Documents required for hiring minors. Conditions and rules of admission. Example. Calculating a teenager's salary

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, conclude employment contract possible 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 following features:

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.

We also remind you that when hiring minors probation is not established for them (paragraph 7 of 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

Hiring minors, that is, citizens who are under 18 years of age at the time of concluding an employment contract, has its own characteristics. They are due to concern for the physical and moral health of young people.

From the article you will learn:

Concluding an employment contract with minors

In accordance with Part 3 of Art. 20 of the Labor Code of the Russian Federation, according to general rules, an employment contract with a minor citizen can be concluded only after he turns 16 years old. Employment of teenagers who are under 16 years of age is possible only if certain conditions are met:

• if a minor citizen has already received or is in the process of receiving general education;
• if his work function involves performing light work that does not cause harm to health;
• if the teenager works in his free time from studying, without compromising the development of the curriculum.

Read more about what nuances need to be taken into account when making a conclusion employment contract with a minor, you can find out .

Employment of minors when they are under 14 years of age can only be carried out by certain organizations working in the field of sports, cinematography, theater and concert activities, as well as circuses. The main condition for this is the safety of the moral and physical health of the teenager. The written consent of one of the parents and the guardianship authority is also required, and the guardianship authority in the document must list the conditions under which the minor must work.

A sample employment contract with a minor employee is presented below.

Download in.doc

Download in.doc

Hiring a minor worker step by step procedure

At hiring of a minor, the first thing you need to do is make sure that he has all necessary documents. The mandatory ones include those listed in Article 65 of the Labor Code of the Russian Federation:

• identification. For those teenagers who are not yet 14 years old, this may be a birth certificate, for others - a passport of a citizen of the Russian Federation;
• employment history if the teenager has already worked before;
• insurance certificate of state pension insurance SNILS, if available;
• military registration document for male citizens over 17 years of age;
• document on obtaining qualifications, special education or knowledge, if to perform labor function such qualifications or knowledge are required.

The conditions for hiring minors suggest that a person under 14 years of age must also be required to:

• written consent to work from one of the parents;
• official work permit issued by the guardianship and trusteeship authority.

Note! A minor citizen aged 14 to 15 years will no longer need permission from the guardianship authorities, but simply official consent to work.

In addition, when hiring, the HR employee must ensure that the following basic admission conditions minors to work as:

• they are enrolled in a general education program;
• the work they provide is characterized as light work;
• They will work in their free time from studying and without compromising their education.

If all the documents required for hiring minors are presented, the teenager must be sent to mandatory preliminary testing at the employer’s expense. body check. After passing medical examination a minor citizen must present a certificate in form No. 086/u, approved , confirming admission to perform light labor.

After this, it is necessary to conclude an employment contract with a minor teenager, on the basis of which to issue order to hire him. The order is the basis for registration work book and making an appropriate entry therein.

Features of hiring minors

The employer must remember that hiring minors has its own characteristics.

For this category of workers the following is established:

1. work restrictions;
2. quotas, which are an additional guarantee of employment;
3. special procedure for concluding employment contracts.

In addition, teenagers from 14 to 16 years old can work no more than 24 weeks. Those of them who have not yet turned 15 years old can work no more than 2.5 hours per shift, the rest - no more than 5 hours. Minor citizens those aged 16 to 18 years can work no more than 35 hours a week with a work shift of no more than 7 hours, and for those who are studying, a work shift lasts no more than 4 hours. .

Additional job guarantees when hiring minors

For Russians whose age does not exceed 18 years, the law provides job quotas as an additional guarantee of employment. At the same time, the procedure for allocating quotas and measures of responsibility for non-compliance with them are the competence of regional authorities. Therefore, in different regions of the Federation, the size of quotas and measures of responsibility may vary.

Thus, for Moscow employers whose enterprises number more than 100 people, quotas for recruitment minor citizens are regulated by articles 2 and 3 of the Moscow Law of December 22, 2004 No. 90. According to this law, at the expense own funds Capital enterprises create jobs for:

• teenagers aged 14 to 18 years;
• orphans and children who have lost parental care before they reach the age of 23;
• graduates of primary and secondary vocational education institutions aged 18 to 24 years, higher vocational education aged from 21 to 26 years old, who are looking for work for the first time.

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

Employment of minor citizens under the Labor Code

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

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

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

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

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

Age at which minors can be hired

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

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

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

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

Current legislation in matters of employment of minors cannot allow the introduction of additional restrictions at the municipal or regional level, but may provide additional programs employment or benefits - the key factor of regulations that do not have federal status is that they do not reduce anyone's rights compared to federal laws.

Procedure for hiring a minor and required documents

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

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

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

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

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

The terms of the contract, which provide for the restriction of the rights of a minor, contrary to labor legislation, are recognized as void, and the employee cannot be held responsible for their non-compliance in the course of work labor activity. Therefore use standard contracts with standard vacation durations of 28 days, the possibility of overtime, vacation compensation, or simply taking into account the standard duration working week, will be limited - it will be necessary to change at least the conditions relating to these aspects of work.

What jobs should minors not be hired for?

