What is required for employment of a minor. Labor Code of the Russian Federation on the use of labor of minors

It is not so often that one has to deal with the employment of persons under the age of eighteen. If the company's activities are not related to sports or creative areas, then managers, as a rule, try not to use the labor of this category of people in their enterprise. Employment of minors is associated with increased responsibility and additional responsibilities. Employees of this category have extended rights. Regulate labor relations with minors Labor Code(hereinafter referred to as the Code), or rather Chapter 42, and other legal documents.

A mandatory requirement for the activity of minors is its safety for health or moral condition. It should not interfere with education.

It will be useful for the employer to know that part-time employment for persons under eighteen years of age is prohibited. Negatively, the law refers to the involvement of this category of employees in overtime work. Business trips and employment at night, as well as during periods of 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 procedure for hiring

The concluded employment contracts can be influenced (i.e., file claims for disagreement with the fact of the conclusion or the clauses contained in the contract) by parents, representatives, as well as guardianship and guardianship authorities. This right established by law (paragraph 23 of the Resolution of the Plenum under number 1). It states that parents or representatives of a person under the age of 18 may terminate the contract concluded with an employee under the age of 15, in the event negative impact work for his health.

A special labor procedure has been established for underage orphans and children left without parents in the event that parents are deprived of their rights in accordance with article number 9 of the Law of December 21, 1996, number 159. This rule obliges employers to provide vocational training to the listed categories at their own expense, if they dismissed due to liquidation of the enterprise or downsizing.

Employment of minors is a responsible step, as well as employment of other citizens. In view of certain inconveniences faced by managers, persons under 18 years of age are not in great demand in the labor market. The law reliably protects the rights of minors, not forgetting to give them obligations. Registration procedure 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 the observance of the rights of both the employee and the employee.

Also, as an exception, a minor worker may be hired at a younger age. But only if his employment is related to cinema or theatrical activities. It should be noted that the stipulated norm of Article 63 of the Labor Code of the Russian Federation does not oblige the employer to hire a 17-year-old employee, but only allows for the possibility of employment, and even then - with written permission from the parents. And in some cases, if the child is under 16 years old - with the written consent of the guardianship authorities. Labor Code Russian Federation Restrictions Even with a full package of documents from parents and guardianship authorities, young job seekers need to know that they can not apply for all enterprises and positions. And employers, in turn, are not always able to use the labor of minors.

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An example of such consent: If a young applicant for a position under 16 years of age will also have to obtain the consent of the guardianship authorities, which will be issued on the basis of some documents confirming the operating mode of the enterprise and the state of health of the child. It should be noted that, along with other underage workers, it is also possible to receive a disabled child.
He has the same rights and guarantees. When employing this category of persons, a certificate of disability and medical recommendations on working conditions will need to be added to the above documents. If the young job seeker has no problems with the preliminary package of documents, you can start the official registration procedure, which is practically no different from the registration of other employees.

Employment of a minor worker: step-by-step procedure, documents

If a teenager is only 15 years old, then the same documents are required from him as from a 16-year-old, provided that he: (or) has received a general education; (or) continues to master the main general education program in a form other than full-time (for example, in the evening or externally); (or) left educational institution in accordance with the legislation on education. Therefore, additionally receive from him: (or) a document on receipt general education; (or) certificate from educational institution, which indicates that he is studying in a form other than full-time; (or) a certificate from an educational institution stating that he left his studies in accordance with the legislation on education.

If a 15-year-old teenager is still studying, then the same documents are required from him as from a 14-year-old. 3.

Features of hiring minors

Attention

For example, it is allowed to hire a minor worker of 14 years old in a circus. However, it can fly in the air only without separation. Classification B civil law minors are divided into two categories:

1. Up to 14 years old.

These citizens under the Civil Code are considered minors.

14-18 years old - minors.

Also, the classification is carried out according to the level of education:

1. Full-time students.
2. Officially stopped studying or receiving knowledge in absentia.
3. Having a secondary education, students in correspondence form or left education.

Employment of a minor worker: documents The package of papers that must be provided to the employer will depend on which group the citizen belongs to. So, a 14-year-old applicant should submit an application.

