The enterprise plans to hire a minor graduate of a vocational school at the age of 17 years (birthday 10/03/1998) for the position of collector of goods and materials. According to working conditions maps this profession classified as hazardous (3.2.) The enterprise has the opportunity to perform work in the profession of an assembler of goods and materials using a piece-rate wage system, but not in hazardous conditions. How to correctly reflect in an employment contract the working conditions of this teenager, taking into account the hazardous nature of the profession? If this employee will not work in hazardous working conditions, how to correctly pay the additional tariff for him in the Pension Fund of the Russian Federation? Will it be necessary to draw up an additional agreement with the employee when he reaches 18 years old on 10/03/2016, or the specifics of labor relations from 10/03/2016 can be written down immediately in the text of the main contract?
Answer
Answer to the question:
For teenagers hired, the employer must provide acceptable ( ). Working conditions for teenagers must meet the following requirements:
- , approved ;
After the employee reaches 18 years of age, an additional agreement must be concluded. agreement. He will no longer be entitled to the benefits mentioned above.
You can immediately indicate in the TD that all benefits as a minor worker are established until the age of 18, and then describe working hours, rest time, etc. as an adult employee from this date.
Details in the materials of the Personnel System:
1. Answer:How to organize work and take into account the peculiarities of labor relations of minors
Stages of occupational safety for teenagers
What are the features labor activity minor employees
The legislation provides for special standards that provide special labor protection for adolescents (persons under 18 years of age, i.e., minors) in comparison with general labor standards. These labor benefits are necessary to protect the health of the young body and the moral development of the teenager.
Peculiarities of labor protection for adolescents appear at the following stages:
Attention: non-compliance with labor legislation and labor safety standards, including in relation to teenagers, may become the basis for bringing the organization and its officials to ().
In addition, for an employee responsible for compliance with labor safety rules, this may occur if a violation due to negligence results in serious harm to the health of a teenager or his death ().
Hiring
What are the specifics of hiring minors?
When hiring teenagers, the following guarantees provided by law apply:
Work restrictions
What kind of work should minors not be involved in?
Organizations are prohibited from attracting minors:
- to work part-time;
- to work that causes physical and mental harm (for example, work in the gambling business, night cabarets and clubs, work in the production, transportation and trade of alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content);
- to carry out work from approved;
- to work related to lifting and moving heavy loads higher than those established and approved.
This follows from the provisions of the articles, the Labor Code of the Russian Federation, paragraphs and SanPiN 2.4.6.2553-09, approved.
Question from practice: can a teenager undergo practical training at work with harmful or dangerous working conditions?
Maybe, but only under certain conditions.
A teenager may be allowed to do such work if the following conditions are met:
- he is 16 years old;
- he passed a medical examination;
- the duration of the working day is no more than four hours with strict adherence to sanitary rules and labor protection standards;
- the work is not carried out at height, is not steeplejack, explosive, underground or underwater.
This conclusion can be drawn from the notes to the list approved and SanPiN 2.4.6.2553-09 approved.
Additional job security
What employment guarantees are provided for the employment of minor employees?
Adolescents aged 14 to 18 years belong to the category of citizens in particular need of social protection and having difficulty finding work. For them, the legislation provides additional guarantees of employment by organizing temporary employment for minors in their free time from study, providing vocational guidance services, etc. This is provided for in paragraph 2 of Article 5 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, Article 11 of the Law of July 24, 1998 No. 124-FZ.
Job quotas
Question from practice: How do job quotas for minors work?
For workers under 18 years of age, the law provides for job quotas for the purpose of employment (). Failure to comply with these quotas entails administrative liability. At the same time, issues of quotas for jobs for young people are within the competence of the authorities state power subjects of the Russian Federation (). This means that each subject determines the procedure for quotas and measures of responsibility independently, and in different regions this order may differ: in the size of quotas, measures of responsibility, and the procedure for submitting information about the fulfillment of the quota.
For example, in Moscow, job quotas for young people are regulated. Moscow employers, regardless of organizational and legal forms and forms of ownership, are obliged to create quota jobs for young people at the expense of own funds. Quotas are created for employment:
- minors aged 14 to 18 years;
- orphans and children left without parental care, under 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.
Only those organizations with more than 100 employees are required to comply with the quota.
For quota purposes, Moscow employers, within a month after state registration, provide the following information to the Moscow State Public Institution “Center for Job Quotas”:
- copies of the charter, regulations, constituent agreement or owner’s decision to create an organization;
- information letter from state statistics bodies on registration in the statistical register of Rosstat;
- data on the average number of employees on the day the quotas were established. This information contains, approved. If the employer does not submit the form to the statistical authorities, then it is enough to provide a letter certified by the seal and signatures of the manager and chief accountant.
The quota for employment of youth (including minors) in Moscow is two percent of. When determining the quota for youth employment, do not take into account the number of employees of branches and representative offices of the organization that are located in another area (). Based on the established quota size, employers independently determine the number of quota jobs for young people. The calculation of the quota for youth in Moscow is similar in the specified region. When calculating the number of workers employed under the quota, round their number down to the whole value ().
It is considered that the employer will fulfill the quota for minors in the following cases:
- when concluding an employment contract with a young employee, the validity of which in the current month will be at least 15 days;
- upon monthly payment to the Moscow budget of the compensation cost of the quota-based workplace. The amount of such compensation cost is equal to the minimum subsistence level for the working population, determined in Moscow on the day of its payment.
Employment of minors against the quota is carried out by the employer independently or at the direction of the employment service ().
Failure to comply with the obligation to create or allocate jobs for young people is grounds for bringing the employer to administrative liability. For employers who operate in Moscow, an administrative fine for violation established order job quotas will be:
- from 3000 to 5000 rub. - for officials;
- from 30,000 to 50,000 rub. - for legal entities.
A teenager who has reached the age of 14 can be hired if the following conditions are simultaneously met:
- he is a student;
- the work provided falls into the category of light work that does not cause harm to health;
- A teenager should work in his free time from school, without disrupting the learning process;
- one of the parents (guardians) and the guardianship and trusteeship authorities agree to involve the teenager in work.
