Hiring a minor in the Russian Federation. Hiring minor workers. What jobs should minors not be hired for?

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:

• ID card. 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;
• work book if the teenager has already worked before;
• insurance certificate of state pension insurance SNILS, if available;
• military registration document for male citizens over 17 years of age;
• a document confirming the receipt of qualifications, special education or knowledge, if such qualifications or knowledge are required to perform a job function.

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

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

Pay attention! 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. medical examination. After passing a medical examination, a minor citizen must present a certificate in form No. 086/u, approved certifying permission to perform light labor.

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

Features of hiring minors

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

For this category of workers the following is established:

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

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

Additional job guarantees when hiring minors

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

Thus, for Moscow employers whose enterprises number more than 100 people, quotas for hiring 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 educational institutions primary and secondary vocational education aged 18 to 24 years, higher vocational education aged 21 to 26 years who are looking for work for the first time.

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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09 Mar 2010 09:09

To save money, organizations sometimes hire minors. Typically, such employees are assigned simple work that does not require special knowledge, for example, delivering company products (fast food, etc.).

The article talks about all the features that need to be taken into account when deciding on hiring minors.

What kind of job can a minor not be hired for?

Let us say right away that you can hire a minor only if he is already 14 years old. An exception is established only for employees of cinematography organizations, theaters, theater and concert organizations, circuses - they can work until they reach the age of 14.

Teenagers (that is, persons under 18 years of age) cannot be hired:

With harmful and (or) dangerous working conditions in accordance with the List of such works. In addition, their work should exclude increased neuropsychic stress;

Which can cause harm to their health and moral development (in particular, work on the production, transportation and trade of alcoholic beverages and tobacco products);

Associated with carrying and moving heavy loads that exceed the limits established for adolescents.

The limits of such load vary depending on the gender and age of the teenager. So, for example, for a 14-year-old boy, the maximum weight of cargo lifted and moved manually constantly during a work shift is 3 kg, and for a 15-year-old girl - 2 kg;

At night (from 22.00 to 06.00) and to work on a rotational basis (except for creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons according to the List of professions and positions of creative workers);

Part-time if the teenager is already working somewhere.

It is impossible to conclude an agreement on full financial responsibility with a minor. Therefore, it is better not to hire him for work related to the direct servicing of monetary and material assets.

Warn the manager

Minors bear full financial liability only for damage caused:

Deliberately;

In a state of alcohol, drug or other toxic intoxication;

As a result of committing a crime or administrative violation.

In all other cases, they are liable for damage only within the limits of their average monthly earnings.

Guarantees and benefits

It is more convenient to conclude a fixed-term employment contract with a full-time student (but only if he himself does not mind). If he refuses to conclude a fixed-term employment contract, then he will have to conclude a contract for an indefinite period (of course, except in cases where the work itself is urgent).

When deciding whether to hire a teenager, keep in mind that according to the Labor Code of the Russian Federation, he is provided with the following benefits and guarantees.

1. A minor cannot be subject to a test when hiring and, accordingly, cannot be fired for failing to pass the test.

2. He needs to set shorter working hours. We are talking about reduced, and not part-time working hours. To establish shortened working hours, a special application from the employee is not required; you are required to do so by law.

The length of working time for teenagers depends on their age and the fact of combining work with study. We present these standards in the table.

	Length of working week	Duration daily work (shift)
Do not combine work and study
From 16 to 18 years old	No more than 35 hours	No more than 7 hours a day
From 15 to 16 years old	No more than 24 hours	No more than 5 hours a day
Combine work and study
From 16 to 18 years old	No more than 17.5 hours	No more than 4 hours a day
From 14 to 16 years old	No more than 12 hours	No more than 2.5 hours a day

According to the Labor Code of the Russian Federation, the working hours of minor students working during academic year in free time from study, cannot exceed half of the norms established for persons of the corresponding age.

Restrictions for teenagers combining work and study do not apply only to the summer holidays, which was confirmed to us by the Ministry of Health and Social Development.

Kovyazina Nina Zaurbekovna, Deputy Director of the Department of Wages, Labor Safety and social partnership Ministry of Health and Social Development of Russia

“If a teenager works during the autumn, winter and spring holidays, then the norm of Article 92 of the Labor Code on halving working hours continues to apply for him. After all, holidays are given to a schoolchild for rest between academic quarters and are included in the academic year. But summer holidays are no longer academic year, so this standard does not apply when working during the summer holidays."

