Hiring 18 year olds. Is it possible to hire a minor and how to do it

Now schoolchildren and students have fewer problems with employment. Along with specialized centers for youth, they can also apply to largerecruitment agencies.

Minors - special social group; An entire chapter is devoted to the use of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001). At the same time, a number of provisions relating to the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of adolescent labor are aimed primarily at preventing the negative impact production factors on the development, state of health, moral and mental state of a minor.

Age

The Labor Code defines the age at which citizens are hired - 16 years. There is the possibility of hiring from the age of 15 persons who have received a basic general education or who, in accordance with federal law, have left a general educational institution. But at the conclusion employment contract with a minor worker has its own nuances.

Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons who have reached the age of 16. With those who are younger, it is possible to sign an employment contract only on the condition that they have already completed their studies at school.

It is allowed to use the labor of persons who have reached the age of 14. On the basis of part 3 of article 63 of the Labor Code of the Russian Federation, the mandatory conditions for concluding an employment contract with this category are: the written consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority; work should not interfere with study; work should be easy and not harm the health of the teenager. If the contract is concluded for the first time, then the organization is obliged to issue a work book for the teenager and a certificate of state pension insurance (Article 65 of the Labor Code of the Russian Federation).

There is a provision in the Labor Code of the Russian Federation that determines the possibility of entry into labor relations of minors under the age of 14 years. This exception, based on part 4 of article 63 of the Labor Code of the Russian Federation, is established for cinematography organizations, theaters, theater and concert organizations, circuses in relation to minors to participate in the creation and (or) performance of works without harm to health and moral development.

Article 70 of the Labor Code of the Russian Federation indicates that the organization does not have the right to establish a probationary period for a minor. Before starting to work in an organization, a minor is required to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). In the future, the employee must undergo a medical examination annually until he reaches the age of 18.

Working hours

Workers under the age of 18 have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes the normal duration of the working week - 40 hours. But it should be borne in mind that for employees under 18 years of age, a reduced working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees under 16 years old - no more than 24 hours; for employees from 16 to 18 years old - no more than 36 hours; for employees under 16 studying in any educational institution - no more than 12 hours; for employees from 16 to 18 years old studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes the maximum allowable duration for minors. daily work(shifts): for employees aged 15 to 16 - no more than 5 hours; for employees aged 16 to 18 - no more than 7 hours; for students of general educational institutions, educational institutions of primary and secondary vocational education, combining during school year study with work, at the age of fourteen to sixteen years - no more than 2.5 hours; for students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of sixteen to eighteen years - no more than 3.5 hours.
On the basis of part 3 of article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) educational institutions, during the academic year, a working week is established at their request, reduced by one working day or by the corresponding number of working hours (if the working day is shortened during the week). Employees during the period of release from work are paid 50% of the average earnings at their main place of work, but not less than minimum size wages.

Jobs in which the use of labor is prohibitedminors

The current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the cargo carried or moved by the worker; the nature of the work performed; labor regime. It is not allowed to hire persons under the age of 18 to work with harmful and (or) hazardous conditions labor. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; work that may be harmful to their health and moral development (for example, in gambling, in night cabarets and clubs, as well as in the transportation, production and sale of alcoholic beverages or tobacco products); heavy work; work with harmful or dangerous working conditions.
The list of heavy work and work with harmful and dangerous working conditions, in which it is forbidden to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

In addition, the Labor Code of the Russian Federation prohibits: to involve minors in overtime work; call on the night shift and on weekends: the prohibition of the use of labor of minors at night is established by article 96 of the Labor Code of the Russian Federation. The work shift of an employee under the age of 18 must begin no earlier than 6 a.m. and end no later than 10 p.m.

Employees under the age of 18 cannot be sent on business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home daily. As an exception, according to Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, engage in overtime work, work at night, on weekends and non-working holidays minors who are creative means workers mass media, cinematography organizations, theaters, theater and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social labor relations. Before the establishment of such lists, sending minors on business trips, engaging in overtime work, work at night, on weekends and non-working holidays is impossible.

