What is the best way to employ a minor employee (17 years old), and what should be included in the contract?

Answer

In general, an organization has the right to enter into employment contracts with teenagers who are over 16 years old (Part 3 of Article 20 of the Labor Code of the Russian Federation).

In this case, employers are prohibited from:

involve minors in part-time work;

Involve minors in 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, erotic materials);

Involve minors in work related to lifting and moving heavy objects above the established standards approved by Resolution of the Ministry of Labor of Russia dated April 7, 1999 No. 7;

Use teenage labor when performing work from the list approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163.

So, among mandatory conditions employment contract with a minor can be called:

reduced working hours;

increased duration of vacation;

prohibition on establishing a test.

Details in the System materials:

1. Answer: How to organize the work of minors

Stages of occupational safety for teenagers

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

When hiring teenagers, the following guarantees provided by law apply:

Prohibition on the use of teenage labor

Organizations are prohibited from recruiting 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 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.

Additional job security

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.

Conclusion of an employment contract

In general, an organization has the right to enter into employment contracts with teenagers who are 16 years old (). With teenagers more early age An employment contract can only be concluded if certain conditions are met.

Thus, an organization has the right to conclude an employment contract with a teenager who is 15 years old if he:

received or is receiving general education or left a general education organization, including being expelled from educational organization;

will perform light work in the organization that does not cause harm to health.

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, the employment contract with the employer is signed 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.

Medical examination

For the purpose of mandatory health protection, a teenager can be hired only with a certificate of preliminary medical examination ().

For more information about what documents a teenager must present when applying for a job, see. Working conditions

For teenagers hired, the employer must provide acceptable (). Working conditions for teenagers must meet the following requirements:

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

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.

This follows from the provisions of parts, Article 92 of the Labor Code of the Russian Federation.

Expert shares important information O Employment contract with a minor in the material at the link.

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: . .

Termination of an employment contract

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 an employment contract in connection with the liquidation of an organization or termination of the activities of an individual entrepreneur. Such rules are established by the Labor Code of the Russian Federation.

Nina Kovyazina,

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

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. Yes, according to general rule It is allowed to employ teenagers who are 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 labor activity which can cause harm to the health and moral development of a teenager, then 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.
It is prohibited to employ minors in the civil service, as rescuers, in professional emergency rescue services and formations, in departmental security, as well as to involve them in working with materials of erotic content and in 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, the young employee is given a reduced working hours(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 free time(To academic year include 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 the Labor Code were introduced by Federal Law dated December 28, 2013 N 421-FZ. 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 full individual or collective (team) agreements with a teenager. financial liability. 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, involved in overtime work, night work (from 22.00 in the evening to 06.00 in the morning), 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);
- military registration document for persons subject to conscription 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 the educational organization indicating the mode of study.
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. In the absence of a teenager being hired, work book or a 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.

You can hire a citizen who 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 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 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 a 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 with reduced working 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 the educational organization stating that full-time education has been abandoned in accordance with the Education Law 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 of employment, 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

The employer does not have the right to dismiss a minor on his own initiative. 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.

Many teenagers are looking for a job or part-time job to improve their financial situation, gain experience in a field of activity they like, or simply save up money. But before employment, you should carefully study your rights, the specifics of signing a contract and calculating wages. This article will be useful to such citizens, as well as to the employer of a minor employee.

Legislative framework

In legislation Russian Federation All the main aspects of the work of minor employees are clearly spelled out. Article 63 of the Labor Code of the Russian Federation clearly states at what age and under what conditions imprisonment is possible labor agreement.

For this social group chapter in Labor Code, which regulates all aspects of labor for this category of the population. This includes the rights of teenagers to leave (Article 267), free annual examination by doctors (Article 69 and Article 266), employment features (Article 272, Article 70), production standards (Article 270, Article 92, Art. 94). It also stipulates wages (Article 271) and guarantees upon termination of a work contract (Article 269).

There are articles in the Code that describe the prohibition on certain types work (Article 265) and involvement in overtime work (Article 268, Article 96, Article 99).

Minimum age for employment

It is possible to independently conclude an employment contract only after reaching the age of sixteen. The exception is completing school before the above age.

Citizens who have reached the age of fifteen have the opportunity to work if the working conditions do not violate educational activities and do not harm their health.

Fourteen-year-olds additionally require verbal or written permission from their next of kin or guardian.

Workers under 14 years of age may be allowed to work in the theater, circus and film industries. The position held by a young employee should not interfere with healthy development.

What type of work can teenagers do?

Children can do work preparing areas (improvement, landscaping), plant and harvest crops, and care for vegetable gardens and fields. Such workers have the right to apply for a courier position and perform simple repair and restoration work. Teenagers also work as service personnel events in the field of culture and provide social services to the population.

Basically, there are several vacancies for which employers can hire minors: waiter, cashier, cleaner, promoter, various assistants in the kitchens of restaurants and cafes.

Teenagers who work in positions that require heavy lifting should be aware of the maximum allowable manual movement of loads during one work day. Girls aged 14 to 15 years can carry no more than 2 kilograms per shift, boys - up to 3 kilograms. For boys from 16 to 18 years old, the maximum permissible weight of cargo is 4 kilograms, for girls of the same age - 3 kilograms.