If your teenager studies in an evening (shift) educational institution that has state accreditation then you will also have to:

Provide him with additional paid leave to take final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days;

Establish for an employee, at his request, during the school year, a working week shortened by 1 working day or the number of hours corresponding to 1 working day (if the working day (shift) is shortened during the week). Moreover, during the time he is released from work, he will need to be paid 50% of average earnings, but not lower than the minimum wage.

Warn the manager

Evening school students will have to be given paid leave to take their final exams.

For employees who combine work with studying at an evening (shift) general education institution, the working week is reduced by 1 working day at their request. This norm is common to everyone who works and studies in the evening, and not just for teenagers. You can take advantage of the benefit provided by this norm to reduce the working week by 1 day if you wish. But this benefit day is not paid in full, but only in the amount of 50% of average earnings. Therefore, in practice, teenage students, as a rule, do not use this norm. After all, their working hours have already been halved (due to combining work and study).”

3. Minors (except for creative workers) cannot be sent on business trips or involved in overtime work, as well as work on weekends and non-working days holidays.

4. The production standards for a teenager should be less than the general production standards. At the same time, production standards decrease in proportion to how the teenager’s work duration decreases compared to the “adult” duration.

5. Annual paid leave for minors is granted for a duration of 31 (not 28) calendar days and at any time convenient for them. Moreover, they must be granted leave annually, that is, it cannot be transferred at the initiative of the employer. Moreover, it is also impossible to recall a teenager from vacation (even with his consent) and replace 3 days of each annual vacation (that is, that part of the vacation that exceeds 28 days) with monetary compensation. But you can divide your vacation into parts by agreement with him. It may happen that you hired a minor employee, and at the time of granting leave he was already 18 years old. For clarification on what the duration of an employee’s vacation should be in such a situation, we contacted the Russian Ministry of Health and Social Development.

Kovyazina N.Z., Ministry of Health and Social Development of Russia

“Minor workers are entitled to leave at the rate of 31 calendar days per working year, and not 28. If you follow a literal reading of the Labor Code, it turns out that an employee can apply for extended leave only if he was still a minor at the time of the leave. But here conflict situations are possible. For example, an employee, being a minor, worked for several months and did not use the right to extended leave before he turned 18, but goes on leave as an adult and, accordingly, has the right to only 28 days of leave. In order to avoid such conflicts, we still recommend providing vacation days in proportion to the worked “grace” and “regular” periods. Therefore, all the time for which the employee is granted vacation is divided into two periods and for the first of them, before the employee. turned 18 years old, the number of vacation days is determined at the rate of 31 calendar days per year, for the period after turning 18 years old - at the rate of 28 days per year."

Attention! You cannot replace vacation time with monetary compensation for a minor.

6. Absolutely all teenagers can be hired only after they have undergone a preliminary medical examination (examination). And then until they turn 18, they must undergo a medical examination annually. Moreover, while undergoing such a medical examination, the employee retains his average earnings.

Attention! During the periodic medical examination (examination), the employee retains his average earnings.

During the medical examination (or earlier if there are complaints about deteriorating health), the doctor can issue a medical opinion on the possibility (or impossibility) of the teenager continuing to work or give recommendations on his rational employment. Organizing medical examinations is the task of your company.

Remember that you do not have the right to allow a teenager to work who has not passed a medical examination and does not have a medical certificate. Otherwise, you will violate labor laws, for which the organization and its leader may be fined during an inspection by the labor inspectorate.

If a teenager underwent a medical examination, but received a negative medical report, and your company, despite this, hired him, then if this fact is revealed by the labor inspectorate, in addition to paying a fine, you will have to provide him with another job. And if there is no vacancy or if the employee refuses the transfer, terminate the employment contract and pay the teenager severance pay in the amount of average monthly earnings. If the job initially suited him according to the medical report, but then during the next medical examination contraindications were discovered, then the teenager will also have to be transferred to another job. And if there is no vacancy or if he refuses to transfer, dismiss the teenager with payment of severance pay in the amount of two weeks’ average earnings.

Features of the employment contract

An employment contract with a teenager has the following features.

1. Since the work and rest regime of a teenager, due to the reduction in his working time, differs from that generally accepted in the organization, the condition for such a regime must be spelled out in the employment contract.

2. As we have already said, teenagers' working hours are reduced. But unlike all other categories of workers who are subject to reduced working hours (disabled people, “harmful workers,” etc.), the work of teenagers is paid according to the rules of part-time work.

Short-time and part-time work are often confused. After all, the duration of both is less than the duration of normal working hours.

