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

Features of hiring minors

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

Hiring a minor worker

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

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

Procedure for hiring minors over 14 years of age

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

What documents should a teenager provide when applying for employment:

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

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

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

Hiring a minor aged 16 years

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

Medical examination when hiring a minor

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

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

Order for hiring a minor - sample

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

Hiring a minor (Shtatnova L.F.)

Date of article posting: 07/21/2014

Do you want to hire a minor, but think that the registration process will take too much time? In fact, there is nothing complicated about this if you know what restrictions and prohibitions, as well as guarantees, are established in labor legislation.

The start of summer holidays is just around the corner. Teenagers will have more free time, and many of them will want to get a job. But most companies are hesitant to add minors to their workforce. Thus, many employers believe that it is pointless to hire teenagers - they will work for a couple of months and quit, and the organization will have to look for an employee again. Yes, in some cases young people are looking for work only during the holidays, but there are also those who want to work on a permanent basis, despite being busy with their studies.
At the same time, for organizations, hiring a minor is a good chance to save money, as well as find employees who can become very valuable personnel in the future. Indeed, with the participation and assistance of the employer and the team directly, teenagers can be raised to be responsible, purposeful, efficient, and most importantly, possessing practical knowledge workers.
Also, labor legislation contains many features that must be taken into account and observed when hiring a minor. And even if you have the desire and opportunity to hire a teenager, the presence of all sorts of “buts” and “ifs” is sometimes scary. But everything is not as difficult as it might seem. Let's look at the main features.

At what age and for what job can a teenager be hired?

Labor legislation establishes very strict requirements for the age of a minor, from which the employer has the right to conclude an employment contract with him. Thus, as a general rule, it is allowed to hire teenagers who are over 16 years old (Part 1 of Article 63 of the Labor Code of the Russian Federation).
However, it is not prohibited to enter into employment contracts with persons under 16 years of age. But only if you comply following conditions:
- minors aged 15 years who are receiving (have received) general education can be hired to perform light labor (Part 2 of Article 63 of the Labor Code of the Russian Federation);
- minors aged 14 years who are receiving general education can also be hired, but only to perform light labor in their free time from school (Part 3 of Article 63 of the Labor Code of the Russian Federation). At the same time, the employment of a fourteen-year-old teenager occurs only with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority.
In most cases, teenagers can be hired as courier, waiter, promoter, etc., as well as involved in servicing cultural events, harvesting, landscaping and landscaping the city, etc.
Regardless of the age of a minor, he must not be involved in work that may cause harm to health and moral development. Decree of the Government of the Russian Federation dated February 25, 2000 N 163 approved the List of heavy work and work with hazardous or dangerous conditions labor, in the performance of which the use of labor by persons under 18 years of age is prohibited. These include work performed in such professions as conveyor operator, crusher, tire balancer, tire collector, gas cutter, gas welder, and so on; this list is very extensive and compiled for various industries.
Regarding work activities that can cause harm to the health and moral development of a teenager, this, in particular, includes work:
- production, transportation and trade of alcoholic beverages and tobacco products, as well as narcotic and other toxic drugs;
- in the gambling business;
- in nightclubs, bars, cabarets.
Minors cannot be employed in the civil service, as rescuers in professional emergency rescue services and formations, in departmental security, or involved in working with erotic materials or working in religious organizations.
If the work of a young employee involves carrying and moving heavy objects manually, then lifting and moving them is allowed only within the limits of the Standards set out in Resolution of the Ministry of Labor of Russia dated 04/07/1999 N 7. For example, for a sixteen-year-old boy, the maximum weight of a load constantly lifted and moved manually is during a work shift is 4 kg, and for a sixteen-year-old girl - 3 kg. In this case, the mass of the cargo must include the mass of containers and packaging.
Thus, these requirements are mandatory for the employer. If they are not observed, regulatory authorities may hold the organization liable for violation of labor laws in accordance with Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

Features of work

In addition to the above restrictions, labor legislation also establishes a considerable number of benefits and guarantees regarding the labor of minors.
Firstly, a minor can be hired only after he has passed a preliminary medical examination (Article 69, 266 of the Labor Code of the Russian Federation). After passing the medical examination, the teenager is given a conclusion which will indicate whether or not he can perform work in a certain profession. If the conclusion states that a minor cannot work in the position for which he wants to get a job, then the employer does not have the right to hire him for it.

