Every citizen of Russia has the right to work, including those under 18 years of age. What privileges does a teenage employee have, and how should he apply for a job?
Features of hiring minors
According to the law of the Russian Federation, persons under 18 years of age also have the right to work. But due to their age, they have a list of restrictions and advantages when applying for employment. The criteria for enrolling this category of employees on staff are established in Labor Code
Hiring a minor worker
The step-by-step procedure for enrolling a person under 18 years of age has a number of differences from the standard one, but they are minor. For example, teenagers cannot be assigned to probation(Article No. 70 of the Labor Code of the Russian Federation). A special labor procedure has been established for them, in accordance with the norms of labor legislation (Article 94).
For those who have not yet turned 16, you must obtain written approval from the guardianship authorities for employment. Approval is issued based on a study of the work schedule and medical examination data of the minor. After providing all these papers, you can begin the registration process, which is no different from the standard one.
Procedure for hiring minors over 14 years of age
According to the law, it is impossible to conclude a work contract with a teenager under 16 (Article 21 of the Labor Code). But a contract can be signed with the approval of official guardians and guardianship authorities, stating that the teenager will perform light work, without harm to the growth of the body and health. AND negative influence for the educational process.
What documents should a teenager provide when applying for employment:
- personal identification document;
- certificate of education or certificate from the school where the teenager is studying;
- parental approval in writing;
- consent of the guardianship authorities.
The list of acts is established by Article 65 of the Labor Code Russian Federation. Fourteen-year-old children receive the same benefits and benefits as other employees. That is, they are paid a salary at a level not less than the minimum level, but based on hours worked (Article No. 271 of the Labor Code)
Minors can receive extended leave, lasting 31 calendar days, at a time convenient to the employee. The working time of a 14-year-old teenager is two and a half hours, taking into account the time spent on the educational process.
Hiring a minor aged 16 years
If a citizen who is already 16 years old is employed, then the consent of the guardianship authorities for employment is not required, only from the parents. From the age of 16, a work shift lasts up to four hours, while the young worker combines work and study. If he is no longer studying, then the work shift is five to seven hours, including a break. He has the right to receive bonuses and additional payments, just like other employees.
Medical examination when hiring a minor
A medical examination of a person under 18 years of age is carried out upon the direction of the head. A minor employee must undergo a follow-up examination by an occupational pathologist. Minors are required to undergo a medical examination before entering work; this is required by law. They must undergo the procedure annually until they reach adulthood.
The task is to identify a teenager’s potential to perform work without negatively affecting the processes of growth and development. young body. The level of influence of work factors on the health of a teenager is also determined, and the compliance of his skills with work requirements in a particular area is determined. The obligatory medical examination is established by the Decree of the State Medical Examinations Council of the Russian Federation, number 58.
Order for hiring a minor - sample
The manager’s order to hire a minor is drawn up according to standard sample form number T-1. The document indicates the name of the enterprise, the identification number of the act, and the date of preparation. Below is an order for the appointment of an employee (indicate full name), position, criteria and type of activity (indicate that the employee has not reached 18 years of age). Next is the date of preparation and signature of the director and employee.
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.
Form employment contract with a minor, download 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:
- Availability of written permission from the parents or official guardians of the child.
- The applicant has a minimum education, which is basic secondary education.
- Reaching the age of at least 14 years.
- 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 general principles. 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, for registration work book must provide:
- identification document - passport or birth certificate;
- 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:
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
Parents, representatives, as well as guardianship and trusteeship authorities can influence concluded employment contracts (i.e., make claims about disagreement with the fact of conclusion or the points contained in the contract). 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 can terminate a contract concluded with an employee under 15 years of age in the event of a negative impact of 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 the listed categories professional education, if they were fired due to the liquidation of the enterprise or layoff.
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.
A minor, i.e. a person under the age of 18 (Article 1 of Federal Law No. 120-FZ of June 24, 1999), can work under an employment contract with certain restrictions. When you can hire a minor and what kind of work you can offer him, we will tell you below.
Conditions for hiring a minor
The procedure for hiring minors is as follows.
In general, an employment contract can be concluded with a citizen of the Russian Federation who has reached the age of 16 years (paragraph 1 of Article 63 of the Labor Code of the Russian Federation). The conclusion of an employment contract with minors under 16 years of age is carried out to perform light work that does not cause harm to health, and taking into account the following features:
The permission of the guardianship and trusteeship authority must indicate the maximum permissible duration of daily work.
The employment contract is signed by the parent (guardian).
With foreigners and stateless persons, an employment contract is concluded at the age of 18 (paragraph 3 of article 327.1 of the Labor Code of the Russian Federation).
For individuals who are not citizens of the Russian Federation, the procedure for concluding an employment contract that is in force for Russians is applied (Clause 4, Article 13 of Federal Law No. 115-FZ of July 25, 2002). These are, for example, foreign citizens permanently or temporarily residing in the Russian Federation or participants in the Program for the Voluntary Resettlement of Compatriots (Decree of the President of the Russian Federation of June 22, 2006 No. 637), etc.
Let us also recall that when hiring minors, a probationary period is not established for them (paragraph 7, article 70 of the Labor Code of the Russian Federation).