How to hire a minor worker

Minimum age for a minor to sign an employment contract Step by step procedure employment of a minor depends primarily on his age. Until the age of sixteen, according to the rules of the current labor legislation, only light labor not capable of harming the health of the child:

• children from the age of fifteen who have received basic general education or who have terminated it ahead of time (children from the age of fifteen who receive basic general education - only in their free time);
• children from the age of fourteen who receive general education - only in their free time from study.

Hiring a minor worker: a step-by-step procedure

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On the same day, you need to withhold personal income tax.< … Платить налоги стало проще Для уплаты личных налогов гражданам больше не обязательно заполнять payment order"from and to".

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It is enough to enter just one number.< … Главная → Бухгалтерские консультации → Несовершеннолетние работники Обновление: 16 марта 2017 г. По общему правилу прием на работу осуществляется с 16 лет (ч.

1 st. 63 of the Labor Code of the Russian Federation), however, there are exceptions to this rule. Under certain conditions, it is allowed to hire minors and those under 16 years of age.

Hiring a minor

Financial independence is important for every person, but it is doubly important for a teenager who is just entering the adulthood and trying to become self-sufficient. As a result, many children on the threshold of their 16th birthday try to get a job, often unaware that the employment of a minor has its own characteristics. Not only the applicant himself, but also the employer should know about them. What does the law say? In accordance with the current legislation, everyone has the right to work, including persons under the age of 18. But given the young age of applicants, as well as the characteristics of their young body, at the legislative level, some restrictions are provided for underage workers and a number of admission features are established.

Employment of underage workers

As a rule, the employment of a minor aged 16 years and under is carried out:

• To the courier service.
• For the improvement and landscaping of the urban area.
• For harvesting.
• To serve cultural events.
• To carry out the care of agricultural plantations and so on.

Regardless of the period for which an underage worker is hired - for the duration of the summer holidays or permanently - a labor contract. As for the papers that should be provided to the employer, their list is supplemented only by a certificate from the educational institution.

Employment of persons who have completed their studies A minor between the ages of fifteen and sixteen has the right to choose. He can continue his studies at general education school or leave school.

Employment contract with a minor: a step-by-step procedure

To establish reduced working hours, a special application from the employee is not required, you are required to do this by virtue of law. The length of working time for adolescents depends on their age and the fact of combining work with study.

We present these norms in the table. Age Length of working week Duration daily work(shifts) Do not combine work with education From 16 to 18 years old Not more than 35 hours Not more than 7 hours per day From 15 to 16 years old Not more than 24 hours Not more than 5 hours per day Combine work with education From 16 to 18 years old Not more than 17 ,5 hours No more than 4 hours a day From 14 to 16 years No more than 12 hours No more than 2.5 hours a day school year in their free time from study, cannot exceed half of the norms established for persons of the corresponding age.

In particular, teenagers are not allowed to:

1. Send on business trips.
2. Engage in activities at night, overtime, on holidays, weekends.

However, these restrictions do not apply to all minors. The ban does not apply to employees:

• Cinematography organizations.
• Theatres.
• Circus.
• concert organizations.
• Other persons involved in the performance / creation of works, according to the List of works, positions, professions, approved by government decree No. 252.

Along with this, it is necessary to take into account the prohibitions on activities:

1. Concurrently.
2. Performed on a rotational basis.
3. AT religious organizations by contract.

It is also prohibited for minors to conclude agreements on full collective or individual responsibility.

Hiring a 15 year old worker step by step procedure

Since the regime of work and rest of a teenager, due to the reduction of his working time, differs from the generally accepted in the organization, the condition for such a regime should be spelled out in the employment contract. 2. As we have already said, work time teenagers is abbreviated.

But unlike all other categories of workers who are assigned reduced working hours (disabled people, "bad guys", etc.), the work of adolescents is paid according to the rules of part-time work. Shortened and part-time work are often confused. After all, the duration of both is less than the duration of normal working time. The main difference between them is that reduced working time is a full labor norm for certain categories of workers listed in the law (disabled people of groups I and II; minors; persons working in hazardous and (or) hazardous conditions labor, etc.).

