Types of nuances of drawing up an employment contract with minors

13.09.2019

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4 min.

Private companies often hire schoolchildren and students to carry out simple tasks during the summer holidays. But taking into account the fact that most of them are minors, the employment contract with such an employee will have a number of features. Without signing the document, the activity is considered illegal, and the employer is held accountable by the authorized bodies. Therefore, if you want to hire a person who is not yet 18 years old, you should do everything correctly.

Age restrictions

According to the Labor Code of the Russian Federation (Article 63), it is allowed to employ citizens whose age has reached 16 years. Subject to certain conditions, employment of citizens under the specified age is possible.

Official employment of minor citizens aged 14 to 18 years is permitted when the child is not in full-time education, has completed general education, or if studies have been terminated taking into account legal norms.

Attention! From the age of 14, children during periods not occupied by schoolwork are allowed only harmless and uncomplicated work that does not interfere with educational activities.

Citizens under 14 years of age can work in some structures (concert, circus, theater). But such activities should not harm the physical or moral health of the child (Article 63 of the Labor Code of the Russian Federation).

To employ citizens under 16 years of age, permission from any of the guardians or parents and trustee structures, expressed in writing, is required.

What to do if the second parent does not agree to the conclusion of an employment contract for a person under 15 years of age ?

Consent to the employment of a minor

Consent to the employment of a minor is required from one of the parents (if both parents are married), or from both parents if they are divorced.

Moreover, if the second parent does not give permission for the employment of minor children, the corresponding Resolution of the Supreme Court of the Russian Federation No. 1 (dated January 28, 14) comes into force. This resolution determines that if one of the parents is against employment, the decision on employment is made based on the wishes of the applicant himself and the decision of the guardianship authority.

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Labor organization for teenage workers

For working minors, the law provides for reduced working hours (Articles 92, 94 of the Labor Code of the Russian Federation).

Taking into account age, the length of the working week for minor workers may vary. For 16-year-olds - no more than 24 hours and no more than 35 hours - for citizens from 16 to 18 years old.

Moreover, for children working at work during the school period, weekly work should take up to 12 and up to 17.5 hours, respectively.

Limitations on the duration of work during the day (shift) for minor employees from 15 to 16 years old are no more than 5 hours and no more than 7 hours for children from 16 to 18 years old. For persons simultaneously working and undergoing training, daily work should not be more than 2.5 hours for employees aged 14 to 16 years and less than 4 hours if the child is between 16 and 18 years old.

For teenagers, activity (production) standards are calculated on the basis of general indicators in proportion to the work time determined for them (reduced). For minors who come to the enterprise after completing their studies, reduced production rates are introduced in comparison with other categories of workers (Article 270 of the Labor Code of the Russian Federation).

Fixed-term employment contract

Often, a fixed-term employment contract is concluded with a minor employee for a specific period of time (for example, during the holidays). Such an agreement is most preferable for the employer due to the validity period specified in it. In this case, when terminating the contract, there will be no need to coordinate the dismissal with the State authorities.

Only organizations with more than 35 employees and 20 employees in the field of consumer services and trade have the right to enter into a fixed-term contract. If the number of employees is smaller, a fixed-term contract can be concluded for a period of no more than six months.

Documents required when applying for a job

To get a teenager to work you need:

• document confirming the identity of the person entering the organization (general civil passport);
• confirmation of education, receipt of a certain qualification or certificate of suspension of education;
• work book (if available);
• document of a participant in the pension system (SNILS), except for the situation of hiring for the first place of work;
• confirmation of military registration (for boys);
• permission of the parent (guardian), as well as the guardianship authorities, to employ a child under 16 years of age;
• medical certificate.

The procedure established by the Ministry of Health and Social Development of the Russian Federation (Order No. 302, 04/12/2011) provides for the mandatory medical examination of adolescents every year until they reach adulthood.

Attention! A medical examination of a citizen is carried out at the expense of the enterprise (Articles 69, 266 of the Labor Code of the Russian Federation). If a minor employee does not have a medical certificate, the management of the organization faces liability for an administrative violation (Article 5 of the Code of Administrative Offenses of the Russian Federation).

Features of an employment contract with minor workers

Concluding an agreement with persons under the age of 18 has some peculiarities. According to Art. 70 of the Labor Code of the Russian Federation, a minor employee is exempt from the probationary period when hired and does not bear full financial responsibility. He is responsible financially only in the cases prescribed in Art. 242 Labor Code of the Russian Federation:

• Damage caused as a result of an administrative violation, the commission of a crime or while intoxicated.
• Intentional causing of damage.