What jobs are not suitable for minors?
Persons under 18 years of age cannot be involved in work with harmful or dangerous working conditions, work in underground work, as well as work that may harm their health or moral development (for example, working in a casino or selling alcoholic beverages or tobacco products) ( paragraph 1 of article 265 of the Labor Code of the Russian Federation). The list of heavy work and work with harmful or dangerous working conditions for which minors cannot be accepted is given in Decree of the Government of the Russian Federation of February 25, 2000 No. 163.
It is prohibited for minor workers to carry or move heavy objects that exceed the maximum standards. These standards are established by Resolution of the Ministry of Labor of the Russian Federation dated 04/07/1999 No. 7.
Hiring a minor worker
We will not provide step-by-step instructions on the procedure for hiring a minor worker in our article. After all, hiring and paperwork for minor workers are carried out similarly to the general procedure. For example, when concluding an employment contract for the first time, the employer independently prepares a work book for the employee and insurance certificate mandatory pension insurance(paragraph 10, article 65 of the Labor Code of the Russian Federation). Read about the specifics of the content of an employment contract and the dismissal of a minor employee in our separate material.
ConsultantPlus:Forums
#1 03.05.2007 09:36:04
Hiring a 17 year old
Good afternoon The following situation arose: a girl (17 years old) was hired who had official work experience based on her work book. The question of its official registration arose. Please tell me if the work for such an employee is reduced by one hour, then the salary remains the same or is also reduced.
#2 03.05.2007 12:42:31
Re: Hiring a 17 year old
"Chief Accountant". Appendix "Accounting in Education", 2005, N 3
If a teenager is 16 years old, you can already enter into an employment contract with him. A fifteen-year-old teenager, in accordance with Art. 63 of the Labor Code of the Russian Federation is allowed to work only if he has already received basic general education (that is, completed 9 classes). The organization can also hire schoolchildren who have reached the age of 14, but only if the teenager provides written consent to this from one of the parents (guardian, trustee) and the guardianship and trusteeship authority.
A document certifying the age and Russian citizenship of persons over 14 years of age is a passport. For those younger, a birth certificate with an insert confirming citizenship.
WITH a minor worker conclude an employment contract for an indefinite period or a fixed-term employment contract. But one point must be taken into account. An employer, on its own initiative, can terminate an employment contract with an employee under 18 years of age only after receiving the consent of the state labor inspectorate and the commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). Therefore, if you hire a minor employee for a certain period, it is more profitable to conclude a fixed-term employment contract.
Let's look at the basic requirements.
Teenagers under 16 years of age can only work in their free time from school. Moreover, the work should not cause harm to the health of the young worker.
When concluding an employment contract with persons under the age of 18, a preliminary medical examination is required (Article 69 of the Labor Code of the Russian Federation). Moreover, if the medical examination is paid, then it is paid for by the employer. This provision is provided for in Art. 266 of the Labor Code of the Russian Federation.
When hiring minors, a probationary period cannot be established for them.
In addition to the employment contract, the organization issues a work book and an insurance certificate of state pension insurance for a teenager entering work for the first time.
16 hours for workers under 16 years of age;
4 hours for workers aged 16 to 18 years.
Duration of working hours per week for students of educational institutions under the age of 18 working during school year during free time from study, should be reduced by another half.
The second limitation concerns the duration of daily work (shift). According to Art. 94 of the Labor Code of the Russian Federation, it cannot exceed for workers aged:
From 15 to 16 years old - 5 hours;
From 16 to 18 years old - 7 hours.
For students of primary and secondary educational institutions vocational education who combine study and work during the academic year, the duration of the shift is:
From 14 to 16 years old - 2.5 hours;
From 16 to 18 years old - 3.5 hours.
Heavy work with harmful and dangerous working conditions (List of heavy work and work with harmful or dangerous working conditions was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163);
Work that is harmful to the health and moral development of adolescents (gambling business, work in night cabarets, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs);
Carrying and moving heavy loads beyond the limits. The standards were approved by Resolution of the Ministry of Labor of Russia dated April 7, 1999 No. 7.
Teenagers under 18 years of age are prohibited from being sent on business trips, involved in overtime work, work at night, on weekends and non-working days. holidays. Such prohibitions are provided for in Art. 268 of the Labor Code of the Russian Federation.
Please note that teenagers cannot be involved in work performed on a rotational basis. It would seem, what does this have to do with educational institutions? The fact is that minors are often hired as counselors in outdoor children's holiday camps. And such work can be qualified as rotational work.
Article 242 of the Labor Code of the Russian Federation introduces serious restrictions on bringing workers under the age of 18 to financial liability.
They bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or toxic substances, as well as as a result of a crime or administrative offense.
For time-based wages wage workers under the age of 18 are paid taking into account the reduced work hours, that is, the teenager is paid only for those hours that he actually worked during a shortened work week.
Let's calculate wages for June. It will be:
96 hours x 20 rub. = 1920 rub.
With the piecework form of remuneration, wages are calculated depending on output. In this case, production standards are established based on general standards in proportion to the reduced working hours established for teenagers. That is, they pay for a specific quantity, for example, of parts that he produced in a shortened working day.