For reference. It is allowed to employ minors (under the age of 14) to work in cinematography organizations, theaters, theater and concert organizations, circuses, physical education, sports and other organizations. Minors can be hired by these organizations only to participate in the creation or performance (exhibition) of works. It is necessary to have the consent of one of the parents (guardian) and permission from the guardianship and trusteeship authority (it indicates the duration of daily work and other conditions). The employment contract is signed on behalf of the employee by his parent (guardian).

A teenager should be sent not only for a preliminary, but also for a periodic medical examination, that is, once a year until he reaches adulthood. All medical examinations of a teenager are carried out at the expense of the employer (for more details, see the article “Medical examination at the expense of enterprises” in the magazine “Practical Accounting” No. 10, 2013). During the periodic medical examination (examination), the employee retains his average earnings.
Secondly, the young employee is given a reduced work time(Articles 92, 94 of the Labor Code of the Russian Federation). The length of working time for a minor depends on many factors. So, as a general rule, the working hours are:
- for workers under 16 years of age - no more than 24 hours a week;
- for workers aged 16 to 18 years - no more than 35 hours per week.
Wherein given time is halved if the teenager combines work with study, that is, works during school year V free time(the academic year includes the periods of autumn, winter and spring holidays). Therefore, the working hours should be:
- for persons under 16 years of age - no more than 12 hours per week;
- for persons aged 16 to 18 years - no more than 17.5 hours per week.
Also, the provisions of labor legislation limit the daily duration of work of a teenager. It is 5 hours for workers aged 15 to 16 years, and no more than 7 hours for workers aged 16 to 18 years. When combining work with study, these hours are halved (from 14 to 16 years old - 2.5 hours; from 16 to 18 years old - no more than 4 hours).
It is worth noting that you can also hire a minor on a part-time basis (Article 93 of the Labor Code of the Russian Federation).
Thirdly, the duration of the annual paid leave of a minor is 31 calendar days (Article 267 of the Labor Code of the Russian Federation). Leave is granted at the request of the young employee at a time convenient for him. In this case, rest can be provided before the expiration of six months of continuous work in the company (Article 122 of the Labor Code of the Russian Federation).
At the same time, in relation to employees under the age of 18, it is not allowed to transfer vacation to next year(Article 124 of the Labor Code of the Russian Federation); recall from vacation (Article 125 of the Labor Code of the Russian Federation); replacement of vacation with monetary compensation (Article 126 of the Labor Code of the Russian Federation).
Also, a minor must be granted study leave (Articles 173 - 177 of the Labor Code of the Russian Federation) if he combines work, for example, with obtaining a secondary education vocational education programs for training skilled workers. Wherein educational institution must have state accreditation (for more details, see the article “All about educational recreation” in the journal “Practical Accounting” No. 12, 2013).
Study leave is granted in calendar days(time calculation includes non-working hours holidays which occurred during vacation). Vacation may be divided into several parts, but the total number of days should not exceed established standards. This “rest” is not extended under any circumstances (eg illness). However, if the young employee has not recovered after the end of his vacation, then starting from the day when he was supposed to return to work, he is accrued temporary disability benefits.

Note! From January 1, 2014, minors can be hired as part-time workers, except in cases where the work involves harmful or dangerous working conditions (Article 282 of the Labor Code of the Russian Federation). These amendments to the Labor Code were introduced by Federal Law dated December 28, 2013 N 421-FZ. Previously, teenagers were prohibited from engaging in part-time work.