Production standards and wages

Article 270 of the Labor Code of the Russian Federation stipulates that the production standards for persons under the age of 18 are determined based on general norms established for adult workers in proportion to the reduced working hours established for minors.
Thus, for minors aged 16 to 18, the output rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.

Article 271 of the Labor Code of the Russian Federation establishes the following wages for workers under the age of 18: with a time-based wage system, wages for underage workers are paid on the basis of established tariff rates, official salaries in proportion to the time worked - respectively 36 hours or 24 hours a week (not combining training with work) and 18 hours or 12 hours a week (combining training with work in their free time). Under the piecework wage system, the work of persons under the age of 18 is paid according to the established piece rates for adult workers, taking into account the production rate established for young workers. For employees under the age of eighteen studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time - payment is made in proportion to the hours worked or depending on output. The employer may establish wage supplements for these employees at their own expense.

Leave of underage workers. Employees under the age of 18 are provided with an annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all underage workers, incl. part-time workers work time. During the period labor activity a minor employee is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor employees with additional paid holidays provided for by law, as well as collective and labor agreements. So, an employee who combines work with study is supposed to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to let him go on vacation without saving wages. For example, for entrance exams.

The material was prepared on the basis of information from open sources

A minor, that is, a person under the age of 18 (Article 1 of the Federal Law of June 24, 1999 No. 120-FZ), can work under an employment contract with certain restrictions. When you can hire a minor and what kind of work you can offer him, we will tell below.

Conditions for hiring a minor

The procedure for hiring minors is as follows.

In the general case, it is possible to conclude an employment contract with a citizen of the Russian Federation who has reached the age of 16 (paragraph 1 of article 63 of the Labor Code of the Russian Federation). The conclusion of an employment contract with minors under 16 years of age is carried out in order to fulfill light labor, not harmful to health, and taking into account the following features:

Age for concluding an employment contract	Consent / Permission	Peculiarities
from 15 years old	Not required	Minors have already received or are receiving general education
from 14 years old	Consent of one of the parents (guardian) and guardianship and guardianship authority	Work in free from receipt general education time without compromising learning.
under 14 years old	Consent of one of the parents (custodian) and permission of the guardianship and guardianship authority	In cinematography organizations, theaters, theater and concert organizations, circuses. The permission of the body of guardianship and guardianship must indicate the maximum allowable duration daily work. The employment contract is signed by the parent (guardian).

With foreigners and stateless persons, an employment contract is concluded from the age of 18 (paragraph 3 of article 327.1 of the Labor Code of the Russian Federation).

To individuals who are not citizens of the Russian Federation, the procedure for concluding an employment contract that is valid for Russians is applied (clause 4, article 13 of the Federal Law of July 25, 2002 No. 115-FZ). These are, for example, foreign citizens permanently or temporarily residing in the Russian Federation or participants in the Program for the voluntary resettlement of compatriots (Decree of the President of the Russian Federation dated June 22, 2006 No. 637), etc.

We also recall that when hiring minors, a probationary period is not established for them (paragraph 7 of article 70 of the Labor Code of the Russian Federation).

What kind of work is not a place for a minor

Persons under 18 years of age may not be involved in work with harmful or dangerous working conditions, work underground, as well as work that may harm their health or moral development (for example, working in a casino or selling alcoholic beverages or tobacco products) ( paragraph 1 article 265 of the Labor Code of the Russian Federation). The list of heavy work and work with harmful or dangerous working conditions for which minors cannot be accepted is given in Decree of the Government of the Russian Federation dated February 25, 2000 No. 163.

Under the ban for minors, carrying and moving weights exceeding the maximum norms. These rules are set

For some entrepreneurs, due to certain circumstances, it may be necessary or possible to employ minors. current Russian legislation allows such a right for business representatives, but also implies certain restrictions applied to protect childhood and the health of minors. In general, the provisions of the Labor Code clearly define the procedure for the employment of minors and the full range of various situations associated with it.

