 of the Labor Code of the Russian Federation assume that such age is the achievement of sixteen years. However, this article also implies the possibility of exceptions, which can be regulated both directly by the provisions of the Labor Code of the Russian Federation and by other federal laws and regulations.

In general, regarding the age of employment of minor citizens, there are several main categories:

From the age of sixteen Any citizens can be involved in work by concluding an ordinary employment contract between the employer and the applicant himself. In general cases, no additional permissions or restrictions are provided for this action.
From the age of fifteen Persons with a general basic education may be involved in labor relations, provided that the work is physically easy and does not pose a threat to their health. Also, employment at the age of 15 is permitted at the same time as obtaining an education, if such work does not harm health and training.
From the age of fourteen You can work with the written consent of one of the parents or official guardians of the minor, as well as the guardianship and trusteeship authorities. Issues of education and the severity of work are considered in the same way as in relation to fifteen-year-olds, taking into account even more lenient standards established for employment at 14 years of age.
Up to fourteen years of age, employment is possible in artistic, creative, theatrical, cinematic and other similar organizations with the written consent of parents, guardianship authorities, and without prejudice to the health and education of the child.

When employing children aged 14 years and under 14 years of age, it is mandatory to provide the employer with not only the consent of one of the parents or guardians, but also the consent of the guardianship and trusteeship authorities. The applicant himself or his parents are obliged to contact them. These standards are provided to exclude cases of uncontrolled labor exploitation of minors by their guardians.

Current legislation in matters of employment of minors cannot allow the introduction of additional restrictions at the municipal or regional level, but may provide for additional employment programs or benefits - key factor regulations that do not have federal status is the absence of a reduction in anyone’s rights in comparison with federal laws.

Procedure for hiring a minor and required documents

As mentioned above, the immediate process of registering a minor for work is in basic principles identical to that of an adult employee. That is, it provides for concluding an employment contract, familiarizing the applicant with his rights and responsibilities, writing an order for enrollment, drawing up a work record book, deducting fees and taxes and other nuances. However, given the nature of the special regulation of legal relations between such employees and employers, the procedure for employing these employees has its own characteristics.

In particular, the documents required or prepared in the process of hiring a minor include:

Passport or birth certificate of the applicant.
Insurance certificate of compulsory pension insurance.
Attributed, if any.
Work record book, if available. Otherwise, it is issued by the employer.
Help from educational institution or a certificate of completion.
Medical certificate based on the results of a medical examination.
Written consent of one of the parents or guardians, as well as the guardianship and trusteeship authority, if the applicant is under 15 years old.

The medical examination must be organized by the employer, and it is also the responsibility of the employer to pay for it to the applicant. In this case, the applicant has the right to undergo a medical examination in another medical institution according to own choice, but in such a case he cannot demand compensation from the employer.

It should also be remembered that there are a number of industries in which the employment of minors is unacceptable in principle. The signing of an employment contract is carried out by the minor himself, and if his age is less than 14 years, then in this case his parents sign the contract.

The terms of the contract, which provide for the restriction of the rights of a minor, contrary to labor legislation, are recognized as void, and the employee cannot be held responsible for their failure to comply with them in the course of work. Therefore use standard contracts with standard holiday durations of 28 days, the possibility of overtime, holiday compensation or simply taking into account the standard length of the working week, will be limited - at least the conditions relating to these aspects of work will need to be changed.

What jobs should minors not be hired for?

Rules hiring minors, established by the provisions of Art. 265 of the Labor Code of the Russian Federation, contain full list conditions in which the use of the labor of designated persons in general is prohibited, regardless of the nature of such labor and other circumstances. The legislation includes the following work in this list:

In nightclubs, strip bars, cabarets and other similar establishments.
Related to the transportation, production or trade of alcohol or tobacco products.
With toxic or narcotic drugs.
With materials of an erotic nature or providing for the possibility of contact of a minor with such materials or intangible objects.
In gambling.
In any enterprises and positions classified as harmful or dangerous.
Watch duty.
Associated with moving or manually carrying weights in excess of permissible limits.

The current standards for carrying heavy loads are indicated in the provisions of Resolution of the Ministry of Labor of the Russian Federation No. 7 of 04/07/1999. They take into account the employee’s age and gender.

In general, there are also a number of indirect situations in which it may be impossible to hire a minor employee. In particular, if the work involves activities at night, then employment in it is allowed only in the case of the creative nature of such employment, for example, participation in theatrical performances, photo and video filming and other creative events.

The law provides for a number of benefits and restrictions for minor workers. Let's look at exactly what conditions need to be met.

Prohibitions when working with minors

Discrimination against minors in labor relations is not permitted. Differences in hiring, remuneration, promotion, training and additional professional education, termination of an employment contract, etc. can only be determined by the business qualities of employees, the characteristics of their working conditions (Article 3 of the Labor Code of the Russian Federation, clause 3 Resolutions of the Plenum Supreme Court RF No. 1).