Remuneration for minors

Features of the calculation of payment for children (under 18 years of age) are reflected in the notice of the Federal Tax Service of the Russian Federation (No. ШС-37-3/10304, 08/31/2010), in the Labor Code of the Russian Federation (Article 271), and are also formed taking into account the system in force in the employing organization payment.

• The amount of earnings with a time-based payment option is affected by the duration of the activity. At the request of the administration and at the expense of the enterprise’s resources, a minor employee receives an additional payment up to the salary of employees of the same category with a standard daily workload (Article 271 of the Labor Code of the Russian Federation).
• In a piecework form of employment, earnings are calculated according to the current prices for the products produced. At the expense of its own funds, an enterprise can pay an employee up to the tariff rate for the difference in time for full and reduced daily employment.
• For citizens combining study and work , payment is also calculated taking into account output or time (worked). Additional payments are set at the discretion of the administration.

Attention! The employer cannot issue this category of employees a power of attorney to carry out operations involving the receipt of benefits, since minor citizens are not recognized as fully capable.

Teenage workers are entitled to paid leave once a year. The duration of rest is 31 days (calendar), and the time it is provided is determined by the employee’s needs (Article 267 of the Labor Code of the Russian Federation). The provisions of the Labor Code of the Russian Federation (Articles 124-126) in relation to persons under 18 years of age are prohibited:

• refuse to provide leave (annual);
• replace rest days with compensation (monetary);
• terminate your vacation (vacation) early.

Question: How is the accrual and payment of compensation for unused vacation upon dismissal to a minor employee who was employed in the main production activity on seasonal work reflected in the organization's accounting? View answer

Specifics of the contract content

The issue of signing an employment contract with a minor is regulated by Chapter 11 of the Labor Code of the Russian Federation. This document specifies basic information about the parties and provisions on work, wages, and established work schedules. The contract is accompanied by all signed additional agreements, a signature on non-disclosure of trade secrets or customer data, a job description and a statement of liability.

Mandatory points

A contract with a minor employee is concluded by mutual agreement of the parties for a certain period or indefinitely. If the time period has been agreed upon in advance, it is necessarily reflected in the agreement. Also, the document must contain basic references to articles of the Labor Code of the Russian Federation and not contradict the requirements of the law as a whole. In particular, this applies to the following conditions:

• No probationary period.
• A work schedule that includes shortened hours. The work rate per week should not exceed 35 hours, and for persons under 16 years of age - 25 hours.
• Shortened shift duration.
• Limited financial liability, damages can be recovered only if the harm was intentionally caused.
• Extended annual paid leave of 31 days.

Remuneration remains at the same level as that provided for adults in similar positions. Otherwise, the company’s actions will be considered by inspection authorities as discrimination against an employee based on age.

Additional terms

It is important to stipulate in the contract the terms of additional insurance for the employee, the guarantees and compensation provided for him. For example, some companies reimburse expenses incurred during the session, provided that the student receives education directly related to his activities at the enterprise. In this case, the company is interested in improving the qualifications of its employee.

Special conditions

A contract with a minor involves undergoing a mandatory medical examination. This is one of the requirements of labor legislation (Article 266 of the Labor Code of the Russian Federation), which the employer must comply with. It must be paid from the employer’s budget, which is also better to indicate.

If an employee is entrusted with valuables while working, a separate clause should indicate his responsibility in the event of their damage or loss. It will not be possible to recover damages caused by negligence from a minor, nor will it be possible to compensate for lost profits or moral damage.

Salary

Despite the fact that the salary of minor workers is set at the same level as that of adult team members, they do not receive the same wages. Due to the requirement of part-time employment, the calculation is made in the established proportion. In this case, as a motivation, the company may offer a bonus or compensation for travel expenses. Everything is determined individually in each case and must be specified in the employment contract.

It is important to know! There is no need to bring the salary to the level of the minimum wage, since the employee is employed part-time, which means payments are less than the established amount, which will not contradict labor legislation (Article 133 of the Labor Code of the Russian Federation).

Features of drawing up an employment contract

IMPORTANT! A sample of filling out an employment contract with a minor employee from ConsultantPlus is available here

Relationships of a legal nature between an organization and an employee, including a minor, arise taking into account the provisions of the employment contract (Article 16 of the Labor Code of the Russian Federation).