The employer has the right to pay the teenager up to the salary level of full-time employees - this is indicated in Art. 271 of the Labor Code of the Russian Federation.
Moreover, it is impossible not to let a minor go on vacation, just as it is impossible to recall him from vacation.
Moreover, a teenager’s vacation cannot be replaced with monetary compensation.
Article 267 of the Labor Code of the Russian Federation establishes for employees under the age of 18 the duration of the annual basic paid leave of 31 calendar days. And it must be provided at a time convenient for them. Average earnings To calculate vacation pay, it is calculated in the general manner.
It is necessary, however, to pay attention to the provisions of paragraph 6 of Art. 9 of the Federal Law of December 21, 1996 N 159-FZ "On additional *** for the social protection of orphans and children left without parental care." It says that if, in connection with the liquidation of an organization, reduction of personnel or staff, employees from among orphans and children left without parental care are released, then the organization or its legal successor is obliged to provide, at its own expense, vocational training with their subsequent employment in this or another organization.
Federal state educational institution of secondary vocational education
Office work
Financial independence is important for every person, but it is doubly important for a teenager who is just entering adulthood and trying to become self-sufficient.
As a result, many children on the threshold of their 16th birthday try to get a job, often unaware that the employment of a minor has its own characteristics. Not only the applicant himself, but also the employer should know about them.
What does the law say?
In accordance with current legislation, everyone has the right to work, including persons under 18 years of age.
But taking into account the young age of applicants, as well as the characteristics of their young bodies, at the legislative level some restrictions are provided for minor workers and a number of admission features are established.
Normative base
Article 63 of the Labor Code of the Russian Federation states that the employment of young workers is possible, but only if certain conditions are met, namely:
- written permission from guardians, who in most cases are the parent, as stated in Article 26 of the Civil Code of the Russian Federation;
- a certain level of education, that is, at least having a basic secondary education;
- reaching the appropriate age;
- no medical contraindications to work.
At what age can children already be employed?
Article 63 of the Labor Code of the Russian Federation states that the admission of minors is possible only upon reaching a certain age, namely 16 years. Although, as an exception, it is possible to find a job at 14 years old, but only for light work and during a period of time that is free from classes at school or other educational institution.
Also, as an exception, a minor employee may be hired at a younger age. But only if his employment is related to cinema or theatrical activities.
It should be noted that the stipulated norm of Article 63 of the Labor Code of the Russian Federation does not oblige the employer to hire a 17-year-old employee, but only allows for the possibility of employment, and even then - with written permission from the parents. And in some cases, if the child is under 16 years old - with the written consent of the guardianship authorities.
Restrictions
Even if they have a full package of documents from parents and guardianship authorities, young job seekers need to know that not all enterprises and positions they can apply for. And employers, in turn, cannot always use the labor of minors.
In particular, on the basis of Article 265 of the Labor Code of the Russian Federation, it is prohibited to engage young workers in the following types of work:
- harmful or hazardous conditions employment, including underground work;
- gambling business or work associated with psychological stress, as well as all types of activities related to alcoholic beverages, tobacco products, erotic products;
- lifting weights above the norm established for this category of workers.
Also, children under 18 years of age cannot be employed in the following cases:
Benefits and guarantees
Given the young age of workers, the legislation provides not only restrictions, but also benefits that were introduced to protect minors.
Registration of employment of minors
The Labor Code of the Russian Federation establishes a unified procedure for formalizing labor relationships. It applies to all categories of workers, regardless of their belonging to a particular social group, including minor workers.
But, given some restrictions in attracting labor, there are several nuances that you need to be aware of.
Conditions and rules of admission
- No young worker can be accepted into the enterprise without passing a medical examination.
- A young job seeker is required to provide not only normative law package of documents, but also provide a number of additional data.
- A minor employee must understand that when signing an employment contract, he is responsible for complying with all conditions. After 16 years of age, he is already obliged to be responsible for his obligations.
Within what period is the employer obliged to issue a work book to a resigned employee? See here.
Step by step procedure
Hiring minors is not much different from the same in relation to other categories of employees, with the exception of some features.
Establishing a probationary period
Based on Article 70 of the Labor Code of the Russian Federation, it is prohibited to accept young workers with a probationary period for the following reasons:
- lack of certain qualifications and work skills, which are actually tested during the testing period;
- the likelihood of psychological stress in connection with the established test;
- short period of work, because as a rule, teenagers under 16 years of age mostly work during the holidays, so there is no point in introducing a probationary period;
- performing light work that does not require special qualifications and additional testing of skills.
Operating mode
For persons under 18 years of age, a special work schedule is established, regulated by the norms of Article 94 of the Labor Code of the Russian Federation.
It says that depending on age, the following work shift duration is established:
- no more than 5 hours for workers from 15 to 16 years old;
- no more than 7 hours for workers from 16 to 18 years old;
- no more than 2.5 hours for workers from 14 to 16 years old, provided that during the day they also study at school or another educational institution;
- no more than 4 hours for workers from 16 to 18 years old who combine work with training.
Documentation
In accordance with Article 65 of the Labor Code of the Russian Federation, when accepting minors, the following package of documents should be prepared:
- passport or birth certificate;
- school certificate or a certificate about where the young worker is studying, with a schedule of classes.