At the same time, based on the characteristics of working conditions, the legislation provides for many prohibitions for minors. Employees under 18 years of age cannot work (Articles 265, 298 of the Labor Code of the Russian Federation):

At work with harmful or dangerous working conditions;

In underground work;

At work, the performance of which may harm their health and moral development: transportation and sale of alcoholic beverages, work in nightclubs, with tobacco products and toxic drugs, etc.;

For work performed on a rotational basis;

At work that involves carrying or moving heavy loads in excess of the maximum standards.

The list of heavy work and work with harmful or dangerous working conditions, during which the employment of persons under 18 years of age is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163. These include, for example, work performed in the professions of a gas worker, driver tram and trolleybus, all types of work related to drilling oil and gas wells, as well as oil and gas production, etc.

Norms are extremely permissible loads for persons under 18 years of age when lifting and moving heavy objects manually are approved by Decree of the Ministry of Labor of Russia dated April 7, 1999 No. 7. When hiring girls, one should also take into account the restrictions when recruiting women to work (Article 253 of the Labor Code of the Russian Federation, List approved by Government Decree RF dated February 25, 2000 No. 162). Minors can exceed the norms of maximum permissible loads if this is necessary according to the plan of preparation for sports competitions and such loads are not prohibited for them for health reasons in accordance with a medical report (part four of Article 348.8 of the Labor Code of the Russian Federation, clause 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 ).

Part-time employment of minors is prohibited (part five of Article 282 of the Labor Code of the Russian Federation, Federal Law No. 55-FZ of April 2, 2014). Moreover, this prohibition applies to relationships that arose from January 1, 2014. In addition, these employees cannot be sent on business trips, involved in overtime work, night work, weekends and non-working holidays (Articles 96, 99, 268 of the Labor Code of the Russian Federation). An exception is provided only for creative workers.

Employment contract with a minor

The hiring of minor employees is carried out according to the general procedure. They must present required documents, familiarize yourself with local regulations before signing an employment contract, etc. But you also need to take into account a number of features related to their age.

Adolescents under 18 years of age are subject to a mandatory preliminary medical examination when concluding an employment contract (Article 69, 266 of the Labor Code of the Russian Federation, paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1). In practice, this means that they pass on their own and provide the employer with a medical report (certificate).

Minors cannot be tested when hiring (Article 70 of the Labor Code of the Russian Federation). If a probationary condition was nevertheless included in the employment contract, the dismissal of an employee due to unsatisfactory results is not allowed (part two of article 9 of the Labor Code of the Russian Federation, paragraph 9 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1).

Teenagers under 14 years old. By general rule, labor of children under 14 years of age is prohibited. The exception is work in cinematography organizations, theaters, theatrical and concert organizations, circuses without harming the health and moral development of the child, preparation for sports competitions (part four of Article 63 of the Labor Code of the Russian Federation). To conclude an employment contract, the written consent of one of the parents (adoptive parent, guardian) and the permission of the guardianship and trusteeship authority are required. In this case, the employment contract is signed on behalf of the child by one of the parents (adoptive parent, guardian).

Teenagers from 14 to 15 years old. An employment contract can be concluded with a teenager from 14 to 15 years old subject to following conditions(Part two of Article 63 of the Labor Code of the Russian Federation, clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1):

He is a student;

The work falls into the category of light work that does not cause harm to health;

Work is performed only in free time from study and without prejudice to the development of the educational program;

There is written consent of one of the parents (guardian), as well as the guardianship and trusteeship authority, to conclude an employment contract.

Teenagers from 15 to 16 years old. A teenager who has reached the age of 15 can enter into an employment relationship (part two of Article 63 of the Labor Code of the Russian Federation, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1):

To perform light work that does not harm his health;

If he has received or is receiving general education or left a general education organization before receiving his basic education general education or was expelled.

Teenagers from 16 to 18 years old. Adolescents over 16 years of age can be hired without parental consent (part one of Article 63 of the Labor Code of the Russian Federation). At the same time, concluding an employment contract with a citizen is possible only from the age of 18 (Article 13, 13.3 Federal Law dated July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”).

Work and rest hours

For minors, reduced working hours are established (Articles 92, 94 of the Labor Code of the Russian Federation) (table below). If a dispute arises, the employee’s actual work schedule will be confirmed by the following evidence: employment contract, working time schedule, working time sheet, sheets, documentary and electronic means of recording working time, etc. (clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1) .

Duration of working hours for minors (Articles 92, 94 of the Labor Code of the Russian Federation)

Age of the minor	Duration of weekly work	Maximum daily operating time
Up to 16 years old	No more than 24 hours	5 o'clock
From 16 to 18 years old	No more than 35 hours	7 o'clock
For students under 16 years old during the school year	No more than 12 hours	2.5 hours
For students aged 16 to 18 during the school year	17.5 hours	4 hours

Employees under 18 years of age are granted annual basic paid leave of 31 calendar days at a time convenient for them. If an employee goes on vacation after coming of age, the duration of the vacation is determined in proportion to the time worked before and after coming of age (Article 267 of the Labor Code of the Russian Federation, paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1).

