Employment of minors: aged 14 to 16 years, in the summer

Family law > Minor children > Conditions and features of hiring minors

  • To earn their own income, they would like to find a job, but the law often either does not allow them to do this or allows it, but only with the obligatory observance of certain conditions and restrictions.
  • Employers support the employment of minors aged 14 to 18 years, but often employ them unofficially in circumvention of the law.
  • Teenagers are happy to take on part-time jobs during the holidays; especially many vacancies can be found in the capitals, where product distributors or promoters are mainly required.

According to the regulatory framework, this issue is regulated by Ch. 42 of the Labor Code of the Russian Federation and other legal acts regulating the nuances of hiring minor schoolchildren.

At what age can teenagers work?

According to the Labor Code of the Russian Federation, all citizens over 14 years of age can be hired. However, a teenager can sign the agreement himself only from the age of 16.

In accordance with the law, you can hire a child who has official permission from the parents to work as a minor, who are required to provide this consent in writing. Then the teenager can be employed.

Sometimes, as an exception, it is allowed to hire a 15-year-old worker, if only the work is light.

This means that there is no harm to health, and he must also complete full-time studies or continue to study part-time.

Also, written permission from parents will be required when employing a child aged 14 years . He will only be able to work in his free time from studying.

There are no restrictions if the child performs concert, circus, theater or cinematic activities, and also performs work related to professional sports.

There are certain requirements, but they are mostly unspoken and do not require mandatory fulfillment.

Conditions for hiring minors

  1. The contract can be indefinite or fixed-term, that is, part-time work during the holidays for a short period of time.
  2. Until the age of 18, a teenager must undergo a medical examination every year, and at the expense of the employer.
  3. There are a number of certain rules that must be followed:
  • Shift work is not allowed for a minor child;
  • he cannot combine several specialties;
  • it is impossible and unacceptable to dismiss a teenager at the request of the employer without the consent of the labor inspectorate and the guardianship authority;
  • The contract does not stipulate full financial liability.

List of prohibited works for minors

  • Minor boys and girls cannot find employment in all areas of activity.
  • For example, they are prohibited from working with substances harmful to health in the chemical industry, night shift production, metallurgy, as well as in clubs, casinos and other entertainment establishments where alcohol and tobacco products prohibited for teenagers are sold.
  • You cannot hire a citizen under 18 years of age where it is necessary to lift heavy loads, or apply for positions that involve mental stress.
  • In addition, it is not allowed to take teenagers into the following areas:
  • mechanical engineering and mining enterprises;
  • shipbuilding and ship repair;
  • work in underground conditions;
  • religious organizations.

The law also stipulates the time period of work. Teenagers are supposed to work no more than 24 hours a week. If the child is studying, the standard is reduced.

The contract prohibits clauses on overtime work and possible business trips. In addition to the ban on working at night, it is prohibited to involve children in work on holidays and weekends, according to Art. 268 TK.

It is also prohibited to bring a child to collective or individual financial responsibility, in accordance with Art. 244 TK. He can only be responsible for material damage caused as a result of his crime.

If a manager hires a minor employee in violation of the rules, the employment contract is immediately terminated, and the child must be transferred to another position appropriate to his age.

Management faces administrative liability for violating children's rights in the workplace.

Peculiarities of regulation of labor of minors

Employment of teenagers in 2020 has several nuances. Children under 18 years of age are considered workers who need to be protected and have special working conditions.

According to current legislation, children can be employed in compliance with all requirements. Restrictions apply to all categories of children aged 14 to 18 years.

Registration must be carried out with an entry in the work book and the issuance of an insurance certificate:

  1. Children 14–16 years old . Their employment is unacceptable unless they have written permission from their parents. Registration is permitted under an employment contract and an additional form - a GPC agreement. If registration was carried out without a work book, the inspectorate issues a fine to the employer.
  2. Teenagers 16–18 years old . Contractual relations are concluded on paper and the rules apply as for adult citizens. If the person who signs the employment contract already has an identity document, then he can be responsible for his actions.

