Working hours for a 14 year old

Home / Family law / Children's rights

Back

Published: 08/13/2018

Reading time: 8 min

438

Everyone has the right to work, including minors. Of course, there are age restrictions when hiring minors. Also, the working conditions of adolescents differ significantly from the working conditions of adults.

Legislative regulation of the issue
Basic provisions when concluding an employment contract
Rights and obligations of minor workers
Features of labor relations

Working hours for workers under 18 years of age

If you decide to hire minors, it is important to consider not only the length of the working week for them, but also the length of the working day.

Length of working week

Unlike most regular employees, for whom the working week is 40 hours, minors are subject to the reduced working hours rule. Moreover, the time is reduced depending on age and other circumstances - in particular, the fact of training is taken into account.

So, for example, for workers under 16 years of age, the working week is no more than 24 hours, and for workers from 16 to 18 years old it is extended by 11 hours, that is, it does not exceed 35 hours (Article 92 of the Labor Code of the Russian Federation).

If, subject to the training of minors and work in their free time during the academic year, the duration of work cannot exceed half of the established norms, namely:

12 hours a week if the young man or girl is under 16 years of age;
17.5 hours if the minor is between 16 and 18 years old.

In this case, the employer has the right to request a certificate from the educational institution, which confirms the fact of receipt of education.

During the holidays, minor workers who continue their studies can work the entire shortened working week - 24 or 35 hours, respectively.

Working hours

There are also strict restrictions on the length of the working day established by Art. 94 Labor Code of the Russian Federation:

teenagers aged 14-15 years work 4 hours;
teenagers aged 15-16 years - 5 hours;
young people and girls aged 16-18 years - 7 hours.

If a minor combines studies in general education programs or secondary vocational education programs with work in his free time during the academic year, then the duration of the work shift should not exceed:

2.5 hours - if minors are 14-16 years old;
4 hours - if minors are 16-18 years old.

Please note that Art. 268 of the Labor Code of the Russian Federation prohibits employers from:

Send minors on business trips;
Involve teenagers under 18 years of age in overtime work;
Give them work at night, on weekends and non-working holidays.

The employer does not have the right to establish a probationary period for a minor employee (Part 4 of Article 70 of the Labor Code of the Russian Federation). He is also prohibited from entrusting this category of employee with performing work under conditions of full individual or collective (team) financial responsibility (Article 244 of the Labor Code of the Russian Federation).

The only exceptions in these cases are the creative spheres: media, cinema, filming, theater and concert activities, circus.

How long should a teenager work?

The types of work for which minors can be employed are not listed in any regulatory act. But most often, Russian employers employ persons aged 14 years as courier, cleaner, assistant, actor, advertisement poster, promoter, distributor of information materials (flyers, business cards, calendars). According to Deputy General Director Elena Nozdryukhina , if the law allows 14-year-old citizens to earn extra money, then maximum working hours should be established for them.

“During the school year, 14-year-old school and college students can work no more than 2.5 hours a day. The rest of the time, 14-year-old workers are allowed to work no more than 24 hours a week, with no daily work limit specified. If we assume that a 14-year-old teenager, with the permission of his parents, started working part of the vacation time, then it would still be correct to determine how many hours of daily work would be acceptable for him,” says the lawyer.

But how long should/can a teenager work without harm to health? On the initiative of Vadim Solovyov, for workers aged 14 to 16 years, a single work shift duration has been established - no more than 5 hours.

Meanwhile, Elena Nozdryukhina recalls the practice of the Soviet years, when the working day for 14-year-olds was shorter, and believes that in the interests of workers it should have been preserved. “The trade unions, referring to the working document of 1988, proposed to consolidate its norm in the Labor Code of the Russian Federation in this way: “the duration of working hours during the holidays for students aged fourteen years cannot exceed 4 hours a day.” Personally, such a restriction seems more correct to me, taking into account the age characteristics of 14-year-old workers, and also more familiar, remembering my school summer teams,” the expert notes.

Unfortunately, the deputies did not listen to the opinions of trade unions and independent experts. But the fact that the issue of maximum working hours for persons aged 14 years is regulated by law is already good. After all, now employers will have clear instructions regarding work shifts for teenagers of all ages, which will eliminate double interpretation of the law.

Leave for minors

We all remember well that usually the right to use vacation for the first year of work arises after 6 months of continuous work in the company. But there are categories of workers to whom the legislation (Article 122 of the Labor Code of the Russian Federation) grants the right to annual paid leave before the expiration of six months. These include women - before or immediately after maternity leave, employees who have adopted a child under 3 months of age, and minors. Leave is granted at the request of the employee.

The duration of annual paid leave for an employee under 18 years of age, according to Art. 267 of the Labor Code of the Russian Federation, more than for ordinary employees - this is 31 calendar days.

The employer does not have the right to recall a minor employee from vacation (Part 3 of Article 125 of the Labor Code of the Russian Federation) and compensate for the vacation with money (Part 3 of Article 126 of the Labor Code of the Russian Federation).

How to determine the duration of leave if it is granted to an employee after he reaches 18 years of age? Correct option: based on the totality of time worked separately before and separately after reaching adulthood.

Basic design rules

The procedure for applying for leave in this case is standard.

The employee writes an application in any form, since there is no established form. To ensure timely accrual of vacation benefits, it is better to draw up the document in advance.

The requirements for writing all applications are the same. These include:

Filling out the document header in the upper right corner. The last name, first name and patronymic, as well as the position of the authorized person to whom the request is addressed, are indicated here. Next, write down the details of the initiator of the application – full name and position of the employee.
In the middle is the title of the document – a statement.
The line below sets out the request for leave, indicating the name (annual, educational, etc.), reason and start date.
If an article of the Labor Code of the Russian Federation is written down, on the basis of which the provision of leave is mandatory, then this is welcome.
Finally, the employee signs and dates it.

It is worth noting that if an employee wishes to take all the days allotted to him at once, then in the application it is enough to indicate the start date. If the vacation is split into two parts, the start and end dates must be indicated.

On a note. The deadline for submitting an application is not regulated anywhere and is not precisely established, however, in order for timely payment to be calculated, it is necessary to submit the document at least three days before the start of the vacation.

After the application is recorded by the responsible employees, an order is generated. The form can be arbitrary on the company’s letterhead, as well as a unified T-6.

How are minors paid?

According to Art. 270 of the Labor Code of the Russian Federation, for workers under the age of 18, production standards are established based on general production standards in proportion to the reduced working hours established for these workers.

If a minor was hired after receiving general or secondary vocational education, and also if he underwent appropriate on-the-job training, then the employment contract may establish reduced production standards.

With time-based wages, wages are paid taking into account the reduced duration of work. In Art. 271 of the Labor Code of the Russian Federation specifies that “the employer may, at his own expense, make additional payments up to the level of wages for employees of the relevant categories for the full duration of daily work.”

If a minor performs piecework work, then payment is made at the established piecework rates. If an employee under 18 years of age studies and works during his free time, then payment is made in proportion to the time worked or depending on output. In both the first and second cases, the employer can also (but should not!) establish additional payments to such an employee’s wages at his own expense.

Limitation factor

First of all, legislation prohibits teenagers from working in harmful and dangerous industries or in companies with similar conditions, as well as where they can slow down or damage moral development, for example:

Activities related to underground work;
Chemical industry;
Sale or transportation of alcohol, tobacco, toxic drugs;
Employment in nightclubs, bars and gambling establishments.

The specified labor relations with minors are strictly prohibited under the Labor Code of the Russian Federation. Art. speaks about this in particular. 265. In addition to this, the Government has approved a list of industries and activities in which teenagers cannot be employed. The list is contained in Resolution number 163.

The manager's attention is focused on the point that the prohibition takes place regardless of the desire and request of the applicant. Under no circumstances can a contract be concluded with him.

The provisions of regulatory legal acts fully apply to persons undergoing internships from educational institutions. In particular, the duration of the working day should not exceed 4 hours, provided that sanitary and hygienic standards are observed at the production site (workplace).

The ban also applies to the probationary period (enrollment proceeds without it), as well as to work:

At night and overtime;
On weekends and holidays;
On a part-time basis;
Under the conditions of full financial responsibility of the candidate;
On a rotational basis and in conditions of long-term stay away from home (business trip);
In religious institutions.

Exceptions for business trips and extracurricular work are made when a minor citizen is a member of a theater, circus, or film troupe. In this case, he may be involved in filming at night (weekends or holidays).

It is important to know! The maximum load allowed in terms of carrying and lifting heavy objects is also established. The standards are set out in Resolution of the Ministry of Labor No. 7, and exceptions are made for young athletes, subject to the need for training load and compliance with medical indicators.

What documents are needed to formalize an employment contract with a minor?

The set of necessary documents for drawing up an employment contract greatly depends on the age of the minor worker and certain circumstances - for example, whether he is getting a job for the first time or not. In addition, if the employee is under 14 years old, then the employment contract is signed for him by a parent or guardian.

In its most complete form, this kit will look like this:

passport (if the teenager has already received one);
birth certificate (if the minor is under 14 years old);
consent of one of the parents (guardian) to conclude an employment contract - provided that the minor has not reached the age of 14 years;
consent of the guardianship and trusteeship authority - for a child under 14 years of age.
work book (if any). If an employee is hired for the first time, the employer issues a work book.
SNILS (if available);
military registration document (if a minor is subject to conscription for military service);
document on education, a document confirming qualifications (if the work he will perform implies the presence of certain competencies): a certificate of basic general or secondary general education, a diploma of secondary vocational education or even a certificate of training;
medical certificate of health - issued after a mandatory medical examination, which is required by Art. 266 Labor Code of the Russian Federation. Keep in mind that as part of the health protection of minors, the employer is required to send and pay for them to undergo mandatory pre-employment medical examinations, as well as periodic annual medical examinations until they reach the age of 18 years.

