Hiring a minor worker. We are hiring a teenager

Labor Code The Russian Federation does not prohibit hiring workers who are under 18 years of age. But this does not apply to all types of activities. There are restrictions on working conditions for children, because the child must first learn and develop. If your company’s activities are included in the list of permitted activities, then you may well hire underage worker. Working conditions for children are regulated by Ch. 42 of the Labor Code of the Russian Federation, requirements of SanPin 2.4.6.2553/09 and Decree of the Government of the Russian Federation No. 163 of 2000.

Children can work different ages. There are, of course, special instructions that a contract can only be concluded with a child who has reached the age of 16, but in practice labor Relations may occur earlier. Children can work in the entertainment industry: this could be cinema, theater, children's music or dance groups, a circus, and even advertising. The child receives not only pleasure and education, but also material rewards for participating in successful projects. Therefore, the employer should study information about when using minors is not a crime.

There are special instructions that a contract can only be concluded with a child who has reached the age of 16, but in practice, labor relations can arise earlier.

Sphere of employment for minors

The law allows the employment of children starting at age 14 (sometimes earlier), but not in all areas of activity. You can see the permitted areas of activity in Government Decree No. 163 of 2000. Working conditions for minors are regulated by Article 265 of the Labor Code of the Russian Federation.

You do not have the right to employ a child if:

1. The position involves working with chemical substances, as well as with dangers threatening life and health.
2. The job involves loading and unloading goods and delivering products.
3. The position refers to service personnel: cleaner, janitor, nanny, waiter.
4. The workplace is located in networks related to the sale of alcohol and tobacco.
5. The field of activity poses a threat to the moral and psychological development child.
6. The establishment's opening hours start at 22:00.
7. Work involves travel, with the exception of sports and creative work.
8. This is a part-time activity.

Temporary restrictions on work

If the standard conditions for an employee are focused on a 40-hour working week, then for children the working hours are slightly different. Working hours depend on age.

Working hours of a minor employee:

1. 7 hours a day or 35 hours a week - for a teenager over 16 years old who is not attending an educational institution.
2. No more than 4 hours a day if a child over 16 years of age has student status.
3. Up to 5 hours a day, but no more than 24 hours a week - for a child under 16 years of age.
4. Working hours are reduced to 2.5 hours a day or 12 hours a week if a teenager under 16 continues to study.

The employer is obliged to know the time that the child can devote to work. If you have any doubts, you can be guided by the requirements specified in Art. No. 92 Labor Code of the Russian Federation.

Sometimes special conditions cannot be complied with due to the child’s area of ​​employment. This has to do with creative direction, when a troupe, group or other composition is sent on tours, competitions or other events that last longer. A minor worker must be provided with additional rest so as not to harm his health, both physical and moral. Often on such trips, the child is accompanied by parents or guardians who monitor working hours, or such responsibility is assigned to the manager or teacher.

A minor worker must be provided with additional rest so as not to harm his health, both physical and moral.

How to formalize labor relations

To accept a minor employee into an organization, it is necessary to collect certain documents, namely:

1. Passport of the child, if he is 14 years old.
2. Birth certificate for those under 14 years of age.
3. Consent of parents and guardians to enter into an agreement.
4. Permission from the authorities that control the living conditions of children - guardianship authority, educational institution.
5. Medical certificate about the child’s health status.
6. Pension certificate.
7. Work book, if employment is not primary.
8. Documentation of professional skills, if available.

Not every situation requires the provision of all documents from the list. This must be taken into account depending on the circumstances, based on the age of the minor.

Sometimes a child graduates earlier than expected. This may be due to his talent (passing exams as an external student) or exclusion from the general educational institution for poor academic performance and violation of discipline. Then the teenager can get a job in the morning or a 7-hour working day, because there is no need to go to school and prepare for lessons. A job applicant must additionally provide a certificate stating that he is not a student.

If a minor employee is studying in the evening, by correspondence or remotely, then he must bring you a certificate from the place of study, this will be proof that you do not violate the working hours established by law.

Employment contract

Based on the fact that you decide to hire an employee who belongs to the preferential category of employees, the contract must be drawn up in accordance with state regulations.

An employer does not have the right to hire a child without obtaining the consent of the parents or guardians. Therefore, they must be present when preparing documents.

An employer does not have the right to hire a child without obtaining the consent of the parents or guardians.

The contract cannot be concluded unless permission to work for the minor is granted from the guardianship and trusteeship authorities. You can request this form from the guardianship authorities, and the child’s parents can also do this. An employment contract with a child from 14 to 18 years old can be drawn up on the basis of the consent of the parents and the board of trustees. Consent must be in writing.