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

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

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

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

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

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

Rules for writing parental permission to work for a minor child

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28.04.2014, 11:48

With coming summer holidays Many schoolchildren and minor students begin to look for work. High school and junior students, faced with an acute shortage of pocket money, have to look for opportunities to earn money in their free time from studying. The task of finding a job becomes even more significant for minors who, after graduating from school, were unable to enter college. educational establishments for secondary or higher vocational education.

What should an employer do in this situation? How to properly register a minor for work, what features exist in Russian legislation? In fact, these issues are quite serious and require careful consideration.

Let's see what the law says about this

Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On employment of the population in the Russian Federation” classifies minors as persons who especially need social protection and have difficulty finding work.

For an employer, the question of whether minors can work is also far from idle, since labor legislation There are many restrictions and conditions for the employment of minors.

Having analyzed the current legislation, the question “is the work of minors legal? » , you should give a positive answer with the following reservations:

1. By general rule, an employment contract can be concluded with a person who has reached 16 years of age (Part 1 of Article 63 of the Labor Code of the Russian Federation). Concluding an employment contract with persons under 16 years of age is permitted only in strictly defined cases by law:

2. It is prohibited to employ foreigners and stateless persons temporarily staying in Russia (who do not have a temporary residence permit or residence permit) under the age of 18 (see Articles 13 and 13.3 Federal Law dated July 25, 2002 No. 115-FZ “On legal status foreign citizens in the Russian Federation").

3. Minors cannot be given a probationary period (Part 4 of Article 70 of the Labor Code of the Russian Federation). This is due to the fact that minors, as a rule, have no work experience and each of them could potentially be fired on the basis of an unsatisfactory test result (since their work is likely to be fraught with errors and shortcomings). The legislator took this situation into account and prohibited the establishment of a test for such workers.

• with harmful and (or) dangerous working conditions, underground work (Part 1 of Article 65 of the Labor Code of the Russian Federation);
• to work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content) (Part 1 of Article 65 Labor Code of the Russian Federation);
• to work, the list of which is approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163 “On approval of the list of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under eighteen years of age is prohibited”;
• to work related to carrying and moving heavy loads in excess of the established maximum standards (Part 2 of Article 65 of the Labor Code of the Russian Federation). Such standards are established by Resolution of the Ministry of Labor of the Russian Federation dated 04/07/1999 No. 7 “On approval of the Standards for maximum permissible loads for persons under eighteen years of age when lifting and moving heavy objects manually”;
• part-time (part 5 of Article 282 of the Labor Code of the Russian Federation);
• on a rotational basis (Article 298 of the Labor Code of the Russian Federation);
• V religious organizations(Part 2 of Article 342 of the Labor Code of the Russian Federation).

5. In accordance with Article 268 of the Labor Code of the Russian Federation, it is prohibited to involve minors in the following work:

• sending on business trips;
• to overtime work,
• at night time;
• on weekends and non-working holidays.

These restrictions do not apply to:

• creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252;
• athletes (Part 3 of Article 348.8 of the Labor Code of the Russian Federation).

6. Article 248.8 of the Labor Code of the Russian Federation establishes the specifics of regulating the work of athletes under the age of 18.

7. A minor is obliged:

• when hiring, undergo a preliminary medical examination (Articles 69 and 266 of the Labor Code of the Russian Federation);
• Until the age of 18, undergo periodic medical examinations annually (Article 266 of the Labor Code of the Russian Federation).

8. On behalf of a minor under 14 years of age, an employment contract is signed by one of the parents (adoptive parent, guardian) (Part 4 of Article 63 and Part 5 of Article 348.8 of the Labor Code of the Russian Federation).

9. Agreements on financial liability cannot be concluded with minors (Article 244 of the Labor Code of the Russian Federation).

10. For minors, extended leave is established - 31 calendar days at any time convenient for them (Article 267 of the Labor Code of the Russian Federation). In this case, leave cannot be replaced with compensation and the minor cannot be recalled from leave (Part 3 of Article 125 and Part 3 of Article 126 of the Labor Code of the Russian Federation).

11. For minors, a reduced working time is established (Articles 92 and 94 of the Labor Code of the Russian Federation):

12. Article 269 of the Labor Code of the Russian Federation provides that the dismissal of a minor at the initiative of the employer (except in the case of liquidation of the organization or termination of activities individual entrepreneur) in addition to compliance with the general procedure, is permitted only with the consent of the relevant state labor inspectorate and the commission for the affairs of minors and the protection of their rights.

1. Labor Code of the Russian Federation
2. Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”
3. Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation”
4. Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children without parental care”
5. Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”
6. Decree of the Government of the Russian Federation of February 25, 2000 No. 163 “On approval of the list of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under eighteen years of age is prohibited”
7. Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the work of women, persons with family responsibilities and minors”
8. Resolution of the Ministry of Labor of the Russian Federation dated 04/07/1999 No. 7 “On approval of standards for maximum permissible loads for persons under eighteen years of age when lifting and moving heavy objects manually”
9. Decree of the Government of the Russian Federation dated April 28, 2007 No. 252 “On approval of the list of professions and positions of creative workers mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of whose work activities have been established Labor Code RF".

If you had problems or interesting situations with the employment of schoolchildren, students or their work, then share this in the comments. Perhaps it is your experience that will prevent others from stepping on a rake in their decision. complex issue: how to correctly register a hired minor employee.