Fourthly, a minor is always hired without probationary period. The establishment of a probationary period is expressly prohibited by Art. 70 of the Labor Code.
Fifthly, the employer does not have the right to enter into agreements with a teenager on full individual or collective (team) financial responsibility. Thus, as a general rule, a young employee is liable for damage caused to the employer only within the limits of his average monthly earnings. However, there is an exception. If the damage was caused intentionally, while under the influence of alcohol (drugs, toxic substances), or as a result of committing a crime or administrative offense, then the teenager can be brought to full financial responsibility.
Sixthly, with time-based wages, wages are paid taking into account reduced working hours. When combining work and study, remuneration is made in proportion to the time worked or depending on output. If a teenager is allowed to do piecework work, then payment is made at the established piecework rates.
Seventh, in accordance with Art. 268 of the Labor Code, teenagers cannot be sent on business trips, involved in overtime work, night work (from 22.00 in the evening to 06.00 in the morning), on weekends and non-working holidays (an exception is made only for creative employees and athletes). Also, minors should not be allowed to work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).
Eighth, the young employee’s working conditions must meet sanitary requirements approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 30, 2009 N 58.
So, we found out what prohibitions and restrictions apply to the work of a teenager, as well as what nuances exist. Now let's look at the procedure for hiring a minor.

What documents do I require?

The main list of documents submitted to the employer by a future employee is enshrined in Art. 65 Labor Code. Thus, adolescents aged 15 to 18 years old must present the following documents:
- passport or other identification document;
- work book (if available);
- insurance certificate state pension insurance(if available);
- a document on education or qualifications (availability of special knowledge) (when applying for a job that requires special knowledge or special training);
- military registration document for persons subject to conscription military service(registration certificate, which is most often issued from the age of 17);
- a certificate from a medical institution confirming a medical examination with a “healthy” conclusion.
If the teenager is between 14 and 15 years old, then in addition to the above documents, the following will be required:
- a document confirming the consent of one of the parents (guardian) to conclude employment contract. Form of this document not established, but it must be drawn up in writing indicating the passport details of the person giving permission to employ the minor;
- a document confirming the consent of the guardianship and trusteeship authority for the employment of a minor (Part 3 of Article 63 of the Labor Code of the Russian Federation);
- certificates from educational organization indicating the training mode.
Only if these documents are available, an employment contract can be concluded with a minor.

Preparation of documents for hiring and dismissal

The conclusion of an agreement with a minor occurs according to generally established rules. So, before signing a contract, a teenager should be familiarized with the internal labor regulations, job description and other local regulations.
The employment contract must not contain the following conditions:
- about the probationary period;
- full financial responsibility;
- availability of business trips;
- about working on a rotational basis;
- about working at night, on weekends and holidays.
After signing the employment contract, you should issue an order for employment in form N T-1 (N T-1a) (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1) or in the form that is approved by the organization. Next, the relevant entries are made in the work book, and the employee’s personal card is also filled out. If a teenager being hired does not have a work book or pension certificate, the employer is obliged to issue them independently.
The dismissal of a teenager also applies general rules, enshrined in the Labor Code (for example, he can resign due to at will, by agreement of the parties, etc.). However, the dismissal of a minor at the initiative of the employer is allowed only with the consent of the State Labor Inspectorate and the Commission for the Affairs of Minors and the Protection of Their Rights (Article 269 of the Labor Code of the Russian Federation). This requirement does not apply to dismissal due to the liquidation of an organization or termination of the activities of individual entrepreneurs.

To be employed, a child under 18 years of age must provide consent from one of the parents or guardian or trustee.

We will determine how the consent should be formalized, which points in it are mandatory and what the parent should not forget when writing.

Rules for writing parental permission to work for a minor child

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Working child. In the twenty-first century, this will surprise few people. European and Western countries have long been accustomed to child labor. In Germany, thirteen-year-old children deliver mail, work in agricultural enterprises, and participate in the organization and conduct of all kinds of sporting events. More than 45% of students in Germany are working between the ages of 13 and 16. (Of course, in your free time from your main studies). In the US, teenagers also have the right to work. However, each state has its own laws limiting the age and hours of work for minors. Most states allow children under 13 to deliver mail and participate in family business. From the age of fourteen they can work on the telephone - as dispatchers, delivering food, selling tickets in cinemas. Child labor is no less popular in Britain. There are more than three million registered in this country underage workers. UK law allows children under 12 years of age to be employed. However, by law they can work no more than three hours a day. British minors work in small cafes and shops. What is the situation with the employment of teenagers in Russia?