The main difference between them is that reduced working hours are the full standard of work for certain categories of workers listed in the law (disabled people of groups I and II; minors; persons working in harmful and (or) dangerous working conditions, etc. ). And it is established by virtue of direct enshrinement in the law.

And part-time work is only part of the normal or reduced working time, that is, part of the full standard of work. It is installed according to general rule agreement between employee and employer (with some exceptions).

Therefore, usually shortened working hours are paid in full - as normal, and part-time - in proportion to the time worked or depending on the amount of work performed.

Thus, in the employment contract, the condition on the teenager’s salary must be formulated on the basis that if he is a temporary worker, then he is paid only for the hours actually worked. And a teenage pieceworker's salary is calculated according to piecework rates, that is, he is paid a specific quantity, for example, of parts produced by him during a shortened working day. Moreover, the employer has the right, but is not obligated, to pay a teenager up to the wage level of adult workers.

Attention! Minor hourly workers are paid only for the hours actually worked, unless otherwise specified in the contract.

Example. Calculating wages for a minor temporary worker

The teenager is 15 years old. He works and doesn't study. His working hours are 24 hours a week (5 hours a day). In December 2009, he worked 109 hours. The salary for the position he occupies (according to the staffing table, subject to working the full working time of an adult employee) is 20,000 rubles. per month.

Let's determine the employee's salary for December 2009. The standard working time in December 2009 is 183 hours (with a 40-hour working week). Accordingly, the cost of 1 hour is 109.28 rubles. (RUB 20,000 / 183 hours). Then the salary for December 2009 will be 11,911.52 rubles. (RUB 109.28 x 109 hours).

What documents should be required from a teenager when applying for a job?

The list of required documents depends on the age of the teenager.

1. If he is already 16 years old, then the same documents are required as for adult workers:

Passport;

Work record book and insurance certificate of state pension insurance (if he has already worked before);

Certificate of a citizen subject to conscription military service, if he is already 17 years old.

Note

If the teenager has not worked before, then you will have to issue him a work book and make an entry in it about hiring within seven days from the date of start of work, and also issue him an insurance certificate of state pension insurance from the Pension Fund of the Russian Federation.

2. If a teenager is only 15 years old, then the same documents are required from him as from a 16-year-old, provided that he:

(or) received general education;

(or) continues to master the basic general education program in a form other than full-time (for example, evening or external);

(or) left the educational institution in accordance with the legislation on education.

Therefore, in addition you will receive from him:

(or) a document confirming receipt of general education;

(or) a certificate from an educational institution indicating that he is studying in a form other than full-time;

(or) a certificate from an educational institution stating that he left his studies in accordance with the legislation on education.

If a 15-year-old is still studying, then the same documents are required from him as from a 14-year-old.

3. If a teenager is 14 years old and is studying at school, then in addition to the general documents required from all employees, you need to receive from him:

Consent of the guardianship and trusteeship authority for employment on an official form;

Consent of one of the parents (guardian) to employment (this can be obtained in simple written form).

Also get a certificate from your teenager with a class schedule. After all, you must provide him with a mode of operation that will not interfere with the learning process.

Termination of an employment contract

In general, termination of an employment contract with teenagers is carried out according to the same rules as with adult workers. But there is one important feature. If the employment contract is terminated at the initiative of the employer, then he needs to obtain consent to dismiss the teenager from the labor inspectorate and the commission for minors. The only exception is the situation when the employment contract is terminated due to the liquidation of the organization or the termination of activities by the employer - an individual entrepreneur.

Since the consent of these bodies is required only if the initiator of dismissal is the employer, it is not necessary when dismissing a teenager due to the expiration of the employment contract, at the initiative of the employee or by agreement of the parties. It will also not be required if the employment contract is terminated due to circumstances beyond the control of the parties.

Warn the manager

The refusal of the labor inspectorate and (or) the juvenile affairs commission to agree to the dismissal of your teenager can be appealed in court. But, taking into account the duration of the trial and the labor costs associated with it (for example, the work of a lawyer), in order to avoid such situations, if the Labor Code of the Russian Federation allows, enter into fixed-term employment contracts with teenagers (for example, if you hire them for a period summer holidays).

As you already understand, a teenage employee is troublesome. But at the same time, minors can be paid less than adult workers. Therefore, if your organization needs such workers and you have the opportunity to employ them, then comply with all legal requirements. Otherwise, this may result in trouble for you.

You can hire a citizen has reached the age of 14. A teenager can sign an employment contract independently from the age of 16.

Exception- organizations engaged in cinematographic, theatrical, circus, concert activities. The list of exceptions also includes sports activities. The document is signed on behalf of a person between 14 and 16 years old legal representatives.