The contract with a minor must specify all the features of the labor relationship: the length of the working week, the duration of annual paid leave and other details. You can use this employment contract with a minor employee as a template - downloadable sample.

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.

Dismissal of a minor

It is worth noting that the grounds for dismissing teenagers are the same as for ordinary workers. This, in particular, is repeated failure to fulfill labor duties without good reason, if there is a disciplinary sanction; a one-time gross violation of work duties by an employee (absenteeism, theft, etc.), etc. (for a complete list, see Article 81 of the Labor Code of the Russian Federation). Although there is still one difference: minors cannot be fired due to failure to complete the probationary period, since a probationary period cannot be established for them.

In general, the dismissal procedure has its own characteristics only if the dismissal of a minor occurs at the initiative of the employer: in this case, Art. 269 of the Labor Code of the Russian Federation obliges the employer to comply with a number of additional requirements (the only exception is dismissal due to the liquidation of the organization or termination of the activities of the individual entrepreneur)

availability of consent from the state labor inspectorate;
the presence of the consent of the commission on affairs of minors and protection of their rights.

Accordingly, before issuing an order to terminate an employment contract, the employer will have to make written requests to the commission for minors and the state labor inspectorate at the employee’s place of residence, as well as to the elected body of the enterprise.

Only if there is consent, an order is issued, with which the employee must be familiarized, all due amounts are calculated and paid, and a work book is issued.

Orphans and children left without parental care who are dismissed by an organization due to liquidation, reduction of staff or staff, are provided with the necessary vocational training at the expense of the employer, followed by employment, as stated in paragraph 6 of Art. 9 of the Federal Law of December 21, 1996 No. 159-FZ.

Registration for work

An employment contract with a minor worker can only be concluded after graduation from school.

If he has not yet received a certificate, then you can accept a child who continues to study in the correspondence department.

When employing minor employees, it is necessary to sign an agreement, which can be fixed-term or indefinite.

A document drawn up for a specific time period is more preferable, since such an agreement can be terminated at the initiative of the employer only under certain conditions.

List of documents for hiring

For a minor teenager, employment is carried out in a certain order. The child must:

pass an interview;
provide a passport;
fill out the form.

After passing the interview, he can submit the following documents for registration to the staff:

your passport;
written permission from parents;
employment history;
medical book or certificate of medical examination;
SNILS (if available).

If a guy aged 17 is hired, he will be required to provide a document from the military registration and enlistment office confirming his registration.

If the employee is over 15 years old, then this set of documents will need to be accompanied by a school completion certificate or a certificate from an external school or evening school where he studied in absentia.

If he has not completed his full-time or part-time studies, then he is hired, like a 14-year-old teenager.

An employee 14 years old additionally needs parental consent written in any form or permission from the guardianship authorities on a special form.

A certificate about the school day and lesson schedule must be attached to the list of documents.

Procedure for terminating an employment contract

An employer cannot fire a teenager on its own initiative. To do this, he must obtain special permission from the State Tax Inspectorate and the Commission on Minors' Affairs.

If the manager has not received permission from these authorities, then the minor employee is reinstated in his position and is paid wages for the period of forced downtime.

An employment contract can be terminated by parents if they believe that work in production interferes with the child’s studies.

If the contract was concluded for 2 months, then it can be terminated before the end of the period at the request of the teenager.

3 days before this, he must notify management in writing about his dismissal, after which he may not go to his workplace.

1 comment on the article “Conditions and features of hiring minors”

V
Sasha writes:
Temporary employment of minor citizens aged 14 to 18 years allows the minor to organize free time from study, as well as gain experience and work skills, and receive their first income.
Answer

The legislative framework

Let's turn to Art. 63 of the Labor Code to find out at what age teenagers can be hired. It all depends on the field in which the minor is going to work:

If it’s a movie, theater or circus, then you can even accept a small child. Only in this case an employment contract will have to be concluded with one of his parents, and if there are none, with a guardian.
If this is light work that will not harm the health of a growing organism, the minimum age limit for an applicant to enter into a contract is 14 years. But to receive it, you must obtain the consent of the parents (or persons replacing them), as well as the guardianship authority.
Without the above permits, you can apply for a job only from the age of 15.
In other cases, employees cannot be under 16 years of age.

Work activities should not interfere with education. Therefore, it is worth making sure that the teenager will go to work in his free time.