If you often employ minors, you can prepare a standard form for such consent. Usually it is written in free form, indicating the details of both parties and the child’s data.

Please note that the employment agreement for a minor employee is different from that for an adult employee.

The employment agreement must indicate:

1. Working conditions provided by the employer.
2. The duration of working hours or schedule must be clearly defined and not coincide with the time the child attends educational institutions.
3. The child cannot be occupied after 22 hours. This violates the rights of minor workers and the curfew.
4. A specific clause can include parental consent to employment, if this is not issued on a separate form.
5. The right to vacation is prescribed, because children are the same workers and their right to vacation should not be infringed. The duration of vacation for any type of employment is 30 calendar days. A junior employee cannot be recalled from vacation.
6. There is no financial liability for a minor employee. This clause is excluded from the contract.
7. There is no probationary period.

An employer cannot force a child to be held accountable unless the fact of intentional damage to property due to alcohol, narcotic, or psychotropic intoxication is proven.

The agreement must be signed by all parties: the employer, parents, a representative from the guardianship and trusteeship authority and the child. Sample employment contract you can see .

Children earn money not only from the age of 14, but also earlier. provides for this fact, but establishes certain restrictions. The main condition of the contract for children under 14 years of age: it can only be signed in the field of creative activities. This could be a theater, cinema, advertising company, etc. But a child cannot work there as a cleaner or assistant, he can only be involved in the process itself as a hero or performer.

When a child is employed, in addition to the contract, a work book is also filled out. Its acquisition is carried out at the expense of the employer. The design must meet all requirements. Filling out is carried out by an employee of the HR department after issuing an order to hire a child.

As you can see, the step-by-step procedure for hiring a minor employee is similar to the standard situation. It is only necessary to take into account the child’s benefits and voice them in the contract.

The contract can be fixed-term or indefinite. It is more profitable for you as an employer to register fixed-term contract to avoid problems when conditions for terminating the relationship arise.

Situations are different. Based on the fact that the regulation of children’s labor is quite serious, the employer has the right to terminate a contract with a minor on his own initiative only on the basis of a decision of the labor inspectorate and the commission for minors ().

The employer has the right to terminate an employment contract with a minor employee on his own initiative only on the basis of a decision of the labor inspectorate and the commission for minors.

Salary

Once a child is hired, he will receive a salary. Remuneration depends on the type and duration of employment. This criterion is determined individually. But there is also a nuance: a child, like any other employee, is protected by law, and monetary remuneration cannot be lower minimum size wages (minimum wage).

For example, if the payment for one hour of work is set at 100 rubles, then a minor worker cannot receive a lower rate. If the enterprise has established standards, then for the child they should be calculated in proportion to his age and load criterion.

Let's say a small employee can work 2 hours a day. The cost of one hour is 100 rubles. For one shift he should be credited 200 rubles. Whereas an adult worker can be at the workplace for 8 hours and his shift will be closed in the amount of 800 rubles.

Behind Good work you can reward your minor employee with a bonus.

The issuance of money can correspond to an established schedule (advance and settlement) or be issued on a daily or weekly basis.

Once a child is hired under a contract, then deductions must go to the tax service for him, Pension Fund and the Social Insurance Fund on general terms.

Once a child is hired under a contract, then contributions must be made for him to the tax office, the Pension Fund and the Social Insurance Fund on general terms.

Based on the average earnings, the child is awarded a leave allowance, which must be provided at the request of the employee. An exception for this category of employees is the period when the employee can take advantage of a well-deserved rest. The first leave is granted regardless of whether the person has worked for 6 months or not. Cash are issued on general principles.

The rights of minor workers also apply to the provision of medical services, i.e. the child has the right to sick leave and payment of appropriate benefits.

Let's sum it up

The legislation of the Russian Federation does not prohibit hiring minor applicants. But all the rights of the child must be respected. If you are a responsible employer, then be sure to conclude an agreement with the young employee and his representatives in accordance with all the rules of the Labor Code.

Before starting an employment relationship, do not forget to ask for a medical certificate about the applicant’s health status. If there are restrictions, they must be taken into account. The employer's obligation will include the cost of an annual medical examination of the child to ensure that there is no possibility of harm. Guardianship and trusteeship authorities use all means of protecting a minor worker from the outside, so be prepared for inspections.

If your institution has a vacant position suitable for a child, then do not be afraid to hire a minor. A child is the same employee who strives for his own well-being without violating the employer’s conditions. The main thing is to follow the principles of regulating the labor of minor workers and not exceed your authority. If you do everything according to the law, you will avoid problems with law enforcement agencies.