A special form for registering labor relations with children under 18 years of age is not officially provided. The standards for the employment of minor citizens of the country, which must be reflected in the contract, are prescribed in the Labor Code and other regulatory documents of the Russian Federation.

The agreement must contain sections defining:

• title of the document (including number, date and place of execution);
• information about the participants (parties to the agreement);
• general provisions describing the admission of a citizen to the organization for the specified position;
• the subject of the agreement concerning the general provisions for the inclusion of a citizen in the state and the start date of work;
• duties of the parties;
• rights of participants;
• length of time for work and rest;
• the procedure for calculating and paying earnings;
• liability of participants for non-compliance with the provisions of the agreement;
• reasons for termination of the contract;
• procedure for action in the event of controversial situations;
• names and signatures of participants.

A contract with a minor must reflect the length of time for performing work duties (reduced), a ban on certain activities, the right to annual leave (in an increased amount) and the obligation of regular medical examination.

As an annex to the contract, the employee’s personal job description, individual activity schedule, permission from parents and supervisory authorities (if necessary) can be used.

The form of permission from parents is not regulated; it is important that it be in writing and contain significant points:

• Full name of one of the parents and the employed child;
• passport details of the parent and teenager;
• name of the organization where the minor is employed;
• the position for which he is being appointed;
• date of;
• personal signature of the parent.

Upon first employment, the personnel structure of the enterprise issues a work book and a pension system participant document for the employee.

After drawing up an employment contract with a minor employee, an order is prepared for his admission to the organization, indicating his position. Next, instructions are given on safety issues during work, as well as familiarization with the internal regulations of the enterprise.

This is prohibited when working with teenagers.

An employer who hires minors must be well aware of the specifics of the legislation that contain prohibitive provisions, since violation of them is fraught with serious sanctions.

1. The law does not allow a probationary period for minor workers. If the standard text of the contract contains this clause, it is necessary to draw up an additional agreement excluding it.
2. Persons under 18 years of age cannot be assigned to night shifts, sent on business trips, detained for overtime work, or called on weekends.
3. Article 256 of the Labor Code of the Russian Federation lists activities that a minor will not be able to engage in on an official basis:
   work in harmful and/or dangerous conditions;
4. underground works;
5. work related to the movement of heavy loads;
6. professions associated with risks to morality and health (casinos, erotic clubs, bars, transportation and sale of alcohol and/or tobacco products, etc.).

Attention! After the employee reaches the age of majority, the employment agreement with him is renewed. The new (standard) contract excludes benefits that are legally provided only for teenagers.

What jobs are minors prohibited from working in?

The peculiarities of employing minors are that not every job can employ an employee who has not reached the age of majority. As stated above, the job should not pose any health risks to the candidate and should be considered “light”.

However, the existing legislation has a number of direct restrictions on the employment of underage candidates. In particular, minors are not allowed to work if:

• Work may incur moral losses or harm to physical health (according to 265 TKRF)
• The work is carried out at night (According to Article 96 of the Labor Code of the Russian Federation, the shift cannot begin earlier than 6 am, and the end of the shift cannot be later than 22:00)
• Work is carried out on holidays, official weekends or after hours. (The exception, according to Article 268 of the Labor Code of the Russian Federation, is creative work and employment in sports and creative events)

Important: The full list of prohibited professions is listed in Russian Government Decree No. 163 (dated 02.25.00)

Vacations

Employed children and adolescents have the right to an annual paid leave of 31 days. This is more than for adult workers (28 days).

If leave is granted after 18 years of age, its duration is calculated in proportion to the time worked before and after reaching adulthood.

The employee’s birthday is March 5, making him 18 years old. It runs from January 1; He is scheduled to go on vacation from July 1st.

As a minor, he worked 64 days (31+28+5). For this he is entitled to 64/(365/31) = 5.4 vacation pay (rounded to 6). As an adult, he worked 117 days (26 in March + 30+31+30). For this he is entitled to 117/(365/28) = 9 vacation pay. In total, he will go on vacation for 15 days in July.

Vacation days are given at a time convenient for the employee (Article 267 of the Labor Code of the Russian Federation); they cannot be transferred, replaced with monetary compensation or reduced.