The limits of such a load vary depending on the gender and age of the adolescent. So, for example, for a 14-year-old boy maximum weight the load lifted and moved manually constantly during the work shift is 3 kg, and for a 15-year-old girl - 2 kg; - at night (from 22.00 to 06.00) and to work on a rotational basis (except for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons according to the List of professions and positions of creative workers); - part-time, if the teenager is already working somewhere.

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

Employment of minors, that is, citizens who at the time of the conclusion of the employment contract was not yet 18 years old, has its own characteristics. They are due to concern for the physical and moral health of young people.

From the article you will learn:

Conclusion of an employment contract with minors

In accordance with Part 3 of Art. 20 of the Labor Code of the Russian Federation, according to general rules, an employment contract with a minor citizen can be concluded only after he turns 16 years old. Employment of teenagers who are not yet 16 years old is possible only if certain conditions are met:

• if the minor citizen has already received or is in the process of receiving general education;
• if his job function involves the performance light labor not harmful to health;
• if the teenager will work in his free time from training, without prejudice to the development of the curriculum.

Learn more about what nuances you need to consider when concluding employment contract with a minor, you can find out .

Recruitment of minors to work in the case when they are not yet 14 years old can only be carried out by individual organizations working in the field of sports, cinematography, theater and concert activities, as well as circuses. The main condition for this is the security of moral and physical health teenager. The written consent of one of the parents and the guardianship authority is also required, while the guardianship authority in the document must list the conditions under which the minor must work.

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

Download in.doc

Download in.doc

Hiring a minor worker step by step procedure

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

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

The conditions for hiring minors suggest that a person under the age of 14 must also demand:

• consent to work from one of the parents, drawn up in writing;
• official work permit issued by the guardianship and guardianship authority.

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

In addition, when hiring a human resources officer, he must ensure that such basic admission conditions minors to work as:

• they are enrolled in a general education program;
• the work given to them is characterized as easy work;
• they will work in their free time and without prejudice to education.

If all the documents required for employment of minors are presented, the teenager must be sent at the expense of the employer for a mandatory preliminary body check. After passing a medical examination, a minor citizen must present a certificate in the form No. 086 / y, approved , confirming the admission to the performance of light work.

After that, it is necessary to conclude an employment contract with a minor adolescent, on the basis of which job order. The order is the basis for issuing a work book and making an appropriate entry in it.

Peculiarities of employment of minors

The employer must remember that the employment of minors has its own characteristics.

For this category of workers are established:

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

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

Additional job security when hiring minors

For Russians under the age of 18, the law provides job quotas as an additional guarantee of employment. At the same time, the procedure for allocating quotas and measures of responsibility for their non-compliance are the competence of regional authorities. Therefore, in different subjects of the Federation, the size of quotas and measures of responsibility may vary.

So, for Moscow employers, the number of enterprises of which exceeds 100 people, quotas for recruitment minor citizens are regulated by Articles 2 and 3 of the Law of the City of Moscow dated December 22, 2004 No. 90. According to this law, at the expense of their own funds, capital enterprises create jobs for:

• adolescents aged 14 to 18;
• orphans and children deprived of parental care before they reach the age of 23;
• alumni educational institutions primary and secondary vocational education aged 18 to 24, higher professional education aged 21 to 26 who are looking for a job for the first time.

The current legislation provides for norms guaranteeing the protection of the labor of children and adolescents. In the Labor Code, in particular, there are a number of provisions governing the employment of a minor worker. The step-by-step procedure for enrolling in the state provides for various mandatory activities. Their specificity depends on a number of factors. Let us consider further how the hiring of a minor worker is carried out.

Legal aspect

In accordance with the 1966 International Covenant on Cultural, Social and Economic Rights, each state must establish age limits below which it is prohibited to use paid child labor. In case of violation of these limits, liability for the employer should also be provided. In addition, punishments should be established in conditions that are harmful or dangerous to health and life. In the Russian Federation, there are various regulations that ensure the protection of the rights of minors. State policy as a whole is focused on providing this category of citizens with certain guarantees and assistance to those in need of employment. Yes, in regulations regulates the procedure in accordance with which the employment of minors aged 14-18 is allowed. In addition, the law provides for the employment of citizens aged 18-20 who are graduates of primary and secondary vocational educational institutions. Social protection category under consideration is carried out through the introduction of quotas for jobs. This is established in Art. 11, paragraph 2 of the Federal Law No. 124.