Persons under 14 years of age may only be employed separate categories employers. These are cinematography organizations, theaters, theater and concert organizations, circuses for participation in the creation and (or) performance of works, provided that the work in which the teenager is involved will not harm his health and moral development. In this case employment contract signed with the employer by the parent (guardian) of the child with the consent of the guardianship and trusteeship authorities. The permit from the guardianship and trusteeship authority specifies the conditions under which the work can be performed. Such conclusions follow from Article 63 of the Labor Code of the Russian Federation.
An example of concluding an employment contract with a minor
Alpha LLC hired Elena Vasilievna Ivanova at the age of 17 as a secretary. They concluded with her taking into account the specifications established for minor employees.
For a complete list of features that must be taken into account when employing a teenager, see.
Medical examination
Do minors need to undergo a preliminary medical examination when applying for a job?
For the purpose of mandatory health protection, it is possible to hire an employee under 18 years of age only after he has been referred by the employer (Article , Labor Code of the Russian Federation).
For more information about what documents a teenager must present when applying for a job, see.
Working conditions
What working conditions should be provided for minor employees?
For teenagers hired, the employer must provide acceptable (). Working conditions for teenagers must meet the following requirements:
- , approved ;
- sanitary rules for individual species economic activity (SanPiN 2.4.6.2553-09, approved).
Attention: if an employer does not provide sanitary standards for teenagers established by law, this is a violation of legislation in the field of ensuring sanitary and epidemiological well-being. Administrative liability is provided for this violation.
During an inspection, Rospotrebnadzor employees may fine:
- an official of an organization (for example, a manager) in the amount of 500 to 1000 rubles;
- organization from 10,000 to 20,000 rubles. or suspension of activities for up to 90 days;
- entrepreneur from 500 to 1000 rubles. or suspension of activities for up to 90 days.
Working hours
How to set working hours for a minor employee
For minor employees (under 18 years of age) is provided. It amounts to:
- for employees under 16 years of age - no more than 24 hours a week;
- for employees aged 16 to 18 years - no more than 35 hours per week.
If a minor employee combines work with study during the academic year, then the maximum working week is halved and is:
- for employees under 16 years of age - no more than 12 hours per week;
- for employees aged 16 to 18 years - no more than 17.5 hours per week.
In addition to the shortened working week, for minor employees it is necessary to comply with restrictions on the duration of daily work (shift). Thus, the maximum duration of daily work is:
- for employees aged 15 to 16 years - 5 hours;
- for employees aged 16 to 18 years - 7 hours.
If a minor employee combines work with study during the academic year, then the maximum duration of daily work is:
- for employees aged 14 to 16 years - no more than 2.5 hours;
- for employees aged 16 to 18 years - no more than 4 hours.
This is stated in paragraphs, part 1 of Article 94 of the Labor Code of the Russian Federation.
Moreover, when shift schedule work, the duration of continuous time free from work for a teenager should not be less than 12 hours (SanPiN 2.4.6.2553-09, approved).
The working hours for employees under 14 years of age are:
Attention: on a pre-holiday day, the work of minor employees is subject to reduction by one hour per hour.
Advice: If necessary, a minor, in addition to reduced working hours, can additionally.
An example of calculating working hours for a minor employee
P.A. Bespalov (age 16) studies at school and works as an assistant secretary. The organization has a 5-day work week.
The employment contract concluded with Bespalov specifies a reduced duration of his working day - 3.5 hours.
The length of the shortened working week for Bespalov is:
3.5 hours × 5 days. = 17.5 hours
The maximum length of the working week for students of this age category is 17.5 hours (). Thus, the work schedule established for Bespalov complies with labor legislation.
Question from practice: what working hours can be set for employees under 14 years of age?
For employees under 14 years of age, the duration of the shortened working week is:
- no more than 24 hours a week;
- no more than 12 hours a week while combining work and study.
This follows from the provisions of parts, Article 92 of the Labor Code of the Russian Federation.
In this case, the maximum permissible duration of daily work is established by decision of the guardianship and trusteeship authority. Such a decision is mandatory when hiring persons under 14 years of age. This is stated in Article 63 of the Labor Code of the Russian Federation.
Question from practice: how to set working hours for a minor employee. A teenager is hired during the holidays
For minor employees (under 18 years of age), reduced working hours are provided. At the same time, restrictions are set both on and on (Article , Labor Code of the Russian Federation). The specific length of working time during the week and working day depends on two facts:
- age of the minor employee (over or under 16 years of age);
- on working conditions: whether the employee combines work with study during the academic year or not.
The concept of the academic year is disclosed in the Model Regulations approved. It states that the length of the school year is general rule is at least 34 weeks. At the same time, the rest of the time calendar year falls on vacations, the duration of which during the academic year is at least 30 calendar days, and in the summer - at least 8 weeks. From the above it follows that the holiday time in academic year not included. This means that if an employee works during the holidays, he is subject to the general rule on the duration of reduced time established for minors, taking into account his age (but without taking into account additional restrictions that are provided for teenagers combining work with study).
So, for example, for an employee aged 17 who is hired during the holidays, the employer is obliged to establish:
- shortened working week - no more than 35 hours ();
- shortened working day (shift) - no more than 7 hours ().
If we are talking about hiring an employee aged 14 to 15 years, then they will apply.
Question from practice: how to set working hours for an employee aged 14 to 15 years. A teenager is hired during the holidays
The employer sets reduced working hours for minor employees. The restrictions apply to both and (Article , Labor Code of the Russian Federation).
In relation to minor employees who work during the holidays, there are additional restrictions on reducing working hours established specifically for teenagers combining work with study, that is, they are subject to the general standards established for teenagers who, for one reason or another, have completed their studies (, Labor Code of the Russian Federation).
At the same time, there is no general rule on the duration of a shortened working day (shift) for employees aged 14 to 15 years in the Labor Code of the Russian Federation. In this case, by-laws should be applied. In accordance with the Regulations approved, the duration of working hours during the holidays for students from 14 to 16 years old cannot exceed four hours a day.
Thus, an employer, hiring an employee aged 14 to 15 years to work during the holidays, is obliged to establish for him:
- shortened working week - no more than 24 hours ();
- shortened working day (shift) - no more than 4 hours (Regulations approved).