Restrictions in force in the Labor Code regarding minors

Principles defining activities that are safe for minors:

• compliance of work with the functional and age capabilities of the body;
• absence of adverse effects on development, growth, health;
• eliminating the increased risk of injury, both for the minor and for others;
• taking into account the increased sensitivity of the body to the effects of factors in the working environment.

Persons under the age of majority are not hired if:

• working conditions harmful or hazardous to health;
• the work carries strong neuropsychic stress;
• work may interfere with moral development (for example, production, transport, trade in tobacco products and/or alcoholic beverages);
• work involves moving and carrying heavy loads that exceed the norms established for adolescents;
• work involves working on a rotational basis (with the exception of creative professions), at night;
• at the same time.

An employer cannot involve a teenager in work if, as a result of a medical examination, contraindications to its performance were discovered. The legislation allows the employee to organize a medical examination both before and after the conclusion of an employment contract.

The list of jobs prohibited for minors is quite wide and includes: work in ferrous and non-ferrous metallurgy, subway construction, gas, oil, peat extraction, chemical production, metalworking, mechanical engineering, shipbuilding, etc. Prohibitions and restrictions have been established regarding the movement of heavy objects manually and on a cart.

It is prohibited to use the labor of minors in nightclubs, bars, in the gambling business, in the production and transportation of alcohol, narcotic and psychotropic substances, and in their sale.

What does the law say?

In accordance with current legislation, everyone has the right to work, including persons under 18 years of age.

But taking into account the young age of applicants, as well as the characteristics of their young bodies, at the legislative level some restrictions are provided for minor workers and a number of admission features are established.

Normative base

Article 63 of the Labor Code of the Russian Federation states that the employment of young workers is possible, but only if certain conditions are met, namely:

• written permission from guardians, who in most cases are the parent, as stated in Article 26 of the Civil Code of the Russian Federation;
• a certain level of education, that is, at least having a basic secondary education;
• reaching the appropriate age;
• no medical contraindications to work.

At what age can children already be employed?

Article 63 of the Labor Code of the Russian Federation states that the admission of minors is possible only upon reaching a certain age, namely 16 years. Although, as an exception, it is possible to find a job at the age of 14, but only for light work and during a period of time that is free from classes at school or another educational institution.

Also, as an exception, a minor employee 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 of the Russian Federation

Restrictions

Even if they have a full package of documents from parents and guardianship authorities, young job seekers need to know that not all enterprises and positions they can apply for. And employers, in turn, cannot always use the labor of minors.

In particular, on the basis of Article 265 of the Labor Code of the Russian Federation, it is prohibited to engage young workers in the following types of work:

• harmful or hazardous employment conditions, including underground work;
• gambling business or work associated with psychological stress, as well as all types of activities related to alcoholic beverages, tobacco products, erotic products;
• lifting weights above the norm established for this category of workers.

Also, children under 18 years of age cannot be employed in the following cases:

Benefits and guarantees

Given the young age of workers, the legislation provides not only restrictions, but also benefits that were introduced to protect minors.

Termination of an employment contract with a minor employee

The legislation of the Russian Federation establishes additional guarantees for minors. Dismissal at the initiative of the employer in accordance with Art. 269 ​​of the Labor Code of the Russian Federation is permitted only with the permission of the relevant State bodies for minors’ affairs that protect their rights. The only exception can be the liquidation of the enterprise.

The absence of consent from State bodies obliges the employer to reinstate the employee to his position with paid forced absence. The employer's refusal to reinstate entails administrative and financial liability.

For children left without parental care and orphans, when closing an enterprise, the employer is obliged, at his own expense, to provide them with vocational education and employment.

When terminating an employment contract, the general procedure provided for in Art. 84.1 Labor Code of the Russian Federation:

• The employee is notified of dismissal three days before the expiration of the employment contract.
• An order to terminate the employment relationship is issued with the signature of the employee.
• An entry is made in the employee’s work book on the basis of what and for what reason the employment contract was terminated.
• On the day of dismissal, the final payment is made to the employee and a work book is issued.
• The employee, upon his written application, is given copies of documents related to his work.

These are the general rules for concluding employment relationships with persons under 18 years of age. The employer is obliged to fulfill all the requirements established by law, and failure to comply with them leads to administrative liability in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Working hours

For employees who have not reached the age of majority, a reduced work shift duration and weekly hours are provided. At the same time, there must be at least 12 hours of rest between shifts.

Production standards are set in proportion to the length of working hours. This must be stipulated in the collective and individual employment agreement and in other local acts of the company.