But with the remaining documents that are specified in the specified article, difficulties may arise.
The same article 65 of the Labor Code of the Russian Federation states that for persons entering work for the first time, a work book is created at the expense of the employer. The same applies to the insurance certificate. Based on Article 7 of Federal Law No. 27, it is issued at the expense of the insurer, which is the employer.
There may also be problems with documents confirming military registration. Based on Article 9 of Federal Law No. 53, you can register only on the eve of your 17th birthday, but not earlier. Accordingly, it will not be possible to provide registration documents.
In addition to the above documents, the young worker also needs to present written permission from the parents for employment, which is drawn up in free form and is not subject to certification or registration with other authorities.
If a young applicant for a position is under 16 years old, he will also have to obtain the consent of the guardianship authorities, which will be issued on the basis of certain documents confirming the operating hours of the enterprise and the state of health of the child.
It should be noted that, along with other minor workers, it is also possible to employ a disabled child. He has the same rights and guarantees. When employing this category of people, you will need to add a disability certificate and medical recommendations about working conditions.
If the young job seeker has no problems with the preliminary package of documents, you can begin the procedure official registration, which is practically no different from the design of other employees.
So, an application for admission is submitted, then an order and a cooperation agreement are drawn up, a personal card is drawn up and a corresponding entry is made in the work book.
Is it possible to conclude a fixed-term employment contract with a minor? Find out here.
Is it possible to quit on a day off? See here.
The application is drawn up in free form, according to the sample below:
After a visa is applied to the application, an acceptance order is issued, a sample of which is presented on our website:
Simultaneously with the order of cooperation, an employment contract is drawn up, which is drawn up taking into account all benefits and guarantees, as well as restrictions provided for minor workers.
A sample of which can be found below:
Then, based on the completed documents, a personal card is issued.
And the corresponding entry below is made in the newly opened work book:
Example of an entry in a work book
Wages and rest days
When employed, children over 14 years of age are entitled to the same benefits and guarantees, in addition to the above, as other employees. This wage is not lower than the minimum, as stated in Article 271 of the Labor Code of the Russian Federation, but taking into account the time worked.
At the same time, young workers are subject not only to labor legislation, but also to local acts of the enterprise, the same Regulations on bonuses or wages.
That is, despite their young age, workers in this category should receive wages in the amount established at the enterprise, and not less, due to their age.
Also, on the basis of Article 267 of the Labor Code of the Russian Federation, young workers are entitled to extended leave of 31 days. It should be provided at a time that is convenient for teenagers. As a rule, young workers combine employment with study; accordingly, they are given the right to independently adjust their schedule, without prejudice to both types of employment.
At the same time, they are paid vacation pay in in full, in accordance with the law.
Almost every enterprise has work that teenagers will do with great pleasure. They not only need money for personal spending, but also the opportunity to gain experience in anticipation of adult life.
This is why young job seekers should not be turned away. Only work will give them the opportunity to grow up and gain life experience, and also bring benefits to the enterprise, albeit small, but so necessary.
Hiring a minor worker: step-by-step procedure, documents
The current legislation provides for standards that guarantee labor protection for children and adolescents. In particular, the Labor Code contains a number of provisions regulating the hiring of a minor worker. The step-by-step admission procedure includes various mandatory activities. Their specificity depends on a number of factors. Let us next consider how a minor worker is hired.
Legal aspect
In accordance with the 1966 International Covenant on Cultural, Social and Economic Rights, each state must set age limits below which the use of paid child labor is prohibited. If these limits are violated, there should also be liability for the employer. In addition, penalties should be established for the use of child labor in conditions that are harmful or dangerous to health and life. In the Russian Federation there are various regulations that ensure the protection of the rights of minors. Public policy in general, it is focused on providing this category of citizens with certain guarantees and assisting those in need of employment. Thus, regulations regulate the procedure according to which minors aged 14-18 years are allowed to be hired. In addition, the law provides for the employment of citizens 18-20 years old who are graduates of primary and secondary vocational educational institutions. Social protection category in question is carried out through the introduction of quotas for jobs. This is established in Art. 11, clause 2 of Federal Law No. 124.
Restrictions
The law quite strictly regulates the procedure in accordance with which a minor worker is hired. The step-by-step procedure for each specific group is explained in the TC. General rules are established in Art. 63. In accordance with its provisions, all enterprises, except harmful and dangerous ones, are allowed to employ a minor aged 16 years. At the same time, the legislation provides for a number of conditions, subject to which younger specialists can be included in the staff.
SanPiN
In accordance with established sanitary and epidemiological rules, it is prohibited to employ a minor aged 17 years or younger in hazardous and hazardous industries. This requirement is mandatory for all organizations and individuals that use the labor of teenagers and organize their training, regardless of departmental affiliation, type economic activity, organizational and legal status, form of ownership. Thus, it is prohibited to employ a minor aged 17 years or younger if the activity will be carried out:
- In harmful/dangerous conditions.
- Underground.
- In conditions that may adversely affect health and moral development teenager: in nightclubs and bars, gambling establishments.
Also, such young people cannot be hired if it involves trade, transportation, production of alcoholic beverages, narcotic and other toxic drugs, or tobacco products.