Employment of minors under the Labor Code

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

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

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

So, the advantages of employment of minors include a lower level of wages, set at the expense of less time of work, as well as the opportunity to initially prepare an effective and motivated specialist within the enterprise.

Persons under the age of eighteen, but who have been emancipated in accordance with the procedure prescribed by law, are not considered minors and are subject to the provisions of general labor law equal to those of adult employees. Exceptions may relate directly to volumes physical activity established by the age and gender of the applicant.

Age at which minors can be employed

The current legislative restrictions regarding the employment of minors primarily affect the age at which employment can begin. In particular, the provisions of the above article 63 of the Labor Code of the Russian Federation suggest that such an age is the achievement of sixteen years. However, this same article also implies the possibility of exceptions, which can be regulated both directly by the provisions of the Labor Code of the Russian Federation, and by other federal laws and regulations.

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

From the age of sixteen any citizens can be involved in work by concluding an ordinary employment contract between the employer and the applicant himself. Additional permissions or restrictions in such an action are not provided in general cases.
From the age of fifteen Persons with a general basic education may be involved in labor relations, provided that the work is physically easy and does not pose a threat to their health. Also, employment at the age of 15 is allowed at the same time as receiving education, if such work will not be harmful to health and education.
From the age of fourteen You can work with the written consent of one of the parents or official guardians of the minor, as well as guardianship and guardianship authorities. Questions of education and the severity of work are treated in the same way as for fifteen-year-olds, taking into account even more lenient standards established when hiring at 14 years old.
Until the age of fourteen, employment is possible in artistic, creative, theatrical, cinematographic and other similar organizations with the written consent of the parents, guardianship and guardianship authorities, and without prejudice to the health and education of the child.

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

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

The procedure for hiring a minor for work and the necessary documents

As mentioned above, the direct process of registering a minor for work is identical in basic principles to registering an adult employee. That is, it provides for the conclusion of an employment contract, familiarization of the applicant with his rights and obligations, writing an order for admission to the state, registration work book, deduction of fees and taxes and other nuances. However, given the nature of the special regulation of legal relations between such employees and employers, the procedure for employment of these employees has its own characteristics.

In particular, the documents required or drawn up in the process of hiring a minor for work include:

Passport or birth certificate of the applicant.
Insurance certificate of obligatory pension insurance.
Attribution, if any.
Employment record, if any. Otherwise, it is issued by the employer.
Help from educational institution or a certificate of completion.
Medical certificate based on the results of a medical examination.
Written consent of one of the parents or guardians, as well as the guardianship and guardianship authority, if the applicant is less than 15 years old.

The medical examination must be organized by the employer, and it is the employer who is responsible for paying the applicant. At the same time, the applicant has the right to undergo a medical examination in another medical institution according to own choice, but in such a case, he cannot demand compensation from the employer.

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

The terms of the contract, which provide for the restriction of the rights of a minor, contrary to labor law, are recognized as null and void, and the employee cannot be held liable for non-compliance with them in the course of labor activity. Therefore, the use standard contracts with a standard leave of 28 days, the possibility of overtime, holiday compensation, or simply taking into account the standard length of the working week, will be limited - at least the conditions regarding these aspects of work will need to be changed.

What kind of work can not accept minors

rules employment of minors, established by the provisions of Art. 265 of the Labor Code of the Russian Federation, contain complete list conditions under which it is prohibited to use the labor of these persons in general, regardless of the nature of such labor and other circumstances. This list of legislation includes the work of:

In nightclubs, strip bars, cabarets and other similar establishments.
Associated with the transportation, manufacture or sale of alcohol or tobacco products.
With toxic or narcotic drugs.
With materials of an erotic nature or providing for the possibility of contact of a minor with such materials or intangible objects.
In the gambling business.
At any enterprises and positions, attributable to harmful or dangerous.
watch.
Associated with the movement or manual carrying of weights in excess of permissible norms.

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

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

Engaging a minor applicant to work in an organization is associated with a number of restrictions for the subject entrepreneurial activity. On the one hand, this may cause the entrepreneur to be unwilling to apply for any position of such applicants.