During the summer

  1. Previously, children could work part-time in a youth kindergarten; now they can also find employment in government institutions.
  2. For employment, it is enough to provide a document confirming that the child has free time, as well as written consent of the parents.
  3. The consent is written in any form, with a date and signature.

How many hours a day can a minor work?

There are some restrictions when working as teenagers. So, their work week should be shortened.

Minor children under 16 years of age must work no more than 24 hours per week. From 16 to 18 years of age, they are allowed to work 35 hours per week. Up to 16 years of age, a teenager’s shift should not exceed 5 hours, and minors from 16 to 18 years old can work no more than 7 hours a day.

If an employee combines work and study activities, then the standard is necessarily reduced.

In this case, he is supposed to be at the workplace 2.5 hours a day if he is from 14 to 16 years old and 4 hours a day if he is from 16 to 18 years old.

Salary

During a shortened work shift, management pays the child’s work at full rate, but he is not obliged to do this.

Payment can be made in proportion to the time spent on work, if this norm has been fixed in the employment contract.

Benefits and guarantees

All child labor rights are protected at the legislative level. The inspection is carried out by the labor inspectorate and the commission on juvenile affairs.

An employee of this age category must work without overtime and only during established hours.

The employer does not have the right to dismiss him on his own initiative . The child also has the right to receive vouchers to a sanatorium or camp from the employer.

The duration of the required vacation should not be less than 31 days . In the first working year, it can be provided 6 months from the start of the teenager’s work at this enterprise, upon his application.

If he is a student, he is entitled to study leave during the session. He is also prohibited from replacing annual and additional leave with cash, except for payment upon dismissal for unused rest days.

For persons under 18 years of age, it is prohibited to establish a probationary period, according to Art. 70. Labor Code of the Russian Federation.

In case of any violation of children's rights, you should contact these authorities with evidence. If misconduct is committed against a child, the business faces a significant fine.

Registration for work

  • If he has not yet received a certificate, then you can accept a child who continues to study in the correspondence department.
  • When employing minor employees, it is necessary to sign an agreement, which can be fixed-term or indefinite.
  • A document drawn up for a specific time period is more preferable, since such an agreement can be terminated at the initiative of the employer only under certain conditions.

List of documents for hiring

For a minor teenager, employment is carried out in a certain order. The child must:

  • pass an interview;
  • provide a passport;
  • fill out the form.

After passing the interview, he can submit the following documents for registration to the staff:

  • your passport;
  • written permission from parents;
  • employment history;
  • medical book or certificate of medical examination;
  • SNILS (if available).
  1. If a guy aged 17 is hired, he will be required to provide a document from the military registration and enlistment office confirming his registration.
  2. If the employee is over 15 years old, then this set of documents will need to be accompanied by a school completion certificate or a certificate from an external school or evening school where he studied in absentia.
  3. If he has not completed his full-time or part-time studies, then he is hired, like a 14-year-old teenager.

An employee 14 years old additionally needs parental consent written in any form or permission from the guardianship authorities on a special form.

A certificate about the school day and lesson schedule must be attached to the list of documents.

Procedure for terminating an employment contract

An employer cannot fire a teenager on its own initiative. To do this, he must obtain special permission from the State Tax Inspectorate and the Commission on Minors' Affairs.

  • If the manager has not received permission from these authorities, then the minor employee is reinstated in his position and is paid wages for the period of forced downtime.
  • An employment contract can be terminated by parents if they believe that work in production interferes with the child’s studies.
  • If the contract was concluded for 2 months, then it can be terminated before the end of the period at the request of the teenager.
  • 3 days before this, he must notify management in writing about his dismissal, after which he may not go to his workplace.

Source: http://semeinoe-pravo.net/trudoustrojstvo-nesovershennoletnih-grazhdan-v-vozraste-ot-14-do-18-let/

Hiring a minor

Employment of minors is a special chapter of the Labor Code of the Russian Federation.

The employer, as well as the person being hired, must be aware of all the intricacies of the laws.