Additional prohibitions
Acceptance of minors is not permitted:
- For the civil service.
- In emergency rescue professional formations and service as rescuers.
- To private security.
- To other organizations in which the corresponding prohibitions are established by local acts (job descriptions, safety regulations, etc.). For example, it is allowed to hire a 14-year-old minor in a circus. However, he can perform in the air with flights only without taking off.
Classification
In civil law, minors are divided into two categories:
- Up to 14 years old. According to the Civil Code, these citizens are considered minors.
- 14-18 years old are minors.
Classification is also carried out by level of education:
- Full-time students.
- Those who have officially stopped studying or are receiving knowledge in absentia.
- Those with secondary education who are studying by correspondence or those who left training.
Hiring a minor worker: documents
The package of papers that must be provided to the employer will depend on which group the citizen belongs to. Thus, a 14-year-old applicant must submit an application. The legislation does not directly establish the completion of this paper, but in practice it is used quite often. In addition, it is very advisable to have this statement in case of a labor dispute. The Civil Code stipulates that all transactions are carried out by parents on behalf of a child under 18 years of age. This rule also applies to concluding an employment contract. Thus, the parents, on behalf of the teenager, write an application in accordance with which the minor worker will be hired. The step-by-step procedure for adding a new employee to the staff also provides for a mandatory preliminary medical examination, based on the results of which a medical report is issued. This paper should also be provided to the employer. The conclusion must indicate that the teenager’s health condition corresponds to the activities that he will perform at the enterprise. The employer must also provide:
- Written consent of the father or mother (guardian). It is expressed in free form and addressed to the head of the enterprise.
- Document on education, special training (knowledge), qualifications.
- Permission from the guardianship and guardianship authority. This document must indicate the permissible duration of work and other essential conditions. The basis for drawing up such a paper is an appeal from the parents or the employer.
- Work book (if available).
- Birth certificate/passport.
- Insurance certificate (if available).
Hiring a minor worker: step-by-step procedure
All actions related to the conclusion of an employment contract are carried out not by the teenager, but by his guardians or parents. This, however, does not relieve the employer from a number of responsibilities. In general, the procedure for hiring minors is similar to that provided for fully capable citizens. The teenager must be familiarized with all local regulations of the enterprise directly related to his activities. In particular, these include:
- Job description.
- Rules of routine.
- Schedule.
- Terms of payment and so on.
The signature on familiarization with the specified acts and the employment order is, again, not by the teenager, but by his parent/guardian.
Enrollment of citizens studying full-time
Hiring a minor at the age of 15, as well as sixteen and fourteen, is subject to mandatory compliance with a number of requirements. In particular, must be fulfilled following conditions:
- The work schedule does not coincide with study time and does not interfere with the educational process.
- The teenager is a student, for which a corresponding certificate from the educational institution is provided.
- The proposed type of activity is included in the category of light labor and does not harm the child’s health.
The legislation does not clarify the term “light labor”. However, ILO Convention No. 138 states that individual rules or legislation of a country may allow the employment of a minor employee (school student) to perform tasks that:
- They do not seem harmful to his development and health.
- Does not harm school attendance.
- Does not impair participation in career guidance/training programs or ability to implement acquired knowledge.
As a rule, employment of a minor aged 16 years or younger is carried out:
- To the courier service.
- For improvement and landscaping of urban areas.
- For harvesting.
- To serve cultural events.
- To care for agricultural crops and so on.
Regardless of the period for which a minor worker is hired - during the summer holidays or permanently - an employment contract is drawn up. As for the papers that should be provided to the employer, their list is supplemented only by a certificate from an educational institution.
Employment of persons who have completed training
A minor aged fifteen to sixteen years has the right to choose. He can further continue his studies at secondary school or leave your studies. Depending on their choice, if they want to get a job, a teenager must provide one of the following documents:
- Upon completion of education - a certificate of completion of 9 classes.
- When continuing studies in the main program not full-time (distance learning, part-time, part-time, part-time) - a certificate confirming that he is receiving knowledge at a specific institution.
- In case of termination of education with the consent of parents or in case of expulsion from school - the corresponding order of the director.
The list of other papers is similar to that given above. When concluding an employment contract with a person 17-18 years old, you must, among other things, provide an identity card of a citizen who is subject to conscription (registered certificate).
Body check
He acts as mandatory condition hiring a minor. A preliminary medical examination is necessary to establish the citizen’s health status and the ability, in accordance with it, to carry out activities in a particular profession. The conclusion of the medical commission is drawn up on a form according to f. No. 086/у. Until the age of 18, minor workers undergo a medical examination every year.
Labor contract
The employment of a minor worker (temporarily) is formalized by an appropriate order. On the basis of it, a fixed-term employment contract is concluded if a teenager is enrolled in an enterprise to perform professional activity for a period of up to two months or for a specific season. It is allowed to employ a minor worker under a contract, taking into account the restrictions provided by law, for a period of up to a year. The legislation does not provide for the establishment of a probationary period for this category of citizens.
Art. 268 TK
_01.jpg){kind=spacer}
This article establishes prohibitions that apply to minors. In particular, teenagers are not allowed:
- Send on business trips.