Remuneration
How to pay a minor employee
An example of calculating additional payment to a minor employee for reduced working hours. The organization uses a time-based wage system
In an organization, the salary of an equipment adjuster for a 40-hour week is 15,000 rubles.
17-year-old service technician L.I. Petrov works 35 hours a week.
Petrov’s salary for a fully worked month is 13,215 rubles. ((RUB 15,000: 40 hours) × 35 hours).
However, the organization’s collective agreement provides for additional payments to minors for reduced working hours up to the employee’s salary from 40 hours working week y.
Petrov’s additional payment is 1,785 rubles. (RUB 15,000 - RUB 13,215).
An example of determining the production norm for a minor with a reduced work schedule. The organization uses a piece-rate wage system
The organization produces furniture. The company employs carpenter L.I. Petrov at the age of 17 years.
The organization uses a piece-rate wage system. With a 40-hour work week, an adult carpenter must make 16 parts per shift.
Petrov can work no more than 7 hours a day. This means that during a shift he must produce:
16 parts: 8 hours × 7 hours = 14 parts.
An example of calculating additional payment to a minor employee for reduced working hours. The organization uses a piece-rate wage system
To the worker of the organization L.I. Petrov is 17 years old, so he has a 35-hour work week.
The organization uses a piece-rate wage system. The price for manufacturing one part is 30 rubles/piece.
In June 2015, Petrov produced 100 parts. At piece rates he was charged:
100 pcs. × 30 rub./piece = 3000 rub.
The organization's collective agreement provides for additional payment to minors for reduced working hours.
The employment contract concluded with Petrov states that the hourly wage rate for the category assigned to him is 25 rubles/hour. Working hours in June 2015 are:
- with a 40-hour week - 167 hours;
- with a 35-hour week - 147 hours.
Thus, Ivanov needs to pay an additional 500 rubles. ((167 hours - 147 hours) × 25 rub./hour).
Annual physical examination
How often should a minor employee undergo medical examinations?
While working, an employee under 18 years of age must undergo a mandatory medical examination annually (and the Labor Code of the Russian Federation).
Additional conditions and guarantees for the work of teenagers
What additional features must be taken into account when hiring a minor?
Termination of an employment contract
What features must be taken into account when dismissing a minor employee?
Termination of an employment contract at the initiative of the employer with a teenage employee is possible only with the labor inspectorate and the commission for the affairs of minors and the protection of their rights. The only exception is termination of the employment contract due to the liquidation of the organization or termination of activities individual entrepreneur. Such rules are established by the Labor Code of the Russian Federation.
Coordination of dismissal with labor inspectorate and the commission
Question from practice: how to coordinate the dismissal of a teenager with the labor inspectorate and the commission on minors’ affairs
Termination of an employment contract with an employee under the age of 18 at the initiative of the employer is permitted only with the consent of the labor inspectorate and the commission for minors. The exception is cases of termination of an employment contract due to the liquidation of the employer or termination of the activities of an individual entrepreneur. This is stated in the Labor Code of the Russian Federation.
The procedure for coordinating the dismissal of a minor employee with the labor inspectorate and the commission for minors is not established by law. Therefore, for such purposes, you can use the procedure that is used with ().
To approve the dismissal, send it to the commission on minors' affairs, attaching a draft dismissal order and copies of the documents that are the basis for this decision (for example, a copy of the protocol of the certification commission - in case of dismissal due to the employee's inadequacy for the position held). send similar contents with the same documents attached to the labor inspectorate.
The labor inspectorate and the commission on minors' affairs review documents sent by the organization in the manner prescribed by the regulations of these departments. Based on the results of reviewing the documents, they draw up motivated opinions in writing and send them to the employer.
If both departments agree with the decision to dismiss a minor employee, then the organization has the right to terminate the employment contract with him.
If at least one of the departments does not agree with the dismissal of a minor, then the organization can also terminate the employment contract with such an employee. However, there is a possibility that the court will declare the dismissal illegal and will oblige the organization to reinstate the employee at work and pay him for the time of forced absence. In addition, at the request of an employee, the court may make a decision to collect monetary compensation for moral damage from the organization in favor of the illegally dismissed person. This is stated in
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Hiring a minor (Shtatnova L.F.)
Date of article posting: 07/21/2014
Do you want to hire a minor, but think that the registration process will take too much time? In fact, there is nothing complicated about this if you know what restrictions and prohibitions, as well as guarantees, are established in labor legislation.
The beginning is just around the corner summer holidays. Teenagers will have more free time, and many of them will want to get a job. But most companies are hesitant to add minors to their workforce. Thus, many employers believe that it is pointless to hire teenagers - they will work for a couple of months and quit, and the organization will have to look for an employee again. Yes, in some cases young people are looking for work only during the holidays, but there are also those who want to work on a permanent basis, despite being busy with their studies.
At the same time, for organizations, hiring a minor is a good chance to save money, as well as find employees who can become very valuable personnel in the future. After all, with the participation and assistance of the employer and the team directly, teenagers can be raised into responsible, purposeful, efficient, and most importantly, workers with practical knowledge.
Also, labor legislation contains many features that must be taken into account and observed when hiring a minor. And even if you have the desire and opportunity to hire a teenager, the presence of all sorts of “buts” and “ifs” is sometimes scary. But everything is not as difficult as it might seem. Let's look at the main features.
At what age and for what job can a teenager be hired?
Labor legislation establishes very strict requirements for the age of a minor, from which the employer has the right to conclude an employment contract with him. Thus, as a general rule, it is allowed to hire teenagers who are over 16 years old (Part 1 of Article 63 of the Labor Code of the Russian Federation).
However, it is not prohibited to enter into employment contracts with persons under 16 years of age. But only if the following conditions are met:
- minors aged 15 years who are receiving (have received) general education can be hired to perform light labor (Part 2 of Article 63 of the Labor Code of the Russian Federation);
- minors aged 14 years who are receiving general education can also be hired, but only to perform light labor in their free time from school (Part 3 of Article 63 of the Labor Code of the Russian Federation). At the same time, the employment of a fourteen-year-old teenager occurs only with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority.