For a teenager, earning money is no less important than for an adult, so young people boldly knock on the doors of all kinds of organizations, retail outlets, and enterprises.

Parents are not always able to provide their children with a comfortable existence, so they have to work from an early age, but this must happen in full compliance with the law.

Article 63 of the Labor Code of the Russian Federation states that they can hire a minor aged 14 to 18. In some cases, it is even possible to employ young children who have not yet turned 14.

Concluding an employment contract with those who are 16 years old is quite acceptable if there are no exceptions prescribed in the labor code. If a teenager is 15 years old, then an employment contract can also be concluded with him. The work should be easy and harmless. But, there are moments related to study.

Read also: Exemption from paying alimony: statement of claim, court, practice

Work should not interfere with obtaining a general education. If the teenager is only 14, then the consent of the guardianship authorities and parents (one of them is enough) is required to conclude an employment contract. This consent is made in writing. A person who has reached the age of fourteen must be employed at work during his free time from school.

The work must be feasible and safe. If the child is under 14 years old, then to conclude an employment contract you will need the permission of one of the parents and the guardianship authorities. The employment contract is signed by the guardian.

By giving permission, the guardianship authorities specify their requirements for the child’s employment, for example, setting restrictions on the duration of daily work.

Specific conditions for employment of teenagers:

  • it is necessary to provide basic and additional data;
  • the employee is entrusted with great responsibility after signing an employment contract;
  • medical examination is required.

As for documents, a passport is required. This main document can be replaced with a birth certificate. You will also need a school certificate. If the young man is still studying, then a certificate is needed about which educational institution he is involved in and the class schedule.

The work record book, as well as the insurance certificate, are obtained at the expense of the employer. As for military registration, a document confirming this action is not so easy to obtain, since such a document can only be obtained after reaching 17 years of age.

Parents' consent for their offspring to work must be documented in writing. This document is also required for employment.

What jobs are contraindicated for minors?

Hiring a minor must take into account all existing laws. The legislation of the Russian Federation has outlined some restrictions on the employment of teenagers. In Art. 265 of the Labor Code of the Russian Federation states that if a young person is not yet 18, then he has nothing to do with:

  • working underground;
  • in harmful and dangerous work;
  • at jobs that are dangerous to the mental health and health of adolescents (erotic materials, drugs, alcoholic beverages, tobacco, gambling, etc.);
  • in religious organizations;
  • busy at night;
  • shift work;
  • employment as a loader;
  • shipbuilding and repair of units;
  • work on holidays;
  • employment in departmental security;
  • it is impossible to be recruited into the civil service;
  • the position of a rescuer is unacceptable;
  • It is forbidden to apply to Hospice institutions;
  • It is unacceptable to get a job in AIDS centers and others.

Registration of employment

When hiring a teenager, the employer, in accordance with Art. 66 of the Labor Code of the Russian Federation concludes an agreement. The young employee is registered for work within 3 days according to the order of the manager. Step-by-step registration procedure:

  • a work book is created at the enterprise, as well as a personal card;
  • You will also need your personnel number;
  •  An authorized employee of the enterprise opens a personal account.

As for newly arrived adult workers, the enterprise holds special classes for minors, where they are introduced to various regulations in production, work schedules, and job descriptions. Features of the employment of minors are that parents or guardianship authorities sign the work order, in addition to the teenager.

Summer employment

During the summer, teenagers don't mind working hard. Their classes have already ended and there is an opportunity to earn money.

The current law on the employment of minors is very lenient towards teenagers.

There are certain restrictions on their work, and special features must also be taken into account. Temporary summer employment for teenagers is a concern for parents, as well as directors of enterprises, businessmen and others.

Some requirements for the employment of teenagers during the summer holidays are prescribed in Art. 63. Employers are more willing to employ a 16-year-old teenager, but not younger. Although some jobs are perfect for fifteen-year-olds.

If the teenager is barely 14 years old, then the guardianship authorities or parents must give their consent. Sometimes young children under 14 are employed. Usually this is employment in theater and cinema. A child who is 14 years old puts his own signature on the employment contract.