At what age, how many hours, who and where can a teenager work?

Employment of teenagers in Russia

In accordance with the Labor Code of the Russian Federation, heads of companies and organizations can enter into agreements with young citizens who are already 16 years old.
Fifteen-year-old children are hired upon presentation of a certificate of completion of 9 grades. But they can easily get temporary work during school holidays.
According to the technical specifications in our country, students who have reached the age of 14 can get a summer job. However, their employment is possible only if written permission is provided from one of the parents and the guardianship or guardianship authorities.

Teenagers (for obvious reasons) are trying to start their labor activity as soon as possible. And this is quite natural. After all, not all parents are able to provide for them required quantity pocket money. Teenagers want to feel independent as quickly as possible. In addition, many of them have already decided on future profession and want to gain experience during the holidays. Of course, every teenager has their own reasons for employment, but everyone has the same desire - to start earning their own money without violating the current legislation.

How many hours can a teenager legally work?

Between the ages of 15 and 16, a child can work 5 hours a day.
A teenager between 16 and 18 years old can legally work 7 hours a day.
If a teenager between 14 and 16 years old is going to combine work with study , then the work shift should not exceed two and a half hours a day (during educational process). During holidays, work hours may be twenty-four hours a week. From 16 to 18 years old - no more than three and a half, four hours while studying. On holidays – 35 hours a week.

Peculiarities of employment of teenagers

There is no probationary period for minor workers. Teenagers under 18 years of age must undergo a medical examination. The organization is obliged to issue a work book and SSGPS to the new employee. Vacation - 31 calendar days. Paid in full. The young employee can set the vacation time at his own discretion.

The law prohibits the employment of young applicants with inappropriate working conditions.
Children should not be employed in harmful, dangerous industries.
An employer does not have the right to employ teenagers in enterprises with difficult working conditions.
No business trips, night shifts, or work on holidays.
Teenagers are prohibited from working: in bars and nightlife establishments, in gaming clubs!

How to get a job for a teenager: basic rules

The Labor Code contains restrictions regarding minor workers.

Rules for hiring minor candidates

Passing a full medical examination.
A labor agreement must be concluded with sixteen-year-old candidates.
There is no probationary period for minor employees.
For applicants who have not yet turned eighteen years old, a work schedule is established strictly regulated by Article 94 of the Labor Code.

Plastic bag necessary documents for device teenagersto work

Passport, birth certificate.
Certificate of completion of education. The student must submit a class schedule to Human Resources.
Written permission from parents to employ a child. This document is written in free form. The permit does not need to be registered anywhere. The document must only bear the signature of one of the parents.
If a minor applicant is not yet sixteen years old, he needs to submit a consent document from the guardianship authorities to the human resources department.

Employment of disabled children in Russia

In our country, disabled teenagers also have the right to work. However, upon employment, they must submit, along with the above documents, a certificate of disability and detailed medical recommendations, intended for a potential employer.

Having collected the package of the above documents, the young employee writes a job application. The application is endorsed by the employer, who also signs the employment order, concluding an employment contract with the young employee. In the HR department, a personal card for the employee is created and issued employment history, which contains the first entry.

Summer jobs for teenagers: 10 options

We have listed only some of the types of jobs for which teenagers are most willingly hired. If you are not interested in any of the proposed options, do not rush to get upset. On the Internet today there are a lot recruitment agencies, which help teenagers with employment. There are also specialized youth labor exchanges. The main thing is desire - and work will definitely be found.

I would like to give all the guys who read our article one, but very important advice: Before getting a job, consult with your parents. Find out their opinion about the job offered to you. Advice from someone who has life experience, hasn't bothered anyone yet.

This work book, the first wage, new friends and useful work– doesn’t it make sense to try! As practice shows, most of today's multimillionaires began their careers with a summer job in adolescence. Who knows, maybe in ten to fifteen years your name will appear in the top ten of Forbes. Good luck!

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. As a general rule, the 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 if the following conditions are met (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 labor Relations(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):

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 of age 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, a parent (guardian) of a child, as well as a guardianship and trusteeship authority, have the right to demand termination of an employment contract with a student under 15 years of age if the work affects Negative influence 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).