In most cases, teenagers can be hired as courier, waiter, promoter, etc., as well as involved in servicing cultural events, harvesting, landscaping and landscaping the city, etc.
Regardless of the age of a minor, he must not be involved in work that could harm his health and moral development. Decree of the Government of the Russian Federation dated February 25, 2000 N 163 approved the List of heavy work and work with harmful or dangerous working conditions, during which the employment of persons under 18 years of age is prohibited. These include work performed in such professions as conveyor operator, crusher, tire balancer, tire collector, gas cutter, gas welder, and so on; this list is very extensive and compiled for various industries.
Regarding work activities that can cause harm to the health and moral development of a teenager, this, in particular, includes work:
- for the production, transportation and trade of alcoholic beverages and tobacco products, as well as narcotic and other toxic drugs;
- in the gambling business;
- in nightclubs, bars, cabarets.
Minors cannot be employed in the civil service, as rescuers in professional emergency rescue services and formations, in departmental security, or involved in working with erotic materials or working in religious organizations.
If the work of a young employee involves carrying and moving heavy objects manually, then lifting and moving them is allowed only within the limits of the Standards set out in Resolution of the Ministry of Labor of Russia dated 04/07/1999 N 7. For example, for a sixteen-year-old boy, the maximum weight of a load constantly lifted and moved manually is during a work shift is 4 kg, and for a sixteen-year-old girl - 3 kg. In this case, the mass of the cargo must include the mass of containers and packaging.
Thus, these requirements are mandatory for the employer. If they are not observed, regulatory authorities may hold the organization liable for violation of labor laws in accordance with Art. 5.27 of the Code of the Russian Federation on Administrative Offences.
Features of work
In addition to the above restrictions, labor legislation also establishes a considerable number of benefits and guarantees regarding the labor of minors.
Firstly, a minor can be hired only after he has passed a preliminary medical examination (Article 69, 266 of the Labor Code of the Russian Federation). After passing the medical examination, the teenager is given a conclusion which will indicate whether or not he can perform work in a certain profession. If the conclusion states that a minor cannot work in the position for which he wants to get a job, then the employer does not have the right to hire him for it.
For reference. It is allowed to employ minors (under the age of 14) to work in cinematography organizations, theaters, theatrical and concert organizations, circuses, physical education, sports and other organizations. Minors can be hired by these organizations only to participate in the creation or performance (exhibition) of works. It is necessary to have the consent of one of the parents (guardian) and permission from the guardianship and trusteeship authority (it indicates the duration of daily work and other conditions). The employment contract is signed on behalf of the employee by his parent (guardian).
A teenager should be sent not only for a preliminary, but also for a periodic medical examination, that is, once a year until he reaches adulthood. All medical examinations of a teenager are carried out at the expense of the employer (for more details, see the article “Medical examination at the expense of enterprises” in the magazine “Practical Accounting” No. 10, 2013). During the periodic medical examination (examination), the employee retains his average earnings.
Secondly, shortened working hours are established for the young employee (Articles 92, 94 of the Labor Code of the Russian Federation). The length of working time for a minor depends on many factors. So, as a general rule, the working hours are:
- for workers under 16 years of age - no more than 24 hours a week;
- for workers aged 16 to 18 years - no more than 35 hours per week.
At the same time given time is halved if the teenager combines work with study, that is, works during the school year in his free time (the school year includes periods of autumn, winter and spring holidays). Therefore, the working hours should be:
- for persons under 16 years of age - no more than 12 hours per week;
- for persons aged 16 to 18 years - no more than 17.5 hours per week.
Also, the provisions of labor legislation limit the daily duration of work of a teenager. It is 5 hours for workers aged 15 to 16 years, and no more than 7 hours for workers aged 16 to 18 years. When combining work with study, these hours are halved (from 14 to 16 years old - 2.5 hours; from 16 to 18 years old - no more than 4 hours).
It is worth noting that you can also hire a minor on a part-time basis (Article 93 of the Labor Code of the Russian Federation).
Thirdly, the duration of the annual paid leave of a minor is 31 calendar days (Article 267 of the Labor Code of the Russian Federation). Leave is granted at the request of the young employee at a time convenient for him. In this case, rest can be provided before the expiration of six months of continuous work in the company (Article 122 of the Labor Code of the Russian Federation).
At the same time, for employees under the age of 18, it is not allowed to transfer vacation to the next year (Article 124 of the Labor Code of the Russian Federation); recall from vacation (Article 125 of the Labor Code of the Russian Federation); replacement of vacation with monetary compensation (Article 126 of the Labor Code of the Russian Federation).
Also, a minor must be granted study leave (Articles 173 - 177 of the Labor Code of the Russian Federation) if he combines work, for example, with obtaining secondary vocational education under programs for training skilled workers. In this case, the educational institution must have state accreditation(for more details, see the article “All about educational recreation” in the magazine “Practical Accounting” N 12, 2013).
Study leave is granted in calendar days (non-working days are included in the calculation of time). holidays which occurred during vacation). Vacation may be divided into several parts, but the total number of days should not exceed the established norms. This “rest” is not extended under any circumstances (eg illness). However, if the young employee has not recovered after the end of his vacation, then starting from the day he was supposed to return to work, he is accrued temporary disability benefits.
Pay attention! From January 1, 2014, minors can be hired as part-time workers, except in cases where the work involves harmful or dangerous working conditions (Article 282 of the Labor Code of the Russian Federation). These amendments to Labor Code introduced by Federal Law No. 421-FZ of December 28, 2013. Previously, teenagers were prohibited from engaging in part-time work.
Fourthly, a minor is always hired without a probationary period. The establishment of a probationary period is expressly prohibited by Art. 70 of the Labor Code.
Fifthly, the employer does not have the right to enter into agreements with a teenager on full individual or collective (team) financial responsibility. Thus, as a general rule, a young employee is liable for damage caused to the employer only within the limits of his average monthly earnings. However, there is an exception. If the damage was caused intentionally, while under the influence of alcohol (drugs, toxic substances), or as a result of committing a crime or administrative offense, then the teenager can be brought to full financial responsibility.