Organizations that teenagers can work for?

There are age restrictions when hiring. The law does not allow the employment of minors in all professions and not under all working conditions. There is a list of positions, on which You can’t work before 18:

Special restrictions apply to positions related to financial liability.

REFERENCE. An exhaustive list is contained in the Decree of the Government of the Russian Federation of February 25, 2000. No. 163.

For violating the rules for organizing the work of minors, the employer faces administrative liability. If the manager hired an employee in violation of the rules, the contract should be immediately terminated or the employee transferred to another position appropriate to his age.

Design features

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

However, when drawing up a contract, you need to take into account some nuances related to the fact that citizens under 18 years of age are classified as employees who need to create special conditions and ensure their protection:

1. An employment contract is concluded only after completing schooling. If you don’t have a certificate, you can hire a teenager who is continuing their education by correspondence as an employee.
2. Work must be carried out on time not busy studying and treat work with easy conditions.
3. Teenagers from 14 to 16 years old conclude contracts independently after obtaining the consent of parents or guardians.
4. A teenager over 16 can absolutely enter into a contract on one's own.
5. Special working conditions are necessarily provided by the employer.

The employer must take into account the special labor rules for citizens under 18. Otherwise, he may be held accountable.

Some nuances of an employment contract

When hiring teenagers, open-ended and fixed-term contracts are signed.

A contract for a specific time period is preferable.

This is due to the fact that to terminate open-ended contract with them at the initiative of the employer is possible only under certain conditions.

Terminate labor relations with minor employees is possible only having received permission from the Labor Inspectorate and the Commission on Juvenile Affairs. Without a visa from these authorities, termination of relations is against the law. Such an action is allowed when the organization disbanded or no longer works (Article 269 of the Labor Code).

The document being drawn up specifies the following points:

Working hours

Minors perform their duties on a reduced working day (Article 92 of the Labor Code).

The duration of work is directly dependent on age:

• up to 16 years old – 24 hours a week, 5 hours a day;
• from 16 to 18 years old – 35 hours per week, 7 hours a day;
• employees, combining work and study can be in the workplace - 14-16 years old - 2.5 hours per day, 16-18 years old – 4 hours

Remuneration

If the inclusion of a clause on the amount of wages in an employment contract with adult workers is not strictly mandatory, then the contract with a minor must must be specified size and procedure for receiving wages.

The manager can pay the employee according to full time during a shortened work week, but is not obliged to do so. Payment can be made in proportion to the working time spent, provided that this norm is fixed in the employment contract.

Exceptions

• It is prohibited to include clauses on possible business trips or overtime work in the contract. Forbidden attract teenagers to work at night, on weekends and holidays (Article 268 of the Labor Code).
• It is prohibited to provide for individual or collective financial liability (Article 244 of the Labor Code). A teenager can only be responsible for causing material damage intentionally or as a result of a crime.

List of required documents

Depending on the age of the employee you will need:

16 years and older - the same set of documents as an adult. This list includes:

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

When hiring a 15-year-old employee, the same set will be required, including the following documents in the list:

1. Certificate on completion of basic education.
2. If there is no certificate, certificate of completion of education in absentia form(evening school, external studies) and a certificate from educational organization that full-time education has been abandoned in accordance with the Law on Education of the Russian Federation.

If a teenager at the age of 15 has not completed basic education and is not studying part-time, he is hired under the same conditions as a teenager at the age of 14.

A 14-year-old employee additionally requires:

1. Consent of legal representatives.
2. Permission from the guardianship authorities on a special form.
3. Information about the lesson schedule and school day schedule.

Job application

Any standard form this document does not exist it is written in free form.

The application is signed by the manager. Along with the signature on the application must have a visa about consent to cooperate with a minor.

The application is filed in the employee’s personal file along with other documents.

After completing the application, the employee is introduced to the local regulations of the enterprise under his personal signature.

Guarantees provided

Labor legislation for workers under the age of majority a number of additional measures are provided, guaranteeing the preservation of their physical and moral health, as well as their proper development and personality formation.

The essential warranties are subject to the limitations discussed above.

In addition, there are additional features of labor organization:

• duration next vacation should be at least 31 calendar days. Its duration can be increased;
• Persons under 18 years of age can receive additional leave if they wish. In the first year labor activity rest (at the request of the employee) can be granted 6 months after the start of registration at work. In addition, if the employee is a student, he is required to be granted study leave for the period of the session;
• replace regular and additional annual leave with money forbidden. The exception is payment for unused vacation upon dismissal;
• when hiring, it is prohibited to establish for minor workers (persons under 18 years of age) in accordance with Article 70.TK

Contract termination procedure

Dismiss a minor own initiative the employer has no right. To be dismissed, he must obtain permission from the Commission on Minors' Affairs and the State Tax Inspectorate.

