Work of minors under the Labor Code: features, nuances

There are cases when the manager and the HR department are faced with the task of drawing up an employment contract with a candidate who has not yet reached 18 years of age. Most often, this category of citizens is hired for a certain period of time or seasonal work that does not represent hard work, with a limited time of employment per day. Children's rights are protected by the state: their interests are defended by both parents and guardianship authorities, and, if necessary, the courts are involved.

Contracts with employees are drawn up taking into account the norms of the Labor Code, and for non-compliance with them, the organization risks receiving administrative penalties or criminal sanctions. The legal relationship of a company with an employee under 18 years of age is regulated by Chapter 42 of the Labor Code.

Hiring minor workers under the Labor Code

Legislative requirements for the work activities of minors are described in Articles 265-272 (Chapter 42) of the Labor Code. They define:

• a list of professions and jobs where it is prohibited to employ children;
• the need and rules for undergoing a medical examination during employment;
• procedure for using annual paid leave;
• involvement in work beyond regular working hours, on holidays and weekends, assignments on business trips;
• provision of additional social guarantees;
• production standards for a child;
• remuneration mechanism;
• other nuances that must be taken into account when registering children for work.

ATTENTION! A working relationship between a company and a minor is permissible only after he reaches a certain age (depending on the profession) and with the consent of the mother or father, who are the legal representatives.

In the absence of a parent, the role of the responsible person can be performed by a guardian or trustee, and if they are not appointed, then by representatives of the guardianship service.

Temporary restrictions on work

If the standard conditions for an employee are focused on a 40-hour working week, then for children the working hours are slightly different. Working hours depend on age.

Working hours of a minor employee:

1. 7 hours a day or 35 hours a week - for a teenager over 16 years old who is not attending an educational institution.
2. No more than 4 hours a day if a child over 16 years of age has student status.
3. Up to 5 hours a day, but no more than 24 hours a week - for a child under 16 years of age.
4. Working hours are reduced to 2.5 hours a day or 12 hours a week if a teenager under 16 continues to study.

The employer is obliged to know the time that the child can devote to work. If you have any doubts, you can be guided by the requirements specified in Art. No. 92 Labor Code of the Russian Federation.

Sometimes special conditions cannot be met due to the child's area of ​​employment. This has to do with creative direction, when a troupe, group or other composition is sent on tours, competitions or other events that last longer. A minor worker must be provided with additional rest so as not to harm his health, both physical and moral. Often on such trips, the child is accompanied by parents or guardians who monitor working hours, or such responsibility is assigned to the manager or teacher.

A minor worker must be provided with additional rest so as not to harm his health, both physical and moral.

At what age can a minor be hired?

In accordance with Article 63 of the Labor Code, children can conclude an employment agreement only after reaching 16 years of age, but the legislation also provides for other situations that require individual consideration. For example:

• If a child is already 15 years old and has completed general education (9 years of school), he may be allowed to work under conditions that involve light work that does not pose a danger to his mental state and physical health.
• It is permissible to sign a contract with a fifteen-year-old in the absence of general education, only if the working conditions are easy and do not affect the learning process.
• Children who are 14 years old can start working, but only after finishing 9th grade. If there is no general education yet, but work responsibilities will not interfere with studies, then for employment it is necessary to obtain the written consent of the mother or father, and in their absence, the guardian or trustee.
• Children under 14 years of age have the right to sign a fixed-term contract (during the absence of a permanent employee), but only in organizations in the arts (concerts, performances, cinema, circus), with the intention of creating and presenting works, if it does not harm the development of aesthetic taste and moral state.

When drawing up a contract, both parties acquire rights and obligations for which they are responsible as subjects of legal relations working to implement a common task, be it the performance of work or the provision of services.

Age

Article 63 allows for the conclusion of an employment contract with a person under 18 years of age, subject to certain conditions.

The work of minors who combine it with receiving school or vocational education should not come at the expense of mastering the program.

Sample employment contract with a minor

If the above conditions are met, the rest of the contract execution will not differ from a similar procedure with other employees. It must contain the following information:

• place and date of registration;
• the full name of the organization and personal information of the applicant for the position, as well as his mother or father;
• general provisions: address of the enterprise, circumstances of work, date of entry into force and end;
• rights and obligations of employees and managers;
• mode and schedule of work and rest;
• payment of wages;
• liability of the employer and employee for violation of the terms of the contract;
• the possibility of terminating the contract and changing its provisions;
• signatures of the parties.

This is necessary to protect the interests of a person who has been infringed under certain circumstances (this can be either an employee or a manager), because the perpetrator is obliged to bear responsibility for violation of the law and this agreement.

A sample employment contract with a minor employee is available.

Employment contract

Based on the fact that you decide to hire an employee who belongs to the preferential category of employees, the contract must be drawn up in accordance with state regulations.

An employer does not have the right to hire a child without obtaining the consent of the parents or guardians. Therefore, they must be present when preparing documents.

An employer does not have the right to hire a child without obtaining the consent of the parents or guardians.

The contract cannot be concluded unless permission to work for the minor is granted from the guardianship and trusteeship authorities. You can request this form from the guardianship authorities, and the child’s parents can also do this. An employment contract with a child from 14 to 18 years old can be drawn up on the basis of the consent of the parents and the board of trustees. Consent must be in writing.

If you often employ minors, you can prepare a standard form for such consent. Usually it is written in free form, indicating the details of both parties and the child’s data.

Please note that the employment agreement for a minor employee is different from a standard employment agreement for an adult employee.

The employment agreement must indicate:

1. Working conditions provided by the employer.
2. The duration of working hours or schedule must be clearly defined and not coincide with the time the child attends educational institutions.
3. The child cannot be occupied after 22 hours. This violates the rights of minor workers and the curfew.
4. A specific clause can include parental consent to employment, if this is not issued on a separate form.
5. The right to vacation is prescribed, because children are the same workers and their right to vacation should not be infringed. The duration of vacation for any type of employment is 30 calendar days. A junior employee cannot be recalled from vacation.
6. There is no financial liability for a minor employee. This clause is excluded from the contract.
7. There is no probationary period.

An employer cannot force a child to be held accountable unless the fact of intentional damage to property due to alcohol, narcotic, or psychotropic intoxication is proven.

An employer cannot force a child to be held accountable unless the fact of intentional damage to property due to alcohol, narcotic, or psychotropic intoxication is proven.

The agreement must be signed by all parties: the employer, parents, a representative from the guardianship and trusteeship authority and the child. You can see a sample employment contract here.

Children earn money not only from the age of 14, but also earlier. Article No. 63 of the Labor Code provides for this fact, but establishes certain restrictions. The main condition of the contract for children under 14 years of age: it can only be signed in the field of creative activities. This could be a theater, cinema, advertising company, etc. But a child cannot work there as a cleaner or assistant, he can only be involved in the process itself as a hero or performer.

When a child is employed, in addition to the contract, a work book is also filled out. Its acquisition is carried out at the expense of the employer. The design must meet all requirements. Filling out is carried out by an employee of the HR department after issuing an order to hire a child.

As you can see, the step-by-step procedure for hiring a minor employee is similar to the standard situation. It is only necessary to take into account the child’s benefits and voice them in the contract.

The contract can be fixed-term or indefinite. It is more profitable for you, as an employer, to draw up a fixed-term contract in order to avoid problems when conditions arise for terminating the relationship.

Situations are different. Based on the fact that the regulation of children’s labor is quite serious, the employer has the right to terminate a contract with a minor on his own initiative only on the basis of a decision of the labor inspectorate and the commission for minors (Article 269 of the Labor Code).

The employer has the right to terminate an employment contract with a minor employee on his own initiative only on the basis of a decision of the labor inspectorate and the commission for minors.

Work where minors are prohibited

It is prohibited to employ minors in vacancies with harmful and dangerous working conditions.

Art. 265 of the Labor Code of the Russian Federation prohibits accepting minors for vacancies with harmful and dangerous working conditions, which may negatively affect the physical health and moral development of the employee.

A more precise list of positions and areas of activity is contained in Government Decree No. 163 of February 25, 2000:

1. Work in which it is necessary to regularly lift or move heavy loads in excess of the norm recommended by the Ministry of Labor in Resolution No. 7 of 04/07/1999. An exception is made for athletes when preparing for and participating in competitions, but only after a medical examination.
2. Mining, underground or extractive work.
3. Ferrous and non-ferrous metallurgy.
4. Energy economy.
5. Extraction and processing of peat and oil, petrochemical production.
6. Microbiological or chemical production.
7. Work related to the production, sale and transportation of alcohol, tobacco products and toxins.
8. Gambling business, as well as work in entertainment establishments that are open at night and sell alcohol (clubs, restaurants).
9. Activities in religious organizations.
10. Part-time work.

Experts do not recommend hiring minors for positions related to storing and receiving money and valuables, for example, as a cashier. Employees under 18 years of age cannot enter into agreements on full financial liability.

Types of benefits for minors

The age of the minor plays a big role. If he is between 16 and 18, he can work in enterprises in the country. Teenagers from 14 to 16 years old are also allowed to work, but only light work is allowed. The work activity of young people under 14 years of age is also not prohibited. However, only cultural institutions can enter into contracts with them:

• circuses;
• theaters;
• film organizations;
• companies organizing concerts, etc.

Benefits for youth are aimed at preserving the psychological, moral and physical health of the younger generation. The following types of concessions are provided:

1. Reduced production rate.
2. Relaxations of a “probationary” and “dismissal” nature.
3. Benefits when going on vacation.
4. The right not to recycle.
5. The right not to work at night.
6. Reduced loads.
7. Benefits based on working hours.

The starting point for providing labor benefits to minors is the norms provided for the adult population of the country.

Documents for hiring

Regardless of the age of the applicant, when applying for a job, he must provide:

• ID card (passport from 14 years old, birth certificate);
• work book (if any);
• SNILS (if any);
• certificate or diploma of education, certificate of qualification, acquisition of professional skills, certificate from school or other educational institution, etc.;
• medical report.