If he has not yet reached this age, then when applying for a job, his parents or guardianship authorities act on his behalf and sign themselves.

The documents required for a minor employee are specified in Art. 65. Only if the teenager is only 14 or younger, then the written consent of the guardianship authorities or parents will be additionally required. The text can be composed in any form.

Peculiarities of labor of minors

Teenagers are most often seen in agricultural enterprises. Minors are engaged in landscaping cities and working for the benefit of populated areas. They are frequent participants in cultural events. They are involved in harvesting. They make good couriers.

Teenagers' holidays are extended. They have the right to rest for 31 days, and when it is convenient for them.

If six months of continuous work have passed in the organization where they were employed, they can already take vacation. Teenagers aged 16 are entitled to the same salary as adults, but are paid in proportion to the time worked. Production standards for them have been reduced (Article 270).

They are provided with a shortened working week (Article 92), that is, for workers under the age of 16, the working time is no more than 24 hours per week. For those aged 16 to 18 years, the number of hours per week is not more than 35. In accordance with Art.

94 TCs aged 14-15 work only 4 hours a day. Starting from 15 to 16 years old, you can already work 5 hours a day. From 16 to 18 you are allowed to work 7 hours. An employment contract establishes various guarantees and benefits for a teenager at work.

This agreement is necessary to fix the restrictions specified in the articles of the Labor Code of the Russian Federation.

Termination of an employment contract with a teenager under 18 years of age is possible with the consent of the labor inspectorate and the commission for minors. The employer's initiative alone is not enough for this. But there are exceptions to this rule. They are triggered if the company is liquidated or the businessman ceases his activities. (Art. 269)

Organizing temporary employment for minors is a feasible task for parents and people who can provide work. It is necessary to address this issue and involve as many minors (ages 14 to 18 years) and young children (under 14 years old) as possible in work so that they do not grow up lazy and have pocket money without demanding it from their parents.

Source: http://ZnatokTruda.ru/trudoustrojstvo/nesovershennoletnih/

How to find a summer job for a teenager? Work from 14 and 16 years old. Work for teenagers 16 years old

Content:

Almost all teenagers want to find a job for the summer - especially those who are already 14 years old and who can, it would seem, qualify for official employment.

Minors are still poorly hired, but there are several ways for schoolchildren and students to find work that more often lead to success.

Irina Zhigina, expert of the “Financial Health” project, financial consultant, tells.

A sign of adolescence is the desire to become independent. And the main indicator of independence for teenagers is the opportunity to get a job and earn their first money. The advantages of teenagers working part-time in the summer: they begin to respect their parents’ work, become more responsible in matters of finance and spend the money they earn more rationally.

I called a number of organizations and talked with those responsible for the employment of minors. Finding a job at 14 and getting officially employed is, of course, more difficult than at 16, but there are offers.

Employment centers

First of all, I advise you to visit the Employment Centers , which are located in every city. In Moscow, you can contact any employment department of the Employment Centers of the city’s administrative districts. This year there is also a special city program for temporary employment of minor citizens.

Through the Employment Center you can get a job from the age of 14. At the moment, schoolchildren have access to work as janitors, area cleaners, cultural organizers, managers and administrators. Other vacancies may become available.

Employers cooperating with Employment Centers strictly comply with labor legislation.

Article 92 of Chapter 15 of the Labor Code of the Russian Federation establishes the following labor standards for teenagers: the duration of the working week during vacation for teenagers under 16 years old is no more than 24 hours; from 16 to 18 years old - no more than 35 hours. The duration of daily work is specified in Article 94 of Chapter 15 of the Labor Code of the Russian Federation: from 15 to 16 years - 5 hours; from 16 to 18 years old - 7 hours.

On average, schoolchildren can earn up to 17 thousand rubles per month: part of the money will be paid by the employer, and part (up to 10 thousand rubles) will come from the city budget.