Restrictions

The law quite strictly regulates the procedure in accordance with which the employment of a minor worker is carried out. The step-by-step procedure for each specific group is explained in the TC. General rules established in Art. 63. In accordance with its provisions, all enterprises, except for harmful and dangerous ones, may employ a minor at the age of 16 years. At the same time, the legislation provides for a number of conditions under which it is possible to enroll younger specialists in the staff.

SanPiN

In accordance with the established sanitary and epidemiological rules, it is prohibited to hire a minor aged 17 years and younger for dangerous and harmful production. This requirement is mandatory for all organizations and individuals that use the labor of adolescents and organize their training, regardless of the type economic activity, organizational and legal status, form of ownership. Thus, it is prohibited to hire a minor aged 17 years and younger if the activity will be carried out:

• In harmful/dangerous conditions.
• Underground.
• In conditions that may adversely affect the health and moral development of a teenager: in nightclubs and bars, gambling establishments.

Also, such young people cannot be hired if it involves trade, transportation, production of alcoholic beverages, narcotic and other toxic drugs, tobacco products.

Additional prohibitions

Minors are not allowed:

Classification

In civil law, minors are divided into two categories:

1. Up to 14 years old. These citizens under the Civil Code are considered minors.
2. 14-18 years old - minors.

Also, the classification is carried out according to the level of education:

1. Full-time students.
2. Officially stopped studying or receiving knowledge in absentia.
3. Having a secondary education, students in correspondence form or left education.

Employment of a minor worker: documents

The package of papers that you need to provide to the employer will depend on which group the citizen belongs to. So, a 14-year-old applicant should submit an application. The legislation does not directly establish the filling of this paper, but in practice it is used quite often. In addition, it is highly desirable to have this statement in case of a labor dispute. The Civil Code provides that on behalf of a child under the age of 18, all transactions are made by parents. This rule also applies to the conclusion of an employment contract. Thus, parents, on behalf of a teenager, write a statement in accordance with which a minor worker will be hired. The step-by-step procedure for including a new employee in the state also provides for a mandatory preliminary medical examination, based on the results of which a medical opinion is issued. This paper should also be provided to the employer. The conclusion should indicate that the health status of the adolescent corresponds to the activities that he will perform at the enterprise. The employer must also provide:

Hiring a minor worker: a step-by-step procedure

All actions related to the conclusion of an employment contract are not carried out by a teenager, but by his guardians or parents. This, however, does not release the employer from a number of responsibilities. In general, the procedure for hiring minors is similar to that provided for fully capable citizens. The teenager must be familiarized with all the local acts of the enterprise directly related to his activities. In particular, they include:

• Job instruction.
• Schedule rules.
• Schedule.
• payment terms and so on.

The signature on familiarization with the indicated acts, the order for employment is put, again, not by a teenager, but by his parent / guardian.

Enrollment in the state of citizens studying full-time

Employment of a minor at the age of 15, as well as sixteen and fourteen, is carried out with obligatory observance a number of requirements. In particular, the following conditions must be met:

1. The work schedule does not coincide with the time of study and does not violate the educational process.
2. The teenager is a student, about which an appropriate certificate from an educational institution is provided.
3. The proposed type of activity is included in the category of light work and does not harm the health of the child.

There is no definition of the term "light work" in the legislation. However, ILO Convention No. 138 states that individual rules or legislation of the country may allow the employment of a minor employee (schoolchild) for tasks that:

As a rule, the employment of a minor aged 16 years and under is carried out:

• To the courier service.
• For the improvement and landscaping of the urban area.
• For harvesting.
• To serve cultural events.
• To carry out the care of agricultural plantations and so on.

Regardless of the period for which a minor employee is hired - for the period of summer holidays or permanently - an employment contract is drawn up. As for the papers that should be provided to the employer, their list is supplemented only by a certificate from the educational institution.