Sixthly, with time-based wages, wages are paid taking into account reduced working hours. When combining work and study, remuneration is made in proportion to the time worked or depending on output. If a teenager is allowed to do piecework work, then payment is made at the established piecework rates.
Seventh, in accordance with Art. 268 of the Labor Code, teenagers cannot be sent on business trips or involved in overtime work, work at night (from 22.00 pm to 06.00 am), on weekends and non-working holidays (an exception is made only for creative employees and athletes). Also, minors should not be allowed to work on a rotational basis (Article 298 of the Labor Code of the Russian Federation).
Eighth, the working conditions of the young employee must meet the sanitary requirements approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 30, 2009 N 58.
So, we found out what prohibitions and restrictions apply to the work of a teenager, as well as what nuances exist. Now let's look at the procedure for hiring a minor.
What documents do I require?
The main list of documents submitted to the employer by a future employee is enshrined in Art. 65 Labor Code. Thus, adolescents aged 15 to 18 years old must present the following documents:
- passport or other identification document;
- work book (if available);
- insurance certificate of state pension insurance (if available);
- a document on education or qualifications (availability of special knowledge) (when applying for a job that requires special knowledge or special training);
- a military registration document for persons subject to conscription for military service (registration certificate, which is most often issued from the age of 17);
- a certificate from a medical institution confirming a medical examination with a “healthy” conclusion.
If the teenager is between 14 and 15 years old, then in addition to the above documents, the following will be required:
- a document confirming the consent of one of the parents (guardian) to conclude an employment contract. The form of this document is not established, but it must be in writing indicating the passport details of the person giving permission to employ a minor;
- a document confirming the consent of the guardianship and trusteeship authority for the employment of a minor (Part 3 of Article 63 of the Labor Code of the Russian Federation);
- certificates from educational organization indicating the training mode.
Only if these documents are available, an employment contract can be concluded with a minor.
Preparation of documents for hiring and dismissal
The conclusion of an agreement with a minor occurs according to generally established rules. So, before signing a contract, a teenager should be familiarized with the internal labor regulations, job description and other local regulations.
The employment contract must not contain the following conditions:
- about the probationary period;
- full financial responsibility;
- availability of business trips;
- about working on a rotational basis;
- about working at night, on weekends and holidays.
After signing the employment contract, you should issue an order for employment in form N T-1 (N T-1a) (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1) or in the form that is approved by the organization. Next, the relevant entries are made in the work book, and the employee’s personal card is also filled out. If a teenager being hired does not have a work book or pension certificate, the employer is obliged to issue them independently.
The dismissal of a teenager also applies general rules, enshrined in the Labor Code (for example, he can resign due to at will, by agreement of the parties, etc.). However, the dismissal of a minor at the initiative of the employer is allowed only with the consent of the State Labor Inspectorate and the Commission for the Affairs of Minors and the Protection of Their Rights (Article 269 of the Labor Code of the Russian Federation). This requirement does not apply to dismissal in connection with the liquidation of an organization or termination of the activities of individual entrepreneurs.
Now schoolchildren and students have fewer problems with employment. Along with specialized centers for youth, they can also turn to largerecruitment agencies.
Minors - special social group; an entire chapter is devoted to the application of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001). At the same time, a number of provisions concerning the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of adolescent labor are aimed primarily at preventing the negative impact of production factors on the development, health, moral and mental state of a minor.
Age
The Labor Code determines the age at which citizens are hired - 16 years. It is possible to hire from the age of 15 persons who have received basic general education or who have left general education in accordance with federal law. educational institution. But when concluding an employment contract with a minor worker there are some nuances.
Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons over 16 years of age. Those who are younger can only sign an employment contract if they have already completed their studies at school.
Employment of persons over 14 years of age is permitted. Based on Part 3 of Article 63 of the Labor Code of the Russian Federation mandatory conditions to conclude an employment contract with this category are: written consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority; work should not interfere with studies; the work should be easy and not cause harm to the teenager’s health. If the contract is concluded for the first time, then the organization is obliged to issue a work book for the teenager and a certificate of state pension insurance (Article 65 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation contains a provision that determines the possibility of minors under the age of 14 entering into labor relations. This exception on the basis of Part 4 of Article 63 of the Labor Code of the Russian Federation is established for cinematography organizations, theaters, theatrical and concert organizations, circuses in relation to minors to participate in the creation and (or) performance of works without harm to health and moral development.
Article 70 of the Labor Code of the Russian Federation indicates that an organization does not have the right to establish for a minor probation. Before starting to work in an organization, a minor is required to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). Thereafter, the employee must undergo a medical examination annually until he reaches 18 years of age.
Length of working day
Workers under 18 years of age have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes the normal length of the working week - 40 hours. But it should be taken into account that for employees under 18 years of age, a shortened working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees under 16 years of age - no more than 24 hours; for workers from 16 to 18 years old - no more than 36 hours; for workers under 16 years of age studying at any educational institution - no more than 12 hours; for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift): for workers aged 15 to 16 years - no more than 5 hours; for workers aged 16 to 18 years - no more than 7 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from fourteen to sixteen years - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 3.5 hours.
On the basis of Part 3 of Article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) general educational institutions during the academic year are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened during weeks). During the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than minimum size wages.
Works where the use of labor is prohibitedminors
Current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the load carried or moved by the employee; the nature of the work performed; work regime. Persons under the age of 18 are not allowed to work in harmful and (or) dangerous working conditions. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); hard work; working in harmful or dangerous working conditions.
The list of heavy work and work with harmful and dangerous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.
In addition, the Labor Code of the Russian Federation prohibits: involving minors in overtime work; call on the night shift and on weekends: the prohibition of using minors at night is established by Article 96 of the Labor Code of the Russian Federation. The work shift of an employee under 18 years of age must begin no earlier than 6 a.m. and end no later than 10 p.m.
Workers under 18 years of age cannot be sent on business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home every day. As an exception, in accordance with Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send minors who are creative workers to work on business trips, overtime, night work, on weekends and non-working holidays mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Until such lists are established, sending minors on business trips, engaging them in overtime work, night work, weekends and non-working holidays is impossible.