- Involve in activities at night, overtime, on holidays and weekends.
However, these restrictions do not apply to all minors. The prohibitions do not apply to employees:
- Cinematography organizations.
- Theaters.
- Circov.
- Concert organizations.
- Other persons involved in the performance/creation of works, according to the List of works, positions, professions, approved by government decree No. 252.
At the same time, the following prohibitions on activities should be taken into account:
- At the same time.
- Performed on a rotational basis.
- In religious organizations under contract.
It is also not allowed for minors to enter into agreements on full collective or individual responsibility.
Duration of vacation
Like other employees, minors are given rest. However, for young professionals, the legislation provides for a longer duration. Thus, minors are granted leave of 31 calendar days. The specialist can use this time at any convenient time. In this case, rest can be provided at the request of the employee until the end of six months of continuous activity at the enterprise. When a specialist combines training in accredited state educational institutions of higher, secondary or primary vocational education, he is entitled to additional leave. At the same time, his average salary is saved. It should also be remembered that the employer does not have the right to recall an employee from vacation or replace the latter with monetary compensation. In addition, the head of the enterprise is obliged to send the specialist on vacation, even if the latter asks to reschedule it.
Salary
When paying on a time basis, the calculation is carried out taking into account the reduced duration of the shift. If a minor works piecework, he is paid according to the appropriate tariffs. Salaries for specialists who study in educational institutions and carry out professional activities at the enterprise in their free time are calculated in proportion to the hours worked or depending on output. The employer can charge additional payments from his own funds:
- Up to the salary level of specialists in the corresponding categories, subject to the full duration of daily activities with a time-based calculation.
- Up to the tariff rate for the period by which the duration of daily work is reduced.
Termination of contract and financial liability
Termination of legal relations with a minor employee on the initiative of the employer is permitted with the consent of labor inspection and KDN. An exception is the termination of the activities of an individual entrepreneur or the liquidation of an organization. Minors bear full property liability when:
- Intentional causing of damage.
- Causing harm while intoxicated (toxic, narcotic, alcoholic).
- Causing damage due to the commission of an administrative or other crime.
In all these cases, an internal investigation must be carried out.
Features and age restrictions when hiring minors under 18 years of age
Hiring under 18 years of age creates certain difficulties for the employer; it can be difficult for teenagers to get into the company’s workforce.
The Government of the Russian Federation provides guarantees, including the creation of additional and quota-based jobs in organizations and training in special courses.
Let us consider the questions of whether a minor is hired at the age of 17, What are the age restrictions for hiring?
Features of hiring minors
So, at what age is employment possible according to the Labor Code of the Russian Federation? The hiring of boys and girls under 18 years of age is permitted subject to the instructions of labor regulations established in our country.
Age restrictions for hiring and types of work are prescribed in Art. 63 Labor Code of the Russian Federation. According to the document, Citizens of the country aged 16-18 are subject to employment under general conditions. Employment at 15 years of age can be carried out in the following cases:
- completion of education;
- evening (correspondence) courses;
- education interrupted on legal grounds.
Adolescents 14 years of age are allowed to work in the presence of parental or guardian consent, permission of the board of trustees. Boys and girls under 14 years of age are allowed to be employed in theaters, film studios, creative groups or circus troupes, also with the obligatory receipt of the above-mentioned consents.
Employment restrictions
According to Art. 265 of the Labor Code of the Russian Federation, teenagers under 18 years of age are prohibited from working:
- causing harm to health.
- With the rise of the unacceptable regulatory documents heaviness.
- Underground.
- Inconsistent with the moral principles of society (gaming and nightlife establishments, activities related to alcohol and tobacco products, toxic and narcotic substances, erotic goods).
According to Art. 96 and 99 of the Labor Code of the Russian Federation, it is unacceptable to involve teenagers under 18 years of age in work at night and after the end of official working hours, with the exception of creative professions. Performance job responsibilities on holidays and weekends is prohibited by Art. 268 of the Labor Code of the Russian Federation, work as part-time workers - Art. 282 Labor Code of the Russian Federation.
List of required documents
According to Art. 65 of the Labor Code of the Russian Federation, a teenager under 18 years of age should provide the employer with the originals:
- passports (birth certificates);
- work book;
- SNILS;
- educational certificate;
- registration certificate (for boys over 16 years old);
- certificate issued educational institution, on the performance of official duties by a minor during non-school hours;
- conclusions of the medical commission on suitability for health reasons;
- consent of the parent (guardian) for employment.
If the new employee does not have a work book or insurance certificate, the personnel department personnel must obtain one at the expense of the enterprise (Article 65 of the Labor Code of the Russian Federation). To be admitted to the staff of an organization, an applicant aged 14 years or younger is required by law to provide written consent from the guardianship authorities.
The minor fills out an application for employment in the form accepted in the given organization. For persons under 15 years of age, the document must be endorsed with the consent of the parent (guardian).
Hiring a minor worker: step-by-step procedure for drawing up an employment contract
Hiring a minor worker: step-by-step procedure for drawing up an employment contract. For teenagers under 18 years of age, as well as for other categories of employees, according to Art. 57 of the Labor Code of the Russian Federation, the contract must indicate the personal data of the signatories, place of service, position and labor functions, start date of activity, availability of compulsory insurance.