On the other side, this development events provides a number of benefits for both the teenager and the employer. For the first - gaining work experience and certain skills directly related to his future activities. For the second - an employee who is ready to perform work that does not require a full-time job, which saves money on wages.

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From what age can teenagers work under the Labor Code?

Employment of minors is no longer a rarity. This category includes persons under the age of 18, but who have already turned 14.

In accordance with the Labor Code, the employment of such workers is required to be carried out according to certain rules. The presence of special benefits and restrictions on the actions of the employer regarding an employee under 18 years of age helps to protect the latter from unwanted health and moral development problems.

Download the form of an employment contract with a minor for free.

The Labor Code of the Russian Federation does not prohibit minors from applying for their preferred position under an employment contract, but makes certain demands both job seekers and employers. The main and most common are:

Written permission from the child's parents or legal guardians.
The applicant has a minimum education, which is a basic secondary education.
Reaching the age of at least 14 years.
No health contraindications.

As stated in article 63 of the Labor Code of the Russian Federation, labor relations can be formalized with citizens whose age on the day the document is signed is at least 16 years old.

But in the list we indicated 14 years, since at this time a teenager also has the right to be registered with a company. Then the document on his employment will be signed by parents or guardians.

Recruitment

In order for the teenager’s placement in an organization as an employee to pass as much as possible competently from a legal point of view, the main features of concluding an employment contract with such an employee must be familiarized in advance not only with the applicant himself, but also with the employer.

Documentary employment of minors is carried out on a general basis. According with article 66 of the Labor Code of the Russian Federation the employer needs to issue a work book for a new employee. There are no age restrictions in this matter. For this reason, to issue a work book, you must provide:

identity card - passport or birth certificate;
a document of education, which can be not only a diploma or certificate, but also a certificate from educational institution, in which a minor person receives an education, or, for example, a grade book.

Additionally, the employer may require only those documents on the basis of which information will be entered about military service and learning.

Dismissal at the initiative of the employer

According to article 269 of the Labor Code of the Russian Federation termination of the employment contract a minor employee can be at the initiative of the employer only under specific circumstances. These include:

termination of activity by an individual entrepreneur;
liquidation of the organization;
approval from the state labor inspectorate and the commission on juvenile affairs.

In the latter case, the employer for which the teenager will be fired must send statements to the relevant organizations. The application must contain a request for permission to terminate the contract with the minor employee.

You can download a sample application for permission to terminate the contract.

If necessary, the employer should attach to the appeal documentary evidence of the reasons why he is going to dismiss the teenager working for him. The response to the appeal is sent either to the email address or by mail to the actual address, depending on the form of transmission by the employer.

When the termination of the contract occurs at the end of its validity, or at the initiative of a minor, then notice is sufficient. 3 days before the end of the activity from the respective party.

Learn more about the features of work from the video:

Many young people under the age of majority are striving for financial independence and the accumulation of useful work and life experience. Thus, they turn to potential employers for the purpose of employment. But very often enterprises and companies are wary of such applicants, not being sure of the legitimacy of underage workers. However, such prejudices are wrong.

What are the legal nuances associated with hiring a minor employee? Is it obligatory to conclude a contract with a minor? Let's consider these and other questions in more detail.

Normative base

The use of the labor of persons under the age of majority, as well as other aspects of labor relations, are regulated Labor Code Russian Federation, federal laws, as well as other regulatory legal acts, in particular, government decree No. 163 (dated February 25, 2000), establishing a list of jobs for which it is forbidden to hire underage workers.

Note

The Labor Code clearly indicates that it is allowed to hire minors upon reaching the age of 14, and not earlier.

For violation of this rule, administrative and criminal liability measures are provided.

Article 265 of the Labor Code additionally stipulates the working conditions of an employee who has not reached the age of majority.

Age Restrictions and Opening Hours

The labor legislation of the Russian Federation is aimed at protecting the rights of underage workers and preventing the illegal exploitation of child labor. Recall that, according to the law, a minor can work from the age of 14, and the only regulatory document regulating his employment is an employment contract.