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 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 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 wages, labor protection 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 grade XI (XII) - 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 break labor legislation, for which the organization and its leader may be fined during 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 it has already worked before);

Certificate of a citizen subject to conscription for 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 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.

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

The step-by-step hiring procedure (paperwork) for a minor worker is carried out in the same way as with adults.

However, when drawing up a contract, 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:

1. 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.
2. Work must be carried out on time not studying and treat work with easy conditions.
3. Teenagers from 14 to 16 years old conclude contracts independently after obtaining the consent of parents or guardians.
4. A teenager over 16 can absolutely enter into a contract on one's own.
5. 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 a 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:

1. Identity document.
2. Work book (if there is none, the head of the organization is obliged to issue it within a week).
3. When hiring a minor aged 17 years, you will need a document confirming registration with the Military Registration Office.
4. 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:

1. Certificate on completion of basic education.
2. If there is no certificate, certificate of completion of education in absentia form(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:

1. Consent of legal representatives.
2. Permission from the guardianship authorities on a special form.
3. 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 day . Its duration can be increased;
• Persons under 18 years of age can receive additional leave if they wish. In the first year labor activity 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.

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

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:

1. work restrictions;
2. quotas, which are an additional guarantee of employment;
3. 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 of primary and secondary educational institutions 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.

Involving a minor applicant in an organization is associated with a number of restrictions for the subject entrepreneurial activity. On the one hand, this may cause the entrepreneur’s reluctance to hire such applicants for any position.

On the other side, this development events provide a number of benefits for both the teenager and the employer. For the first - gaining work experience and certain skills directly related to his upcoming activities. For the second - an employee who is ready to do work that does not require full-time work, which allows saving money on wages.

Dear readers! Our articles talk about typical solutions legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:

At what age can teenagers work under the Labor Code?

Employment of minors is no longer uncommon. This category includes persons under the age of 18, but who have already turned 14.

In accordance with the Labor Code, the employment of such workers is required to be carried out according to certain rules. The presence of special benefits and restrictions on the actions of the employer regarding an employee under 18 years of age helps to protect the latter from unwanted problems with health and moral development.

Download the form for an employment contract with a minor for free.

The Labor Code of the Russian Federation does not prohibit minor citizens from applying for their preferred position under an employment contract, but puts forward certain requirements both to job seekers and employers. The main and most common are:

1. Availability of written permission from the parents or official guardians of the child.
2. The applicant has a minimum education, which is basic secondary education.
3. Reaching the age of at least 14 years.
4. No contraindications related to health status.

As stated in Article 63 of the Labor Code of the Russian Federation, labor relations can be formalized with citizens whose age on the day of signing the document is at least 16 years old.

But we indicated 14 years of age in the list, since at this time a teenager also has the right to be registered with a company. Then the document on his employment will be signed by parents or guardians.

Recruitment

To ensure that a teenager’s placement in an organization as an employee goes as smoothly as possible. competently from a legal point of view, not only the applicant himself, but also the employer must familiarize himself in advance with the main features of concluding an employment contract with such an employee.

Documented employment of minors is carried out on a general basis. According with Article 66 of the Labor Code of the Russian Federation The employer is required to issue a work book for the new employee. There are no age restrictions in this matter. For this reason, to obtain a work book, you must provide:

1. identification document - passport or birth certificate;
2. document on education, which can be not only a diploma or certificate, but also a certificate from educational institution, in which a minor receives education, or, for example, an academic record book.

Additionally, the employer may require only those documents on the basis of which information will be entered O military service and training.

Dismissal at the initiative of the employer

According to Article 269 of the Labor Code of the Russian Federation termination of an employment contract with a minor employee may be at the initiative of the employer only under specific circumstances. These include:

• termination of activity by an individual entrepreneur;
• liquidation of the organization;
• approval from the state labor inspectorate and the commission on juvenile affairs.

In the latter case, the employer for the reason for which the teenager will be fired must send applications to the relevant organizations. The application must contain a request for permission to terminate the contract with the minor employee.

You can download a sample application for permission to terminate a contract.

If necessary, the employer should attach to the application documentary evidence of the reasons why he is going to dismiss the teenager working for him. The response to the appeal is sent either to email address, or by mail to the actual address, depending on the form of transmission by the employer.

When termination of a contract occurs at the end of its validity, or at the initiative of a minor, then notification is sufficient 3 days before the end of the activity from the relevant party.

We learn more about the peculiarities of work from the video: