Hiring minor workers aged 14-18 years according to the Labor Code of the Russian Federation

24.09.2019

0

1205

5 minutes.

Companies have the right to hire persons under 18 years of age for uncomplicated and non-hazardous work. Employment of minors is usually temporary, as students are in a hurry to earn extra money during the holidays. The registration of such employees has a number of features and requires strict adherence to established regulations. In some cases, it is necessary to obtain the consent of parents or guardians.

Legislation

The work of persons under 18 years of age is regulated by Chapter 42 of the Labor Code. Hiring teenagers may also be based on other legislative acts, labor and collective agreements of the employer.

By the Law on Employment (dated April 19, 1991 No. 1032-1), minor citizens are recognized as especially in need of social protection, since they experience a number of difficulties when finding work. Therefore, the state applies additional guarantees to this category in the form of organizing their training under special programs, applying targeted employment promotion programs, etc.

Is anyone's consent required upon dismissal?

Labor in the Russian state is free, so if a minor decides to quit of his own free will, he is not required to ask anyone for permission. But termination of an employment contract with employees under the age of 18 at the initiative of the employer (except for the case of liquidation of the organization or termination of activities by an individual entrepreneur), in addition to compliance with the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights . Parents will not be asked.

Features of hiring minors in 2021

Mandatory conditions for the employment of teenagers (in accordance with Article 63 of the Labor Code) are:

• reaching the age established by labor legislation for cases of hiring minors;
• written consent obtained on behalf of the child's legal representative (parent or guardian). For children under 15 years of age, permission from the guardianship and trusteeship authorities is additionally required;
• having a minimum level of education;
• a teenager can do light work that will not harm his health.

If we talk about the age at which a young citizen can start working, the general rule is to reach the age of 16. But situations are acceptable when an employer has the right to employ a minor before the age of sixteen:

• 15-year-old teenagers can be employed provided they have a basic general education or expelled from an educational institution, but continuing their education in another form;
• children 14 years of age who have received or are receiving general education;
• under 14 years of age if they are members of creative groups, circuses, cinematographic organizations, and sporting events.

How can a minor work?

Workers under 18 years of age may only be involved in work that is recognized as light work and not harmful to their health. According to Art. 265 of the Labor Code it is prohibited to use the labor of minors:

• in hazardous, hazardous industries (according to the list approved by Decree No. 163 dated February 25, 2000) and underground work;
• in workplaces where there is a risk of harm to health;
• in areas and places of work where the moral development of a young citizen is harmed (production and sale of tobacco, alcohol, narcotic products, employment in the gambling business and nightclubs, etc.);
• to work part-time, on a rotational basis;
• employment in religious organizations;
• for business trips, working overtime, as well as working on weekends and holidays, night shifts (with the exception of employment in creative teams and athletes).

What to pay attention to

Sometimes, especially when the child’s parents are divorced, one of them agrees that the minor should work, but the other is categorically against it, believing that the child should rest during the holidays. Keep in mind that despite the fact that the law requires the consent of one of the parents to employ a minor under 15 years of age, if the other parent believes that the work being performed negatively affects the child’s health, he has the right to demand termination of the contract.

It is also prohibited to send minors on business trips, engage in overtime work, work at night, on weekends and non-working holidays. Annual paid leave for employees under the age of 18 is provided for 31 calendar days at a time convenient for them. They also cannot be used in jobs the performance of which may harm the health and moral development of a teenager (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, erotic materials, etc.).

Working hours for minors

Labor legislation (Articles 92 and 94 of the Labor Code) establishes a shortened work shift for child workers, the duration of which depends on age. A working day cannot be more than:

• 24 hours a week for citizens under 16 years of age (12 hours a week for students and those combining work and study);
• 35 hours per week for citizens over 16 but under 18 years of age (17.5 hours per week for those combining work and study).

Article 94 of the Labor Code limits the daily work interval for children within the following limits:

Signing a contract with a teenager

Hiring a minor aged 16 years obliges the employer to comply with the established registration procedure. To do this, the future employee must provide a complete package of documents, which includes:

• Passport (if available) and birth certificate;
• Insurance certificate (SNILS);
• Documents from the military registration and enlistment office for boys from 17 years old;
• Certificate from college or institute;
• Work record book (if previously issued);
• The result of the examination at a medical institution;
• Written consent from parents in free form for persons under 14 years of age.

Attention! The company independently issues a work book, SNILS, and INN for its employee, if the person has not previously received them. It is unacceptable to refuse to apply for a position on the grounds that a citizen cannot provide an insurance certificate or tax number.

A potential applicant must undergo a medical examination in advance. It is aimed at identifying contraindications or chronic diseases that will not allow him to cope with the tasks in the future. It is necessary to obtain advice from a surgeon, neurologist, ophthalmologist, ENT specialist and therapist. Based on the results, the teenager is issued a certificate 086-U, which must be provided to the employer.

Specific terms of the contract

Employment of minors during the summer period is carried out on the basis of a contract. It is an agreement that reflects the main points of cooperation. The key sections are:

• Rights and obligations of the parties;
• Labor incentive conditions (calculation and payment of wages);
• Main job responsibilities;
• Work and rest hours;
• Duration of the contract and procedure for its termination.

Registration of a teenager for work is permitted by law from the age of 14, but only if there are no objections from parents or guardians. From the age of 16 this is no longer required, therefore, depending on age, the employment contract will have its own specifics.

1. From 14 to 16 years old. It is expected to combine activities with studies, so the length of the shift should not be more than 2-3 hours.
2. From 16 to 17 years old. The duration of the working day is no more than 4 hours. In general, the working week is no more than 17.5 hours.
3. From 17 to 18 years old. They also have shifts of 4-5 hours, but the duration of the week in the summer can be up to 35 hours.

All this must be reflected in the employment contract, since this document regulates the relationship between the parties. An employer does not have the right to oblige a teenage employee to work on holidays or weekends, travel on business trips, or exceed the established weekly limit. It is illegal to include such clauses in a contract.

Restrictions on registration

When registering this category of citizens, the company does not have the right to set a probationary period for the teenager. This legal requirement is easily explained by the fact that a person under 18 years of age has not yet developed a sufficient base of knowledge and skills to pass this type of test. Testing creates additional stress that can negatively impact mental health.

When hiring a minor, the employer must be prepared for the fact that he will not immediately understand the specifics of the activity and will need detailed instructions. Typically, such persons are attracted for a short period of time (vacations), which means that conducting tests is simply impractical. Therefore, this legal restriction must be strictly observed.

Organization of working conditions

Creating comfortable working conditions for a minor employee is the responsibility of the employer. He is obliged to synchronize release dates and periods in such a way that this does not interfere with the educational process. This can be agreed upon based on the schedule provided. In addition, the person is allocated hours during his shift for proper rest and nutrition.

Salary is accrued and paid to minor employees on the same terms as other personnel. But this does not mean at all that they receive the same wages as them. The shortened working day is taken into account, so the calculation is made based on the actual time worked. With piecework payment, the number of finished products or the established tariff rate are calculated. Payment of wages is carried out in two parts, one of which is an advance.

Attention! It is unacceptable to prescribe restrictions that worsen the working conditions of a teenager at an enterprise in local regulations. This amounts to age discrimination.

Applying for a job - step-by-step instructions in 2021

The procedure for registering the fact of employment of a citizen under 18 years of age is generally subject to the general principles of employment, which should be followed in accordance with labor legislation. But there are some peculiarities here. Let's look at the procedure step by step.

1. Familiarization of the employee with the internal labor regulations and other local documents of the organization related to labor relations, against signature.
2. Receiving from the young man the necessary package of documents, including a mandatory medical report of a preliminary examination. In the future, adolescents until they reach the age of majority (18 years old) are required to undergo an annual medical examination at the expense of the employer.
3. Drawing up and signing an employment contract. It should be taken into account that it is signed on behalf of a citizen under 14 years of age by the child’s legal representative. Article 70 of the Labor Code prohibits the establishment of a probationary period for citizens under 18 years of age.
4. Drawing up an order (order) for an organization regarding employment. Prepared in accordance with the terms of the employment agreement.
5. Making a record of employment in the work book (within 7 days from the date of the order). If this is the first job for a teenager and he does not have a work book, then it is created by the employer in his presence within seven days from the date of admission.
6. Familiarization of the employee with the employment record in the personal card.

What documents will be required?

The list of documents required for employment depends on the age category of the citizen.

How to obtain parental consent

If you, caring parents, are not against the official employment of our child, then we will competently draw up a permit - by hand or on the computer. The form is free, but there are rules for document execution:

1. In the upper right corner we write a header: name of the organization, full name. and the position of the head of the company. In the middle of the line with a capital letter is the name of the document (“Permission”).
2. We indicate who the minor is, passport details, place of registration, then we write that we agree to conclude an employment contract, indicate the position in which the child will work, and for how long.
3. We put a date and signature with a transcript.

Current sample of parental permission to work for a minor (on behalf of the mother)

Option: sample parental consent for a minor to work (on behalf of the father)

In the absence of parents, a guardian is responsible for the minor and gives permission for the teenager to work. In this case, the document looks like this:

Wages and rest days

Points related to the remuneration of working children are provided for in Art. 271 TK. In this case, the following features related to the payment system defined for a specific organization apply:

• with time-based wages, the amount of payments is affected by the length of working hours;
• In the piecework system, piecework prices are applied.

The employer has the right to independently make additional payments to minor employees from its financial resources up to the level of pay for employees of the corresponding categories.

The law sets the duration of basic paid leave for teenagers at 31 calendar days. At the same time, he can exercise his right to rest at any time convenient for himself. The employer's restrictions regarding the leave of a minor should also be taken into account. Prohibited:

• refuse to provide paid days of rest;
• carry out recall from vacation;
• make compensation payments in lieu of vacation days.