The document prescribes the work and rest hours for minors, the criteria for remuneration, the provision of regular leave and other guarantees established for teenagers under Art. 92, 94, 271, 267 Labor Code of the Russian Federation.
Article 267. Annual basic paid leave for employees under the age of eighteen
Annual basic paid leave for employees under the age of eighteen is provided for a duration of 31 calendar days at a time convenient for them.
Attached to the contract job description and work schedule, for certain professions - a non-disclosure agreement, the cost of performing each type of work, etc.
Article 68 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee being hired with the internal regulations and other documents adopted by the organization before signing an employment contract.
Article 68. Registration of employment
Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.
The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).
When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations and other local regulations, directly related to the employee’s work activity, collective agreement.
Depending on age, Article 94 of the Labor Code of the Russian Federation regulates:
- 5-hour working day for teenagers 15-16 years old;
- up to 7 hours of employment per day for 16-18 year olds;
- for full-time students aged 14-16 years, 2.5 hours of working time is allowed;
- students in daytime teenagers 16-18 years old – maximum 4 hours.
Guarantees provided
According to Art. 271 of the Labor Code of the Russian Federation, personnel aged 14-18 years receive wages at the level of other employees of the same profession.
In the case of time-based or piece-rate payment, the payment amount must correspond to the amount of time worked (work performed).
Additional payment is made at the discretion of the employer at the expense of the organization.
Art. 267 of the Labor Code of the Russian Federation provides for an extended leave of 31 days for working teenagers, which can be taken at a time convenient for the young employee and free from school. Vacation pay is required by law in full. The Labor Code of the Russian Federation defines benefits for workers under 18 years of age:
- reduced production rate (Article 270).
Article 270. Production standards for workers under eighteen years of age
For workers under the age of eighteen, production standards are established based on general production standards in proportion to the reduced working hours established for these employees.
For workers under eighteen years of age entering work after receiving general education or secondary vocational education, as well as those who have undergone vocational training in production, in accordance with labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations, and employment contracts may establish reduced production standards.
Article 266. Medical examinations of persons under eighteen years of age
Persons under the age of eighteen are hired only after a preliminary compulsory medical examination and subsequently, until they reach the age of eighteen, are subject to a compulsory medical examination annually.
The mandatory medical examinations provided for in this article are carried out at the expense of the employer.
Is there a probationary period when hiring for persons under 18 years of age? It is prohibited to establish a probationary period for minor workers (Article 70 of the Labor Code of the Russian Federation) due to:
- lack of professional experience;
- getting a job for a short period of time (during holidays, etc.);
- possible psychological stress associated with the trial period;
- teenagers performing light labor tasks that do not require special skills.
Gaining first work experience is necessary for teenagers to choose a profession and further work. It is extremely important that the start of adulthood is not marred by deception or illegal actions on the part of the employer.
Failure to comply with legislative norms in relation to a minor employee threatens the administration of the enterprise with prosecution under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
See inaccuracies, incomplete or incorrect information? Do you know how to make an article better?
Would you like to suggest photos on the topic for publication?
Please help us make the site better! Leave a message and your contacts in the comments - we will contact you and together we will make the publication better!
Many teenagers are looking for a job or part-time job to improve their financial situation, gain experience in a field of activity they like, or simply save up money. But before employment, you should carefully study your rights, the specifics of signing a contract and calculating wages. This article will be useful to such citizens, as well as to the employer of a minor employee.
The legislative framework
The legislation of the Russian Federation clearly defines all the main aspects of the work of minor employees. Article 63 of the Labor Code of the Russian Federation clearly states at what age and under what conditions it is possible to conclude an employment agreement.
For this social group chapter in Labor Code, which regulates all aspects of labor for this category of the population. This includes the rights of teenagers to leave (Article 267), free annual examination by doctors (Article 69 and Article 266), employment features (Article 272, Article 70), production standards (Article 270, Article 92, Article 94). It also stipulates wages (Article 271) and guarantees upon termination of a work contract (Article 269).
There are articles in the Code that describe the prohibition of certain types of work (Article 265) and involvement in overtime work (Article 268, Article 96, Article 99).
Minimum age for employment
It is possible to independently conclude an employment contract only after reaching the age of sixteen. The exception is completing school before the above age.
Citizens who have reached the age of fifteen have the opportunity to work if the working conditions do not interfere with educational activities and do not harm their health.
Fourteen-year-olds additionally require verbal or written permission from their next of kin or guardian.
Workers under 14 years of age may be allowed to work in the theater, circus and film industries. The position held by a young employee should not interfere with healthy development.
What type of work can teenagers do?
Children can do work on preparing areas (improvement, landscaping), planting and harvesting crops, and caring for vegetable gardens and fields. Such workers have the right to apply for a courier position and perform simple repair and restoration work. Teenagers also work as service personnel for cultural events and provide social services to the population.
Basically, there are several vacancies for which employers can hire minors: waiter, cashier, cleaner, promoter, various assistants in the kitchens of restaurants and cafes.