Employment of people who have completed their studies

A minor at the age of fifteen or sixteen has the right to choose. He can continue his education in a general education school or leave his studies. Depending on his choice, if he wants to find a job, a teenager must provide one of the following papers:

The list of other securities is similar to the one above. When concluding an employment contract with a person aged 17-18, one should, among other things, provide a certificate of a citizen who is subject to conscription (certificate of registration).

Body check

It acts as a prerequisite for the employment of a minor. A preliminary medical examination is necessary to establish the state of health of a citizen and the possibility, in accordance with it, to carry out activities in a particular profession. The conclusion of the medical commission is drawn up on the form according to f. No. 086/u. Until the age of 18, minor workers undergo a medical examination every year.

Labor contract

Employment of a minor employee (temporarily) is formalized by an appropriate order. Based on it, a fixed-term employment contract is concluded if a teenager is enrolled in an enterprise to perform professional activities for a period of up to two months or for a specific season. It is allowed to employ a minor employee under a work contract, taking into account the restrictions provided for by law, for a period of up to a year. The legislation does not provide for trial period for this category of citizens.

Art. 268 TK

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

1. Send on business trips.
2. Engage in activities at night, overtime, on holidays, weekends.

However, these restrictions do not apply to all minors. The ban does not apply to employees:

• Cinematography organizations.
• Theatres.
• Circus.
• concert organizations.
• Other persons involved in the performance / creation of works, according to the List of works, positions, professions, approved by government decree No. 252.

Along with this, it is necessary to take into account the prohibitions on activities:

1. Concurrently.
2. Performed on a rotational basis.
3. In religious organizations under the contract.

It is also prohibited for minors to conclude agreements on full collective or individual responsibility.

Vacation duration

Like other employees, minors are provided with rest. However, for young professionals, the legislation provides for a longer period. Thus, minors are granted leave of 31 calendar days. The specialist can use this time at any convenient time. At the same time, rest can be provided at the request of the employee until the end of six months of continuous activity at the enterprise. When a specialist combines training in accredited state educational institutions higher, secondary or primary vocational education he is entitled to additional holidays. At the same time, his average salary is saved. It should also be remembered that the employer does not have the right to recall an employee from vacation, to replace the latter with monetary compensation. In addition, the head of the enterprise is obliged to send a specialist on vacation, even if the latter asks to reschedule it.

The salary

In the case of time-based payment, accrual is carried out taking into account the reduced duration of the shift. If a minor works piecework, his calculation is carried out according to the relevant tariffs. Calculation of salaries for specialists who study in educational institutions and carry out professional activity at the enterprise in their free time, the calculation is made in proportion to the hours worked or depending on the output. From its own funds, the employer can charge surcharges:

1. To the level of the salary of specialists of the relevant categories, subject to the full duration of daily activities with a time-based calculation.
2. Before tariff rate for the period by which the duration of daily work is reduced.

Termination of the contract and liability

Termination of legal relations with a minor employee at the initiative of the employer is allowed with the consent of the DTC. The exception is the termination of the activities of the IP, the liquidation of the organization. Minors bear full property responsibility for:

1. Intentional damage.
2. Causing harm while intoxicated (toxic, narcotic, alcoholic).
3. Causing damage as a result of an administrative or other crime.

In all these cases, an internal investigation should be carried out.

09 Mar 2010 09:09

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

The article tells about all the features that need to be taken into account when deciding on the employment of minors.

What kind of work can not take a minor at all

Let's say right away that it is possible to hire a minor only on the condition that he is already 14 years old. An exception is established only for employees of cinematography organizations, theaters, theater and concert organizations, circuses - they can work until they reach the age of 14.

Adolescents (that is, persons under the age of 18) cannot be employed:

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

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

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

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

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

Part-time, if the teenager is already working somewhere.

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

Warn the manager

Minors bear full liability only for damage caused by:

Intentionally;

In a state of alcoholic, narcotic and other toxic intoxication;

As a result of a crime or administrative offense.

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

Guarantees and benefits

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

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

1. A minor cannot be placed on a test when hiring and, accordingly, he cannot be fired for failing a test.

2. He needs to set reduced working hours. It's about specifically about reduced, and not about part-time work. To establish reduced working hours, a special application from the employee is not required, you are required to do this by virtue of law.