In order to get a job, a teenager needs the following documents:

  1. Certificate from school
  2. Passport
  3. Work book (if available)
  4. Consent from parents

The Moscow Youth Employment Center (Moscow, Shchepkina str. 38, building 1, tel. +7 (495) 688-46-56) offers a number of vacancies for job seekers. Register on the site, fill out your resume and look for a job according to the given parameters.

The Youth Employment Center also provides career guidance to minors. Thus, in mid-June, a new project “Media School” began its work, to which everyone aged 14 to 16 years is invited. Free English courses will start in July

Unfortunately, I have not found a single friend of mine whose children would find temporary work through Employment Centers: either they are not satisfied with the proposed profession, or they have to travel far. But you shouldn’t discount the employment centers - they offer official employment and do a lot of work with various companies.

Employment in large companies

It is easier to find a job from the age of 16, and there is a greater chance of official employment.

Many of my daughter's friends work at McDonald's . There are restaurants of this chain in many cities of Russia, and young people are constantly needed there: fill out a form on the website and indicate the profession that interests you.

Mobile operator companies also sometimes hire teenagers from the age of 16: in the “Career” or “Vacancies” sections of their websites you can find interesting offers in each city and submit your application form.

Please note: the employment procedure in large companies involves an interview, sometimes even two or three, and this takes some time. After the interview, you are offered free training, so it is better to submit employment applications in advance.

Without official employment or through friends

Unfortunately, company managers are not particularly eager to officially employ teenagers. This is partly due to the difficulties in registering a minor for work: obtaining consent from parents and other paperwork.

But if your child really wants to find something to do for the summer, then you can get a part-time job without concluding an employment contract. In practice, most employers do just that: they do not sign any documents with minors at all. And here you have to rely only on the integrity of the head of the company.

Read also: Schengen permit for a child: is registration required if traveling with one parent?

I started my career at the age of 16 at the company of my mother’s friend: I sold watermelons and condensed milk. There was no agreement, everything was on word of honor.

Did I earn a lot? For that money, the amount received per day was enough for me to buy a kilogram of cherries or a large chocolate bar.

Was I sad about my low income? Of course not! Because I liked working, communicating with people and feeling like an adult.

Don’t hesitate to ask your friends and relatives: perhaps some of them need an employee for the summer. Often the best option for finding a job for a teenager is this.

Job search sites

You can try to look for a job using specialized sites:

  • www.rabota.ru
  • www.superjob.ru
  • www.hh.ru

or message boards on social networks:

You can also contact newly opened food or print delivery companies, cafes, cinemas and other organizations to propose your candidacy.

What vacancies are the most popular?

  1. A promoter is a person who distributes leaflets and invites people: this job is perfect for sociable teenagers. There are usually many such vacancies, but do not expect official employment, so there is a chance that the teenager will be promised to be paid one amount of money, but will be paid much less.
  2. Poster of advertisements.
  3. Courier.

    This work cannot be called easy - up to 20 addresses can be sent per day and there is not a minute of rest. However, teenagers willingly go to work as couriers.

  4. Shop assistant.
  5. Kitchen assistant.
  6. Cleaner.
  7. Car washer.
  8. Extras on the set.
  9. Waiter.

In the summer, my friends’ children hand out leaflets in shopping centers and on the street, work as couriers, and help in the kitchen. Some of them got a job on their own - they came to organizations and offered their candidacy. And none of them work under an employment contract. Money is usually paid either for each day of work or weekly.

They are often fined and underpaid, but teenagers continue to work anyway: it’s better this way than nothing at all, they think.

Working on the Internet

There are a number of online exchanges and sites where you can register and perform various freelance tasks:

  • Write text (rewriting or copywriting)
  • Post advertisements on websites
  • Create a landing page
  • Fill out the site
  • Translate an article
  • Call clients
  • Test computer games
  • Create banners or advertising images
  • Repost or join a group
  • Write comments or reviews

Usually the pay for such tasks is quite low, and a lot of time is spent on completion, but this type of part-time work is in demand among teenagers. The downside is that registration is required and is not always simple - you may have to help your child with opening electronic wallets and logging into the site at the initial stage.

