Dismissing any person is a complex process that must be carried out taking into account legal requirements. If the head of a company employs a minor citizen, then the process of his forced dismissal is carried out in the same way as for another specialist. For this purpose, the norms of Art. 269 TK. To prevent litigation or other negative consequences of illegal dismissal, it is important to correctly follow the contract termination procedure.
Independent dismissal of a minor employee
In Russia, the work of minors is allowed, so managers of various companies can officially employ citizens under 18 years of age . But at the same time, some restrictions related to their activities are taken into account. The basic rules include:
- according to Art. 265 of the Labor Code is prohibited from hiring teenagers to work under harmful or dangerous conditions , and the list of such industries is approved by PP No. 63;
- Before signing an employment contract, written consent is requested from parents ;
- the health status of the teenager is checked, since the presence of any medical contraindications for work is not allowed;
- the selected position requires an appropriate level of education ;
- sometimes, in order to employ citizens from 14 to 16 years old, it is necessary to obtain permission from representatives of the guardianship authorities ;
- teenagers are prohibited being employed at night or on weekends , or sent on business trips;
- Part-time work is not allowed , and an exceptionally low production rate and a light work schedule are offered;
- for teenagers, the duration of annual leave is 31 days ;
- Every year, minor workers undergo a medical examination at the employer's expense .
Reference! Employees under 18 years of age receive numerous employment benefits compared to other employees.
The same applies to dismissal, since if the initiator of the process is the employer, then the commission on minors’ affairs has to be involved, as well as the labor inspectorate must be notified about the decision. If an employee wishes to resign on his own , then he only needs to write a statement. With this method of terminating the contract, the employer does not have to notify the labor inspectorate of the termination of cooperation, although he is obliged to notify the commission.
Therefore, the dismissal of a minor is carried out through successive stages:
- the teenager draws up a free-form statement , and it is possible not to indicate the reasons for making such a decision;
- the text indicates the date of termination of cooperation;
- the employee will have to work a standard two-week period , but this is not required if the teenager is called to study ;
- the head of the company signs the application and also issues a dismissal order, and the resigning citizen gets acquainted with this document against signature ;
- full payment is made on the last day of work, and the minor employee receives the required documents.
Important! Since the minor is dismissed at his own request, there is no need to involve representatives of the guardianship authorities.
Subtleties of dismissal: how to quit without working for 2 weeks
On the employee’s last working day, the boss is obliged to pay him, that is, pay his salary, vacation pay or compensation, if any. If this does not happen and the boss delays payments, then for all days of delay he must pay an amount equal to the employee’s average daily salary. The last working day is considered the last day of vacation taken after writing a letter of resignation from the position. Therefore, under such circumstances, all calculations are carried out on the last day of vacation.
There are cases when an employee may not work, but they are quite arbitrary. For example, people often find out about retirement or moving in advance, which means you can warn your boss some time before leaving so that he has time to take action and find a replacement for you, as well as prepare documents and calculations. The official reasons for dismissal without two weeks of work are:
The nuances of forced termination of a contract
If the initiator of dismissal is the employer, then there must be good reasons for this. They are listed in Art. 81 TK. Valid reasons include:
- liquidation of a company or closure of an individual entrepreneur;
- reduction of the company's staff;
- the young employee is not suitable for the position based on medical indicators or certification results;
- the former employee of the enterprise is reinstated;
- absenteeism or committing another serious disciplinary offense;
- the teenager came to the workplace in a state of intoxication;
- violation of labor protection requirements , which led to serious consequences;
- providing false information during employment ;
- use of false educational documents .
Attention! If the dismissal of a minor employee is associated with a serious misconduct, then it must be officially recorded, for which an act signed by two witnesses is drawn up, and if alcohol intoxication is detected, a medical examination is carried out.
If a young worker commits a theft or theft , then the police and inspect the scene.
If a company closes , it is important to notify all employees . In this case, there is no need to notify the labor inspectorate and the commission for minors about the planned procedure . If reduction , and a minor employee is selected for these purposes, then the above organizations be informed . Each specialist is notified of layoffs 2 months before termination of the contract. Vacant positions are offered subject to availability.
When dismissing a minor employee at the initiative of the employer, permission must be obtained from the commission for minors and the labor inspectorate. only exception the liquidation of the company. An appeal from an employer is examined by representatives of the above authorities, as they must make sure that the rights of the teenager are not violated, as specified in Art. 11 Federal Law No. 120 . They draw up an official conclusion confirming the legality of the dismissal.
In the absence of consent
If the employer has not submitted a request to the labor inspectorate and the commission for minors, then this becomes the basis for declaring the dismissal illegal . It is impossible to forcibly terminate a contract with a teenager if the commission makes a negative decision. Therefore, the employer will have to reinstate the employee in his position by paying him financial compensation , which depends on the downtime. Through the court, a teenager can even request moral compensation, the calculation of which takes into account the provisions of Art. 394 TK.
Reference! If the commission makes a negative decision, then the head of the company can challenge it in court, taking into account the provisions of PP No. 788. If a teenager, while working, became a member of a trade union organization, then under Art. 81 and 373 of the Labor Code, the head of the company will additionally have to obtain consent from representatives of this collective body.
Features for orphans
For children who are left without parental care, special guarantees on the basis of the Labor Code. If a company closes or downsizes , the head of the company must, at his own expense, send an orphan teenager for retraining with subsequent employment . This requirement is contained in paragraph 6 of Art. 9 Federal Law No. 159 .
Because of such difficulties, many enterprise managers refuse to employ minors.
How to quit without working time if you have a child under 14 years old in 2020
If we are talking about a disabled person, this fact must be indicated in the application and a copy of the document confirming the disability must be provided. If there is the wording “Dismissed (dismissed) of one’s own free will due to the need to care for a disabled minor,” the person can subsequently take advantage of a number of benefits. In particular, receive benefits for the maintenance of a disabled child and for the purchase of necessary medications, and maintain continuity of work experience.
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A time period of 14 calendar days (starting from the date following the date of submission of the application) allows the head of the enterprise to find a candidate for the vacant position and correctly carry out all financial calculations.
Stages of contract termination
If the director of an enterprise has good grounds for the forced dismissal of minors, then in order to prevent negative consequences it is necessary to correctly follow the procedure for terminating the contract. Therefore, the following steps are implemented:
- any serious disciplinary offense correctly recorded ;
- a written request is generated and sent to the labor inspectorate and the commission for minors, and departments are selected for this at the employee’s place of residence;
- if the teenager is represented by a member of a trade union organization , then the corresponding request is sent to a representative of this body;
- after receiving consent from higher authorities, dismissal order
- The teenage employee gets acquainted with the order against signature
- the final calculation , for which the employee is paid the required funds, represented by salary, vacation compensation or other benefits that are provided for by the internal regulations of the organization;
- the necessary entry is made in the work book and personal card of the employee;
- a payslip is generated containing information about all charges and deductions, which complies with the requirements of Art. 136 TK;
- is issued about the average salary and other payments received by the citizen for 2 years of work;
- a 2-NDFL certificate is provided , as well as SZV-STAZH and calculation of insurance premiums.
The rules for filling out and issuing documents are the same for all employees, regardless of their age. The same applies to the rules for calculating wages and other benefits. Some companies' internal regulations provide for additional payments for minor employees. If the procedure is properly completed, this will allow you to avoid litigation or claims from the competent authorities.
Is it possible to quit without working?
There are indeed ways to quit without completing the required period of service. Moreover, this does not require breaking the law or being “cunning” in any way. Everything is not so complicated, read and remember, this publication will give a comprehensive answer to this, for some, not just an important, but an urgent question.
Applicants to educational institutions have the right to early termination of the work process. This fact must be confirmed by a certificate of admission issued by the university. People who have reached retirement age, as well as currently working pensioners and disabled people are allowed to resign without service.