As for the exercise of the right to leave, additional provisions are provided for employees under 18 years of age. It is prohibited not to provide them with annual paid leave (part four of Article 124 of the Labor Code of the Russian Federation), to recall them from vacation (part three of Article 125 of the Labor Code of the Russian Federation), or to replace vacation with monetary compensation. (Part three of Article 126 of the Labor Code of the Russian Federation).

Salary

Production standards for minors are established based on general standards in proportion to the reduced working hours. If a teenager got a job after receiving general or secondary vocational education or passed professional education in production, reduced production standards may be established for him (Article 270 of the Labor Code of the Russian Federation).

As a general rule, remuneration for work under conditions of reduced working hours is carried out as for full working time. However, wages for minors are paid taking into account the reduced duration of work, that is, as for part-time work. This must be reflected in the employment contract (sample below). However, the employer can pay them extra up to the level of wages for workers in the corresponding categories for the full duration of daily work (Article 271 of the Labor Code of the Russian Federation).

How to terminate an employment contract

At the initiative of the employee and due to circumstances beyond the control of the parties, the employment contract with a minor is terminated in accordance with the general procedure. However, in order to dismiss an employee under 18 years of age at the initiative of the employer, it is necessary to obtain the consent of the state labor inspectorate and the commission for the affairs of minors and the protection of their rights at the place of residence of the minor. If the consent of at least one of these bodies is absent, the dismissal may be considered illegal. An exception is the dismissal of a teenager upon liquidation of an organization or termination of activities. In this case, the consent of the state labor inspectorate and the commission for minors and the protection of their rights is not required (Article 269 of the Labor Code of the Russian Federation, paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1).

If the employer allowed a person under 14 years of age to work (violated the law), the court has the right to recognize the employment contract as concluded from the date of actual admission to work. However, such an agreement will need to be terminated due to a violation of the rules for its conclusion (Clause 11, Part 1, Article 77 of the Labor Code of the Russian Federation). In this case, the minor is paid severance pay in the amount of average earnings (part three of article 84 of the Labor Code of the Russian Federation, clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1). However, the opportunity to continue working is not excluded if the minor has already reached the age at which employment is permitted.

Parents of a minor employee can influence labor relations. Thus, the parent (guardian) of the child, as well as the guardianship and trusteeship authority, have the right to demand termination of the employment contract with a student under 15 years of age if the work has a negative impact on the child’s health (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1).

For orphans and children left without parental care (for example, when parents are deprived of parental rights), additional guarantees are provided for dismissal due to the liquidation of an organization, reduction in numbers or staff. For these categories of employees, employers (their legal successors) are obliged to provide, at their own expense, the necessary vocational training with their subsequent employment in this or another organization (Article 9 of the Federal Law of December 21, 1996 No. 159-FZ).

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 can cause harm 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 offense.

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 a fixed-term employment contract, then he will have to conclude a contract 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 set shorter working hours. 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 (shift)
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 time of minor students working during the academic year in their free time from school 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, he will have to be given 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 he 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 the educational institution in accordance with the legislation on education.

Therefore, in addition you will receive from him:

(or) a document confirming receipt of general education;

(or) a certificate from an educational institution indicating 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.

It is not so often that we encounter the hiring of persons under eighteen years of age. If the company’s activities are not related to sports or creative areas, then managers, as a rule, try not to use the labor of this category of people in their enterprise. Hiring minors involves increased responsibility and additional responsibilities. Employees in this category have expanded rights. Labor relations with minors are regulated by the Labor Code (hereinafter referred to as the Code), or rather Chapter 42, and other regulatory documents.

A mandatory requirement for the activities of minors is their safety for health or moral status. It should not interfere with education.

It will be useful for the employer to know that part-time work for persons under eighteen years of age is prohibited. The law has a negative attitude towards involving this category of employees in overtime work. Business trips and work at night, as well as during weekends or holidays, are regarded as a violation of labor standards established for minors. When interacting with these employees and signing an employment contract, you should be aware of possible restrictions and basic requirements.

Required documents and hiring procedure

On prisoners employment contracts parents, representatives, as well as guardianship and trusteeship authorities can influence (i.e. make claims of disagreement with the fact of conclusion or the points contained in the agreement). This right is established by law (clause 23 of the Plenum Resolution number 1). It states that parents or representatives of a person under 18 years of age may terminate a contract concluded with an employee under 15 years of age in the event negative influence work on his health.

A special labor procedure has been established for minor orphans and children left without parents in the event of deprivation of parents' rights in accordance with article number 9 of the Law of December 21, 1996, number 159. This norm obliges employers, at their own expense, to provide vocational training to the listed categories, if they were dismissed due to liquidation of the enterprise or reduction.

Hiring minors is a responsible step, just like hiring other citizens. Due to certain inconveniences that managers face, people under 18 years of age are not in great demand in the labor market. The law reliably protects the rights of minors, without forgetting to assign them responsibilities. The procedure for registering employment relationships with persons under 18 years of age is the same as for other categories of citizens. The conclusion of a well-drafted contract guarantees respect for the rights of both the employee and the employee.