Popular resources for freelancers

Special sites for copywriters

  • www.advego.ru
  • www.textsale.ru
  • www.etxt.ru

In my opinion, such a part-time job is good not because of the earnings, which are quite insignificant, but because teenagers practice and hone their skills in writing texts (hello, Russian!), creating landing pages, working with websites, and also train to interact with potential employers.

Our children strive to quickly plunge into adulthood. Maybe this is not always justified and necessary, but they don’t want to walk from night to dawn, but to work. Let's support them in this!

Source: https://www.7ya.ru/article/Kak-najti-rabotu-na-leto-dlya-podrostka-Rabota-s-14-i-16-let/

Employment of minor citizens aged 14 to 18 years

Citizens of the Russian Federation under 18 years of age have the right to work in the same way as adult residents of the country. The employment of this category of persons primarily covers low-paid and seasonal activities, and the procedure for applying for a job requires compliance with a number of requirements.

Age restrictions

According to the Labor Code of the Russian Federation (Article 63), it is allowed to employ citizens whose age has reached 16 years. Subject to certain conditions, employment of citizens under the specified age is possible.

Official employment of minor citizens aged 14 to 18 years is permitted when the child is not in full-time education, has completed general education, or if studies have been terminated taking into account legal norms.

Attention! From the age of 14, children during periods not occupied by schoolwork are allowed only harmless and uncomplicated work that does not interfere with educational activities.

Citizens under 14 years of age can work in some structures (concert, circus, theater). But such activities should not harm the physical or moral health of the child (Article 63 of the Labor Code of the Russian Federation).

To employ citizens under 16 years of age, permission from any of the guardians or parents and trustee structures, expressed in writing, is required.

Labor organization for teenage workers

For working minors, the law provides for reduced working hours (Articles 92, 94 of the Labor Code of the Russian Federation).

Taking into account age, the length of the working week for minor workers may vary. For 16-year-olds - no more than 24 hours and no more than 35 hours - for citizens from 16 to 18 years old.

Moreover, for children working at work during the school period, weekly work should take up to 12 and up to 17.5 hours, respectively.

Limitations on the duration of work during the day (shift) for minor employees from 15 to 16 years old are no more than 5 hours and no more than 7 hours for children from 16 to 18 years old. For persons simultaneously working and undergoing training, daily work should not be more than 2.5 hours for employees aged 14 to 16 years and less than 4 hours if the child is between 16 and 18 years old.

For teenagers, activity (production) standards are calculated on the basis of general indicators in proportion to the work time determined for them (reduced). For minors who come to the enterprise after completing their studies, reduced production rates are introduced in comparison with other categories of workers (Article 270 of the Labor Code of the Russian Federation).

Documents required when applying for a job

To get a teenager to work you need:

  • document confirming the identity of the person entering the organization (general civil passport);
  • confirmation of education, receipt of a certain qualification or certificate of suspension of education;
  • work book (if available);
  • document of a participant in the pension system (SNILS), except for the situation of hiring for the first place of work;
  • confirmation of military registration (for boys);
  • permission of the parent (guardian), as well as the guardianship authorities, to employ a child under 16 years of age;
  • medical certificate.

The procedure established by the Ministry of Health and Social Development of the Russian Federation (Order No. 302, 04/12/2011) provides for the mandatory medical examination of adolescents every year until they reach adulthood.

Attention! A medical examination of a citizen is carried out at the expense of the enterprise (Articles 69, 266 of the Labor Code of the Russian Federation). If a minor employee does not have a medical certificate, the management of the organization faces liability for an administrative violation (Article 5 of the Code of Administrative Offenses of the Russian Federation).

Remuneration for minors

Features of the calculation of payment for children (under 18 years of age) are reflected in the notice of the Federal Tax Service of the Russian Federation (No. ШС-37-3/10304, 08/31/2010), in the Labor Code of the Russian Federation (Article 271), and are also formed taking into account the system in force in the employing organization payment.