Production standards and wages
Article 270 of the Labor Code of the Russian Federation stipulates that production standards for persons under 18 years of age are determined based on the general standards established for adult workers, in proportion to the reduced working hours established for minors.
Thus, for minors aged 16 to 18 years, the production rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.
Article 271 of the Labor Code of the Russian Federation establishes the following remuneration for workers under the age of 18: with a time-based wage system, wages for minor workers are paid on the basis of established tariff rates, official salaries in proportion to the time worked - respectively 36 hours or 24 hours a week (not combining training with labor) and 18 hours or 12 hours a week (combining training with labor in free time). Under the piece-rate wage system, the work of persons under 18 years of age is paid at the established piece-rate rates for adult workers, taking into account the production norm established for young workers. For workers under the age of eighteen, studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time from study, payment is made in proportion to the time worked or depending on output. The employer can provide these employees with additional wages at their own expense.
Leave of absence for minor workers. Workers under the age of 18 are provided with annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minor workers, incl. working part-time. During the period of employment of a minor employee, it is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor workers with additional paid leaves provided for by law, as well as collective and labor agreements. Thus, an employee who combines work with study is entitled to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to put him on leave without pay. For example, to pass entrance exams.
The material was prepared based on information from open sources
It is not so often that we encounter the hiring of persons under eighteen years of age. If the company's activities are not related to sports or creative directions, then managers, as a rule, try not to use the labor of this category of people in their enterprise. Hiring minors involves increased responsibility and additional responsibilities. Employees in this category have expanded rights. Labor relations with minors are regulated by the Labor Code (hereinafter referred to as the Code), or rather Chapter 42, and other regulatory documents.
A mandatory requirement for the activities of minors is their safety for health or moral status. It should not interfere with education.
It will be useful for the employer to know that part-time work for persons under eighteen years of age is prohibited. The law has a negative attitude towards involving this category of employees in overtime work. Business trips and work at night, as well as during weekends or holidays, are regarded as a violation of labor standards established for minors. When interacting with these employees and signing an employment contract, you should be aware of possible restrictions and basic requirements.
Required documents and hiring procedure
Parents, representatives, as well as guardianship and trusteeship authorities can influence concluded employment contracts (i.e., make claims of disagreement with the fact of conclusion or the clauses contained in the contract). This right is established by law (clause 23 of the Plenum Resolution number 1). It states that parents or representatives of a person under 18 years of age may terminate a contract concluded with an employee under 15 years of age in the event negative influence work on his health.
A special labor procedure has been established for minor orphans and children left without parents in the event of deprivation of parents' rights in accordance with article number 9 of the Law of December 21, 1996, number 159. This norm obliges employers, at their own expense, to provide vocational training to the listed categories, if they were dismissed due to liquidation of the enterprise or reduction.
Hiring minors is a responsible step, just like hiring other citizens. Due to certain inconveniences that managers face, people under 18 years of age are not in great demand in the labor market. The law reliably protects the rights of minors, without forgetting to assign them responsibilities. The procedure for registering labor relations with persons under 18 years of age is the same as for other categories of citizens. The conclusion of a well-drafted contract guarantees respect for the rights of both the employee and the employee.
Questions were answered by E.Yu. Zabramnaya, lawyer, PhD N., A.K. Kovyazin, lawyer
We are hiring a teenager
Many schoolchildren strive to earn extra money. And if the company has vacancies that do not require special education and work experience, then it is quite possible to accept teenagers, that is, persons from 14 to 18 years old.
However, employers often have questions about whether it is possible to hire a teenager for a particular job, how to properly formalize an employment relationship with him, and what benefits to provide. For the most interesting questions our readers you will find the answers below.
When hiring a teenager, require additional documents from him
A.E. Trubkina, Moscow
We want to hire schoolchildren for temporary work. But we heard that they seem to be required to obtain some additional work permits. Is this true and if so, what are these permits and where can I get them?
: Additional documents will not be required from every teenager. It all depends on his age and “study” status (whether he combines work with study or not).
| Age under height | Is study combined with work? | Documents required for employment |
| From 16 to 18 years old | Doesn't matter | The same documents as from an adult O Art. 63, art. 65 Labor Code of the Russian Federation, that is:
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| From 15 to 16 years old | Teenager To Art. 63 Labor Code of the Russian Federation:
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The same documents are required as for someone who is over 16 years old, plus the following must be:
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| From 15 to 16 years old | The teenager receives basic general education full-time, for example at school (it does not matter whether his work occurs during the holidays or not) | In addition to “adult” documents, I Art. 63, art. 65 Labor Code of the Russian Federation:
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| From 14 to 15 years | The teenager studies in any form (it doesn’t matter whether his work falls during the holidays or not) | |
| Up to 14 years old | A child under 14 years of age cannot be hired. An exception is established only for cinematography organizations, theaters, theatrical and concert organizations, circuses and only for children whose work is related to participation in the creation or performance of a work. th Art. 63 Labor Code of the Russian Federation Civil contracts for the performance of work (provision of services) cannot be concluded with children of this age. )Art. 28 Civil Code of the Russian Federation |
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How much a teenager works, that’s what he gets
HELL. Myasoedov, Moscow
Our restaurant will soon open summer terraces. Therefore, we will need new waiters, whom we are considering recruiting from among high school students and students on vacation. How many hours a day can such workers work during the holidays and how should they be paid for their work?
: It all depends on the age of the guys you will hire. If these are schoolchildren and junior students aged 14 to 18 years, then they are minors. Such employees should be given reduced working hours. I Art. 92 Labor Code of the Russian Federation.
But they also need to be paid in proportion to the time worked; the employer is not obligated to pay them up to the full salary (tariff rate) of an adult worker T Art. 271 Labor Code of the Russian Federation.
Here are the acceptable working hours for teenagers of different ages.
For minor students working during the academic year in their free time from school, the duration of working hours cannot exceed half of their “age” standards indicated in the tables e Art. 92 Labor Code of the Russian Federation. As a result, the duration of daily work is T Art. 94 Labor Code of the Russian Federation:
- for workers aged 16 to 18 years - no more than 4 hours a day;
- for workers under 16 years of age - no more than 2.5 hours a day.