If the manager has not received permission from these authorities to terminate the contract, the employee is reinstated at their request and is paid a salary for the period of forced absence.

The employment contract is terminated at the request of parents or guardians employee.

This may happen if they believe that work interferes with his studies.

If a two-month contract has been concluded with a minor, it is terminated at his request before the end of the term. The employee is obliged notify the manager in writing 3 days in advance about wanting to quit. After this, he has the right not to go to work.

When the contract term comes to an end, the employer is obliged to warn the employee 3 days in advance about the upcoming dismissal.

Compliance with these rules is mandatory for managers providing jobs to persons under 18 years of age.

A minor, i.e. a person under the age of 18 (Article 1 Federal Law dated June 24, 1999 No. 120-FZ), 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, permanent or temporary residents of the Russian Federation foreign citizens 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 for the employee a work book and an insurance certificate of compulsory pension insurance (paragraph 10 of 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 employ 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.

An employment contract for an indefinite period or a fixed-term employment contract is concluded with a minor employee. 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, preliminary medical examination(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, they cannot be subject to a probationary period.

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.

The weekly working hours of students in educational institutions under the age of 18 who work during the academic year in their free time 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 educational institutions of primary and secondary vocational education who combine study with 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, being involved in overtime work, working at night, on weekends and non-working 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.

With time-based wages, wages for employees 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 for calculating vacation pay are 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 in number or staff, employees from among orphans and children left without parental care are released, then the organization or its 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.

Regulatory framework

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 employment conditions, 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

IN Labor Code The Russian Federation has established a unified procedure for registering labor relationships. It applies to all categories of workers, regardless of their belonging to a particular social group, including this applies to 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 the package of documents established by law, 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 study.

Documents

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;
• a school certificate or a certificate of 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 on working conditions to the above documents.

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 adulthood.

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, as well as bring benefit 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 TC, in particular, there is a whole series provisions regulating the employment of minor workers. 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

According to International Covenant of 1966 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. State policy in general is focused on providing this category of citizens with certain guarantees and helping 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 of economic activity, organizational and legal status, or 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 can negatively affect the health and moral development of a 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:

1. For the civil service.
2. In professional rescue units and services as rescuers.
3. To private security.
4. 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:

1. Up to 14 years old. According to the Civil Code, these citizens are considered minors.
2. 14-18 years old are minors.

Classification is also carried out by level of education:

1. Full-time students.
2. Those who have officially stopped studying or are receiving knowledge in absentia.
3. Those who have secondary education, are studying part-time or have left school.

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:

1. Written consent of the father or mother (guardian). It is expressed in free form and addressed to the head of the enterprise.
2. Document on education, special training (knowledge), qualifications.
3. 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.
4. Work book (if available).
5. Birth certificate/passport.
6. 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.
• Work schedule.
• Terms of payment and so on.

The signature confirming 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, the following conditions must be met:

1. The work schedule does not coincide with study time and does not interfere with the educational process.
2. The teenager is a student, about which a corresponding certificate from the educational institution is provided.
3. 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:

1. They do not seem harmful to his development and health.
2. Does not harm school attendance.
3. 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 - a labor contract. 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:

1. Upon completion of education - a certificate of completion of 9 classes.
2. 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.
3. 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).

Medical examination

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 activities 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

This article establishes prohibitions that apply to minors. In particular, teenagers are not allowed:

1. Send on business trips.
2. 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:

1. Part-time.
2. Performed on a rotational basis.
3. 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:

1. Up to the salary level of specialists in the corresponding categories, subject to the full duration of daily activities with a time-based calculation.
2. 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:

1. Intentional causing of damage.
2. Causing harm while intoxicated (toxic, narcotic, alcoholic).
3. 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:

1. causing harm to health.
2. With the rise of the unacceptable regulatory documents heaviness.
3. Underground.
4. Inappropriate to the moral and ethical 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. Execution 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 registration of 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, date of commencement 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.

The contract is accompanied by a 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, other local regulations directly related to the employee’s work activity, and the 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 workers.

For workers under the age of eighteen who enter work after receiving general education or secondary vocational education, as well as having undergone vocational training on the job, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contract Reduced production standards may be established.

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 activity. 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.

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