  • The amount of earnings with a time-based payment option is affected by the duration of the activity. At the request of the administration and at the expense of the enterprise’s resources, a minor employee receives an additional payment up to the salary of employees of the same category with a standard daily workload (Article 271 of the Labor Code of the Russian Federation).
  • In a piecework form of employment, earnings are calculated according to the current prices for the products produced. At the expense of its own funds, an enterprise can pay an employee up to the tariff rate for the difference in time for full and reduced daily employment.
  • For citizens combining study and work , payment is also calculated taking into account output or time (worked). Additional payments are set at the discretion of the administration.

Attention! The employer cannot issue this category of employees a power of attorney to carry out operations involving the receipt of benefits, since minor citizens are not recognized as fully capable.

Teenage workers are entitled to paid leave once a year. The duration of rest is 31 days (calendar), and the time it is provided is determined by the employee’s needs (Article 267 of the Labor Code of the Russian Federation). The provisions of the Labor Code of the Russian Federation (Articles 124-126) in relation to persons under 18 years of age are prohibited:

  • refuse to provide leave (annual);
  • replace rest days with compensation (monetary);
  • terminate your vacation (vacation) early.

Features of drawing up an employment contract

Relationships of a legal nature between an organization and an employee, including a minor, arise taking into account the provisions of the employment contract (Article 16 of the Labor Code of the Russian Federation).

A special form for registering labor relations with children under 18 years of age is not officially provided. The standards for the employment of minor citizens of the country, which must be reflected in the contract, are prescribed in the Labor Code and other regulatory documents of the Russian Federation.

The agreement must contain sections defining:

  • title of the document (including number, date and place of execution);
  • information about the participants (parties to the agreement);
  • general provisions describing the admission of a citizen to the organization for the specified position;
  • the subject of the agreement concerning the general provisions for the inclusion of a citizen in the state and the start date of work;
  • duties of the parties;
  • rights of participants;
  • length of time for work and rest;
  • the procedure for calculating and paying earnings;
  • liability of participants for non-compliance with the provisions of the agreement;
  • reasons for termination of the contract;
  • procedure for action in the event of controversial situations;
  • names and signatures of participants.
  • A contract with a minor must reflect the length of time for performing work duties (reduced), a ban on certain activities, the right to annual leave (in an increased amount) and the obligation of regular medical examination.
  • As an annex to the contract, the employee’s personal job description, individual activity schedule, permission from parents and supervisory authorities (if necessary) can be used.
  • The form of permission from parents is not regulated; it is important that it be in writing and contain significant points:
  • Full name of one of the parents and the employed child;
  • passport details of the parent and teenager;
  • name of the organization where the minor is employed;
  • the position for which he is being appointed;
  • date of;
  • personal signature of the parent.

Upon first employment, the personnel structure of the enterprise issues a work book and a pension system participant document for the employee.

After drawing up an employment contract with a minor employee, an order is prepared for his admission to the organization, indicating his position. Next, instructions are given on safety issues during work, as well as familiarization with the internal regulations of the enterprise.

This is prohibited when working with teenagers.

An employer who hires minors must be well aware of the specifics of the legislation that contain prohibitive provisions, since violation of them is fraught with serious sanctions.

  1. The law does not allow a probationary period for minor workers. If the standard text of the contract contains this clause, it is necessary to draw up an additional agreement excluding it.
  2. Persons under 18 years of age cannot be assigned to night shifts, sent on business trips, detained for overtime work, or called on weekends.
  3. Article 256 of the Labor Code of the Russian Federation lists activities that a minor will not be able to engage in on an official basis:
    • work in harmful and/or dangerous conditions;
    • underground works;
    • work related to the movement of heavy loads;
    • professions associated with risks to morality and health (casinos, erotic clubs, bars, transportation and sale of alcohol and/or tobacco products, etc.).

Attention! After the employee reaches the age of majority, the employment agreement with him is renewed. The new (standard) contract excludes benefits that are legally provided only for teenagers.