Moreover, as follows from various regulatory legal acts adopted on education issues, the concept of “academic year” covers not only the period of study itself, but also the period of all holidays without exception, including summer X para. 8 clause 3 art. 16 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”; clause 1.3 of the Order of the Moscow Department of Culture dated May 26, 2009 No. 256; clause 2.4.2 of the Administrative Regulations... (Appendix 3 to the Resolution of the Administration of the Kolomna Municipal District of the Moscow Region dated January 24, 2011 No. 54); clause 2.19 of the Approximate form of the charter of a state educational institution of secondary (complete) general education (Appendix 1 to the Order of the Education Committee of the Government of St. Petersburg dated September 21, 2007 No. 1296-r). However, according to the Ministry of Health and Social Development of Russia, if a minor works during the summer holidays, then he does not have to reduce the “age” standard of working time by half.
And remember that minors are prohibited from engaging in night work e Art. 96 Labor Code of the Russian Federation, so after 22.00 your waiters must go home.
A teenager’s employment contract is “special”
G.N. Sheverdyaev, Moscow
Are there any special provisions that need to be included in a minor’s employment contract? Or is his employment contract no different from the contract of an adult employee?
: When drawing up an employment contract with a minor, you need to take into account a number of points:
- a minor cannot be tested for employment at Art. 70 Labor Code of the Russian Federation;
- he is given reduced working hours (we talked about this above). And the condition on the teenager’s working hours must be included in the employment contract r Art. 57 Labor Code of the Russian Federation;
- if you prescribe production standards for a teenager in an employment contract, then do not forget that the “adult” production standards must be reduced (in proportion to how the teenager’s working time is reduced in comparison with the working time of an adult) Art. 270 Labor Code of the Russian Federation;
- the salary condition must be formulated on the basis that the teenage temporary worker is paid only for the hours he actually works.
For example, your salary for your position is set (at staffing table or local regulations on wages) based on the full working hours of an adult worker, that is, based on a 40-hour work week And Art. 91 Labor Code of the Russian Federation. If you hire a teenager for this position, then write in his employment contract that payment for his work is made from this salary. Then you will pay him in proportion to the duration of working hours established for him And Art. 271 Labor Code of the Russian Federation.
Example. Calculating a teenager's salary
/ condition / A teenager is hired for a job with a salary of 20,000 rubles. A teenager's working hours are 24 hours a week. In June 2011, he worked 100.8 hours.
/ solution / Let's calculate the teenager's salary in June 2011.
The standard working time in June 2011 is 168 hours (with a 40-hour work week). Accordingly, the cost of 1 hour of work is 119.05 rubles. (RUB 20,000 / 168 hours). Then the teenager’s salary for June 2011 will be 12,000 rubles. (RUB 119.05 x 100.8 hours).
Attention
You cannot enter into an employment contract with a minor for part-time work. at Art. 282 Labor Code of the Russian Federation.
If you want to pay a teenager a certain amount per month, for example 20,000 rubles, then in the employment contract simply write that the salary for fully worked standard working hours is 20,000 rubles.
A fixed-term employment contract is possible with a full-time teenager
N.Yu. Poletaeva, Gatchina
Is it possible to conclude a fixed-term employment contract with a minor during the summer holidays?
: No, unless you hire a teenager for a temporary job. at Art. 59 Labor Code of the Russian Federation. But you can conclude a fixed-term employment contract by agreement with him if:
- <или>the teenager is studying full-time;
- <или>your company (entrepreneur) is a small business. In this case, the number of employees should not exceed 35 people, and in the field retail and consumer services - 20 people To Art. 59 Labor Code of the Russian Federation.
A medical examination is inevitable when hiring a teenager.
A.S. Petrova, Petrozavodsk
Is it always necessary to send a teenager for a preliminary medical examination? Or is it obligatory only when hiring for heavy and harmful work?
: Minors, in principle, cannot be accepted for heavy and harmful work s Art. 265 Labor Code of the Russian Federation; Decree of the Government of the Russian Federation dated February 25, 2000 No. 163. Therefore, in such a situation, the question of a medical examination does not even arise.
In other cases, the employer is obliged to send the teenager for a preliminary medical examination, and the teenager is obliged to undergo such a medical examination. And this does not depend on the nature of the work s Art. 69, art. 266 Labor Code of the Russian Federation.
Who will pay for the medical examination?
N.D. Negoda, Krasnoyarsk
In what order should a minor undergo a preliminary medical examination when applying for a job and who pays for it - the teenager himself or the employer? If paying for a medical examination is the employer’s responsibility, then can its cost be taken into account in “profitable” expenses and is it necessary to withhold personal income tax and accrue insurance premiums?
WE WARN THE MANAGER
If the company will hire a teenager without a medical certificate and this will be revealed by the labor inspectorate, they may fine b Art. 5.27 Code of Administrative Offenses of the Russian Federation:
- company - in the amount of 30,000 to 50,000 rubles;
- head of a company or entrepreneur - in the amount of 1000 to 5000 rubles.
: There is no special procedure for undergoing medical examinations for minors. Therefore, the general procedure applies To Regulations on conducting mandatory preliminary upon employment and periodic medical examinations of workers, approved. By Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 (hereinafter referred to as the Regulations on the procedure for conducting medical examinations). The employer issues a referral to the teenager for a medical examination to provide the attending physician with a medical and preventive organization conducting the medical examination. Each doctor who took part in the examination gives his opinion on professional suitability and enters the medical examination data into the medical record. The final conclusion on the suitability of the state of health for the work assigned is made to a separate document. T clause 2.2, clause 2.4 of the Regulations on the procedure for conducting medical examinations.
It is also possible that the teenager will simply undergo a medical examination at a regular district clinic and bring back a report on his passing.
WE WARN THE MANAGER
If a teenager is found fit to work, but During the next medical examination, contraindications were discovered, then he will have to I Art. 73 Labor Code of the Russian Federation:
- <или>transfer to another suitable job;
- <или>if there is no vacancy or the teenager refuses to be transferred, dismissal with payment of severance pay in the amount of two weeks’ average earnings A clause 8, part 1, art. 77, Art. 178 Labor Code of the Russian Federation.