To regulate the work of minors, some restrictions are prescribed. They are prohibited from working in life-threatening conditions and carrying weights above the age limit. It is also not provided for such workers. Children cannot conclude labor contract with organizations of the religious sphere, as well as an agreement on financial liability (Article 242).

Teenagers cannot work in the gambling business, participate in the sale of alcohol and tobacco products, or work in nightlife establishments.

Additional rights

The child is entitled to 31 days of leave. Temporary release from duties must be granted immediately upon request by the employee.

Such an employee is not sent on trips by order of the employer (business trips), he cannot work above the norm, as well as on holidays and weekends. Workers in the field of creative professions (cinema, theater) are an exception.

Features of the medical examination

Children who have not reached the age of majority are required to undergo training before employment. Examinations of the minor employee must be conducted annually. All payments for expenses are paid by the employer, and he also sends the future employee for examination. The direction must indicate:

• name of the institution;
• type of activity of the employer and form of ownership;
• name of the organization for the medical examination and its type;
• Full name and date of birth of the future employee;
• the name of the profession for which the employee is hired;
• presence of dangerous and harmful working conditions.

The medical commission must include a doctor who studies the health of people working in particularly hazardous conditions (occupational pathologist), who also heads the commission. The composition of the required doctors for the commission is determined by order of the head of the medical organization.

Duration of operating time

From 15 to 16 years of age, working hours are 24 hours a week. From 16 to 18 years of age, the legal duration of work is a maximum of 36 hours. For employees who have not yet graduated from school – a maximum of 12 hours.

Also, for this category of the population, the legislation stipulates the maximum duration of one working day. For teenagers from 15 to 16 daily norm working time is 5 hours. From 16 to 18 no more than 7 hours a day. For employees combining study and work, aged 16 to 18, the maximum working day is 4 hours. For schoolchildren from 14 to 16 years old – two and a half hours.

Documentation for employment

List necessary documents:

• consent of the closest relative or guardian (if the employee is under 14 years of age);
• permission from the guardianship authorities, which specifies the length of time allowed for work;
• ID card;
• work book;
• medical certificate;
• diploma or certificate of specialized experience and knowledge (for a position requiring special training);
• information from the school with the specified class schedule (not completed school);
• insurance certificate (for teenagers 15-18 years old).

Registration procedure

The procedure for registering minors is identical to the employment of other categories of the population. To enroll in a position, a teenager writes to the employer and enters into an employment contract. The employer issues an order to hire a new employee.

The contract must include the following: points:

• Full name of the future employee and name of the employer;
• information about documents that prove the identity of the new employee and the employer (if he is an individual);
• employer's tax identification number;
• date and place of conclusion of the contract.

When drawing up the contract, the following are prescribed: conditions:

• place of work;
• job title;
• the date from which the employee starts work;
• size and conditions of wages;
• operating mode.

It is more difficult to dismiss young employees. Before the employer can proceed to dismiss such an employee on his own initiative, he agrees this question with the state labor inspectorate, as well as with the commission for the protection of the rights of minors. An exception is the termination of the activities of an individual entrepreneur or the dissolution of the institution in which the teenager works.

After confirmation by the commission that the rights of the young employee will not be violated,. If the commission denies the request to terminate the contract, this issue can be appealed in court.

When a teenager wishes, approval is not required.

If a cooperation agreement was drawn up with a young employee for a specific period, for example, for seasonal summer work, during the vacation or illness of the main employee of the enterprise, or for internship, then the period of cooperation expires at the time specified in the agreement.

The employer must notify the employee 3 days before the expiration of the period in writing. On the last working day, the employee is issued a document confirming his work activity, wages, and also, if any.

Fixed-term contracts with this category of the population may be in the following areas:

• movie;
• theater;
• concert and circus organizations.

To avoid an unscrupulous employer and, as a result, lack of payment for work performed, teenagers always need to enter into an employment contract. This will help avoid not only lack of wages, but also protect the child from working in dangerous conditions.

Remuneration

The amount of wages for this category of the population depends on what form of payment (piecework or time-based) is accepted in the institution where the teenager works. The reduced working time of the young employee is also taken into account.

In case of piecework, payment is calculated at the usual rate, taking into account the shortened working day. Time payment is calculated only taking into account the time the teenager works. Employers must pay the child’s work no less than that established by law, if the employee fulfills the norm (according to age) and his duties in the institution. The employer may pay additional salary increases. Wages are calculated and paid in the same way as other employees in this institution.

Lawyer's opinion on hiring a minor (video)

In this video, the lawyer talks in detail about the conditions for hiring minor citizens of the Russian Federation, labor restrictions, as well as the features of the employment contract and salary payment.

Knowing your rights, you can avoid many difficulties, both in searching for a vacancy and in the work process itself. Also, minors must necessarily enter into a contract with the employer, which must clearly state the employee’s duties, working hours and salary, because in case of violation of the terms by the employer, the teenager will have the opportunity to defend himself and compensate for the damage.

28.04.2014, 11:48

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

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

Let's see what the law says about this

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

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

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

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

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

3. Minors should not be installed probation(Part 4 of Article 70 of the Labor Code of the Russian Federation). This is because minors typically do not have work experience and each of them could potentially be fired on the basis of unsatisfactory test results (since their work is likely to be fraught with errors and shortcomings). The legislator took this situation into account and prohibited the establishment of a test for such workers.

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

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

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

These restrictions do not apply to:

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

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

7. A minor is obliged:

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

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

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

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

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

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

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

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