Termination of employment relationships with teenagers

For employees under the age of 18, all the grounds specified by the Labor Code of the Russian Federation for termination of an employment agreement are applicable (when transferred to another place of work, at the request of the employee, by agreement of the parties).

With persons under 18 years of age, it is preferable to enter into a fixed-term agreement due to the ease of its termination upon termination.

The procedure for terminating a fixed-term contract with a teenager is standard.

The employer notifies the employee (in writing) 3 days before the end of the agreement about the termination of the employment relationship simultaneously with the termination of the contract.

When signing an open-ended contract, its termination requires the consent of the state labor inspectorate and the commission on minors' affairs.

When terminating a contract with a teenager, a number of actions are performed (Article 84 of the Labor Code of the Russian Federation), including:

  • issuing a dismissal order and familiarizing the employee with it;
  • entering information about dismissal into the employee’s card (form T-2) or into the work book;
  • carrying out calculations;
  • handing over a work book to the teenager with a note in the logbook (on the last working day).

A resigning citizen is issued a certificate of the amount of his own earnings for 2 years (calendar) preceding the year of termination of activity (Article 4 of Federal Law No. 255, December 29, 2006) and copies of other documents relating to his activities in the organization if there is a written request.

Source: https://assistentus.ru/sotrudniki/nesovershennoletnij-rabotnik/

Labor Code of the Russian Federation on the use of minor labor. Reference

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

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

Employment of persons over 14 years of age is permitted. Based on Part 3 of Art.

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

The Labor Code of the Russian Federation contains a provision that determines the possibility of minors under the age of 14 entering into labor relations. This is an exception based on Part 4 of Art.

63 of the Labor Code of the Russian Federation is established for cinematography organizations, theaters, theater and concert organizations, circuses in relation to minors to participate in the creation and (or) performance of works without harm to health and moral development.

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

Working hours

Workers under 18 years of age have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes the normal length of the working week - 40 hours. But it should be borne in mind that for employees under 18 years of age, a shortened working week is established (Art.

92 of the Labor Code of the Russian Federation), namely: for workers under 16 years old - no more than 24 hours; for workers from 16 to 18 years old - no more than 36 hours; for workers under 16 years of age studying at any educational institution - no more than 12 hours; for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours.

In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift): for workers aged 15 to 16 years - no more than 5 hours; for workers aged 16 to 18 years - no more than 7 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from fourteen to sixteen years - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 3.5 hours. On the basis of Part 3 of Article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) general educational institutions during the academic year are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened during weeks). During the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.  

Work where the use of minors

Current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the load carried or moved by the employee; the nature of the work performed; work regime.

 Persons under the age of 18 are not allowed to work in harmful and (or) dangerous working conditions. According to Art.

265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work;
work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); hard work; working in harmful or dangerous working conditions. The list of heavy work and work with harmful and dangerous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

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

Workers under 18 years of age cannot be sent on business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home every day. As an exception, according to Art.

268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, involve in overtime work, work at night, on weekends and non-working holidays, minors who are creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and participate in creation and (or) performance of works, as well as professional athletes. Lists of such professions are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Until such lists are established, sending minors on business trips, engaging them in overtime work, night work, on weekends and non-working holidays is impossible.

Production standards and wages

Article 270 of the Labor Code of the Russian Federation stipulates that production standards for persons under 18 years of age are determined based on the general standards established for adult workers, in proportion to the reduced working hours established for minors.

 
 Thus, for minors aged 16 to 18 years, the production rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.  

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

Leave of absence for minor workers. Employees under the age of 18 are provided with annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minor workers, incl. working part-time.

 During the working period of a minor employee, it is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.

 The Labor Code of the Russian Federation provides for the possibility of providing minor workers with additional paid leaves provided for by law, as well as collective and labor agreements.

Thus, an employee who combines work with study is entitled to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to put him on leave without pay. For example, to pass entrance exams.

The material was prepared based on information from open sources

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Source: https://ria.ru/20080620/111470557.html

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