Some employers hire teenagers who have medical contraindications to work. Especially if a minor needs to be brought to work for only a couple of months. But keep in mind that if your company hires a teenager despite medical contraindications, then if this fact is discovered, the labor inspectorate may fine the company and its manager for violating labor and labor protection laws A Art. 5.27 Code of Administrative Offenses of the Russian Federation; Art. 212 Labor Code of the Russian Federation. In addition, your company will have to:
- <или>look for another job for the teenager;
- <или>if there is no vacancy or the teenager refuses to transfer, terminate the employment contract with payment of severance pay in the amount of average monthly earnings A Art. 84 Labor Code of the Russian Federation.
Remember also that teenagers must undergo not only preliminary medical examinations when entering work, but also annual medical examinations e Art. 266 Labor Code of the Russian Federation- in the future, until the age of 18.
If the preliminary medical examination is paid, then it is the employer’s responsibility to pay for it. I Art. 212, Art. 266 Labor Code of the Russian Federation. This can be done in different ways:
- <или>transfer money to a medical institution that, under an agreement with the company, conducts medical examinations of all its employees;
- <или>reimburse the minor’s expenses for a medical examination if he underwent it at his own expense and then brought the payment receipt to the employer.
Employer costs for preliminary medical examinations:
- are taken into account in other expenses as expenses for ensuring normal working conditions and safety measures And subp. 7 clause 1 art. 264 Tax Code of the Russian Federation;, even if the teenager was not hired And Letter of the Ministry of Finance of Russia dated October 6, 2009 No. 03-03-06/1/648;
- are not subject to personal income tax, since they are not recognized as the economic benefit (income) of a teenager due to the fact that medical examinations are necessary to ensure the activities of the employer himself I Letter of the Ministry of Finance of Russia dated November 21, 2008 No. 03-03-06/4/84;
- are not subject to insurance contributions, since these are not payments in favor of employees within the framework of the employment relationship th Part 1 Art. 7 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums...”;
- are not subject to contributions “for injuries”, since they do not relate to payments in favor of the insured within the framework of labor relations th clause 1 art. 20.1 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against accidents...”; clause 3 of the Rules for the accrual, accounting and expenditure of funds for the implementation of compulsory social insurance against accidents... approved. Decree of the Government of the Russian Federation dated March 2, 2000 No. 184.
Not every work mode is suitable for a teenager
M.G. Kravchenko, Samara
Is it possible for a minor to set a work schedule of “every three days”?
: No. And there are two reasons for this. Firstly, there is a maximum daily work duration for teenagers. s Art. 94 Labor Code of the Russian Federation. Therefore, they cannot work 24 hours straight.
Secondly, the “every three days” work mode assumes that part of the working time occurs at night.
And minors (except those participating in the creation or execution works of art) to engage in work at night (from 22.00 to 6.00) is prohibited O Art. 96 Labor Code of the Russian Federation.
The teenager should be given leave at any time convenient for him.
M.D. Shulyukina, Zelenograd
A teenager got a job with us. I only worked for a month and wrote an application for leave for as much as 31 calendar days. Are we obligated to grant his request?
: Yes, we must. Annual basic paid leave for minors is granted for a duration of 31 calendar days at any time convenient for them I Art. 267 Labor Code of the Russian Federation.
Please note that the Labor Code of the Russian Federation does not tie the number of vacation days to the duration vacation experience employee at the time of his leave To Articles 121, 122 of the Labor Code of the Russian Federation; Letter of Rostrud dated December 24, 2007 No. 5277-6-1. Therefore, you have no right to insist that a teenager who has worked for the company for only a month can only claim 2.6 days of vacation (31 calendar days / 12 months). But by agreement with the teenager, his leave can be divided into parts so that at least one part of this leave is at least 14 calendar days th Art. 125 Labor Code of the Russian Federation.
How to fill out the “Education” column of the work book if the employee is still studying
G.D. Mayevskaya, Kaluga
They hired a teenager. What should I write to him? work book in the "Education" column? And is it necessary to fill it out at all?
: You need to fill out the education column in your work book. But what to write there depends on what kind of education the teenager already has or is receiving.
The fact is that there are two options for making an entry about education in the work book at clause 2.1 Instructions for filling out work books, approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.
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OPTION 2. Make a record of incomplete education at the appropriate level, if the teenager brings a supporting document from the educational institution where he studies or studied (a certificate from a school, vocational school, technical school, university, etc.). For example, if a teenager is still in the 10th grade, you can write “incomplete secondary (complete) general education,” and if in a vocational school, “incomplete primary vocational education.”
And then, after receiving the appropriate level of education, the education record in the work book can be supplemented b clause 2.4 Instructions for filling out work books.
Taxes for a teenager are the same as for an adult
N.Yu. Tikhomirov, Tula
We hire technical school students and enter into employment contracts with them. We withhold personal income tax from salaries, but what about insurance premiums? Charge everything, including contributions “for injuries”?
: Tax the wages paid to them in the usual manner, that is, withhold personal income tax and charge insurance premiums, including “injury” contributions. And count teen payments and insurance premiums into your “profitable” expenses.
Work and industrial practice are not the same thing
O.V. Maksimova, Yakutsk
Please tell me, is it possible by law to take a technical school student on a practical training without payment (for example, for 2-3 days a week for a maximum of 2-3 hours)?
: If a teenager comes to you solely for practical training, that is, to get acquainted with production, then you do not need to pay him anything. He doesn't work for your company. Typically, in such situations, the educational institution enters into an agreement with the company on placement for practical training.
If you don’t just introduce your trainee to production, but instruct him to perform some job duties, set him a working and rest time schedule, etc., then the situation is different. After all, by doing so you enter into an employment relationship with him. I Art. 15 Labor Code of the Russian Federation. Remember that actual admission to work is the conclusion of an employment contract, even if such an agreement is not formalized in writing. n Art. 67 Labor Code of the Russian Federation. Therefore, the teenager will need to be paid a salary. And the employment contract itself will need to be drawn up in writing no later than 3 working days from the date of his actual admission to work e Art. 67 Labor Code of the Russian Federation.