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

	Working week length	Duration daily work (shift)
Do not combine work with study
16 to 18 years old	No more than 35 hours	No more than 7 hours a day
15 to 16 years old	No more than 24 hours	No more than 5 hours a day
Combine work with study
16 to 18 years old	No more than 17.5 hours	No more than 4 hours a day
14 to 16 years old	No more than 12 hours	No more than 2.5 hours per day

According to the Labor Code of the Russian Federation, the working time of underage students working during the school year in their free time cannot exceed half of the norms established for persons of the corresponding age.

Restrictions for teenagers who combine work with study do not apply only to summer vacation which was confirmed to us by the Ministry of Health and Social Development.

Kovyazina Nina Zaurbekovna, Deputy Director of the Department wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia

“If a teenager works during the autumn, winter and spring holidays, then the norm of Article 92 of the Labor Code on halving working time continues to apply to him. After all, holidays are given to a student for rest between academic quarters and are included in the academic year. academic year, so this rule does not apply when working during the summer holidays.

If your teenager is studying in an evening (shift) general education institution that has state accreditation, then you will also have to:

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

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

Warn the manager

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

Employees who combine work with study in an evening (shift) general education institution, the working week is reduced by 1 working day upon their application. This norm is common to all who work and study in the evening form, and not just for teenagers. You can use the benefit provided for by this norm on reducing the working week by 1 day at will. But this preferential day is not fully paid, but only in the amount of 50% of average earnings. Therefore, in practice, adolescent students, as a rule, do not use this norm. After all, their working hours have already been halved (due to the combination of work and study).

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

4. Teen production rates should be less general norms workings. At the same time, production rates decrease in proportion to how the duration of work of a teenager decreases in comparison with the "adult" duration.

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

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

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

Attention! It is not possible to replace a minor's leave with monetary compensation.

6. Absolutely all adolescents can be hired only after they have passed a preliminary medical examination (examination). And then until they reach the age of 18, they must undergo a medical examination annually. Moreover, for the duration of such a medical examination, the employee retains average earnings.

Attention! For the period of passing a periodic medical examination (examination), the employee retains the average earnings.

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

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

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

Features of the employment contract

An employment contract with a teenager has the following features.

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

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

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

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

And part-time is only a part of the normal or reduced working time, that is, part of the full norm of labor. It is established as a general rule by agreement between the employee and the employer (with some exceptions).

Therefore, usually reduced working time is paid in full - as normal, and incomplete - in proportion to the time worked or depending on the amount of work performed.

Thus, in the employment contract, the condition on the salary of a teenager must be formulated on the basis that if he is a time worker, then he is paid only for the hours actually worked. And for a teenager who is a pieceworker, the salary is calculated at piece rates, that is, a specific amount is paid, for example, parts made by him for a shortened working day. Moreover, the employer has the right, but is not obliged to pay the teenager up to the level of wages of adult workers.

Attention! Minor temporary workers are paid only the hours actually worked, unless otherwise provided by the contract.

Example. Calculation of wages for a minor time worker

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

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

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

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

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

Passport;

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

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

Note

If the teenager has not previously worked, then you will have to issue him work book and make a record of employment in it within seven days from the date of commencement of work, as well as issue him an insurance certificate of state pension insurance with the Pension Fund of the Russian Federation.

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

(or) received a general education;

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

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

Therefore, in addition, you will receive from him:

(or) a document on the receipt of general education;

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

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

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

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

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

Consent of one of the parents (guardian) for employment (it can be obtained in a simple written form).

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

Termination of the employment contract

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

Since the consent of these bodies is required only if the initiator of the dismissal is the employer, then it is not necessary when the teenager is dismissed due to the expiration of the employment contract, at the initiative of the employee or by agreement of the parties. Also, it will not be required upon termination of the employment contract due to circumstances beyond the control of the parties.

Warn the manager

The refusal of the labor inspectorate and (or) the commission on juvenile affairs to give consent to the dismissal of your teenager can be appealed in court. But, given the duration of the trial and the labor costs associated with it (for example, the work of a lawyer), in order to avoid such situations, conclude, if the Labor Code of the Russian Federation allows it, urgent employment contracts with teenagers (for example, if you take them to work during the summer holidays).

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