Teenagers who work in positions that require heavy lifting should be aware of the maximum allowable manual movement of loads during one work day. Girls aged 14 to 15 years can carry no more than 2 kilograms per shift, boys - up to 3 kilograms. For boys from 16 to 18 years old, the maximum permissible weight of cargo is 4 kilograms, for girls of the same age - 3 kilograms.
To regulate the work of minors, some restrictions are prescribed. They are prohibited from working in life-threatening conditions and carrying weights above the age limit. It is also not provided for such workers. Children cannot enter into an employment contract with religious organizations, as well as an agreement on financial responsibility (Article 242).
Teenagers cannot work in the gambling business, participate in the sale of alcohol and tobacco products, or work in nightlife establishments.
Additional rights
The child is entitled to 31 days of leave. Temporary release from duties must be granted immediately upon the employee's request.
Such an employee is not sent on trips by order of the employer (business trips), he cannot work above the norm, as well as on holidays and weekends. Workers in the field of creative professions (cinema, theater) are an exception.
Features of the medical examination
Children who have not reached the age of majority are required to undergo training before employment. Examinations of the minor employee must be conducted annually. All payments for expenses are paid by the employer, and he also sends the future employee for examination. The direction must indicate:
- name of the institution;
- type of activity of the employer and form of ownership;
- name of the organization for the medical examination and its type;
- Full name and date of birth of the future employee;
- the name of the profession for which the employee is hired;
- presence of dangerous and harmful working conditions.
The medical commission must include a doctor who studies the health of people working in particularly hazardous conditions (occupational pathologist), who also heads the commission. The composition of the necessary doctors for the commission is determined by order of the head medical organization.
Duration of operating time
From 15 to 16 years old work time is 24 hours a week. From 16 to 18 years of age, the legal duration of work is a maximum of 36 hours. For employees who have not yet graduated from school – a maximum of 12 hours.
Also, for this category of the population, the legislation stipulates the maximum duration of one working day. For teenagers from 15 to 16 daily norm working time is 5 hours. From 16 to 18 no more than 7 hours a day. For employees combining study and work, aged 16 to 18, the maximum working day is 4 hours. For schoolchildren from 14 to 16 years old – two and a half hours.
Documentation for employment
List necessary documents:
- consent of the closest relative or guardian (if the employee is under 14 years of age);
- permission from the guardianship authorities, which specifies the length of time allowed for work;
- identification;
- work book;
- medical certificate;
- diploma or certificate of specialized experience and knowledge (for a position requiring special training);
- information from the school with the specified class schedule (not completed school);
- insurance certificate (for teenagers 15-18 years old).
Registration procedure
The procedure for registering minors is identical to the employment of other categories of the population. To enroll in a position, a teenager writes to the employer and enters into an employment contract. The employer issues an order to hire a new employee.
The contract must include the following: points:
- Full name of the future employee and name of the employer;
- information about documents that identify the new employee and the employer (if he is an individual);
- employer's tax identification number;
- date and place of conclusion of the contract.
When drawing up the contract, the following are prescribed: conditions:
- place of work;
- job title;
- the date from which the employee starts work;
- size and conditions of wages;
- operating mode.
It is more difficult to dismiss young employees. Before the employer can begin to dismiss such an employee on his own initiative, he coordinates this issue with the state labor inspectorate, as well as with the commission for the protection of the rights of minors. The exception is the termination of an activity individual entrepreneur or dissolution of the institution in which the teenager works.
After confirmation by the commission that the rights of the young employee will not be violated,. If the commission denies the request to terminate the contract, this issue can be appealed in court.
When a teenager wishes, approval is not required.
If a cooperation agreement was drawn up with a young employee for a specific period, for example for a seasonal summer job, during the vacation or illness of the main employee of the enterprise or for practice, then the period of cooperation expires at the time specified in the contract.
The employer must notify the employee 3 days before the expiration of the period in writing. On the last working day, the employee is issued a document confirming labor activity, wages, and also, if any.
Fixed-term contracts with this category of the population may be in the following areas:
- movie;
- theater;
- concert and circus organizations.
To avoid an unscrupulous employer and, as a result, lack of payment for work performed, teenagers always need to enter into an employment contract. This will help avoid not only lack of wages, but also protect the child from working in dangerous conditions.
Salary
The amount of wages for this category of the population depends on what form of payment (piecework or time-based) is accepted in the institution where the teenager works. The reduced working time of the young employee is also taken into account.
In case of piecework, payment is calculated at the usual rate, taking into account the shortened working day. Time payment is calculated only taking into account the time the teenager works. Employers must pay the child’s work no less than that established by law, if the employee fulfills the norm (according to age) and his duties in the institution. The employer may pay additional salary increases. Wages are calculated and paid in the same way as other employees in this institution.
Lawyer's opinion on hiring a minor (video)
In this video, the lawyer talks in detail about the conditions for hiring minor citizens of the Russian Federation, labor restrictions, as well as the features of the employment contract and salary payment.
Knowing your rights, you can avoid many difficulties, both in finding a vacancy and in the work process itself. Also, minors must necessarily enter into a contract with the employer, which must clearly state the employee’s duties, work hours and salary, because in the event of a violation of the terms by the employer, the teenager will have the opportunity to defend himself and compensate for the damage.
