Performing labor functions provides an opportunity for minor citizens to gain the necessary skills and necessary life experience, try their hand at it and feel what self-earned money is like.
To educate worthy members of society, it is especially important to involve minors in the sphere of labor relations.
Despite this, employers are in no hurry to enter into employment relationships with minors, since their employment entails certain difficulties.
That is why minors aged 14 to 18 years belong to the category of persons in particular need of social protection and experiencing difficulties in finding work (clause 2 of article 5 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”). Federation").
According to paragraph 1 of Article 13 of Law No. 1032-1, the state provides additional guarantees for minor citizens:
- develops and implements employment promotion programs,
- creates additional jobs,
- establishes quotas for hiring minor workers,
- organizes training according to special programs,
- and so on.
In accordance with the provisions of Article 63 of the Labor Code of the Russian Federation, in general, the conclusion of an employment contract is allowed with persons who have reached the age of 16 years.
In addition, in cases:
- obtaining general education,
- or continuing to master the basic general education program of general education in a form of education other than full-time,
- or leaving a general education institution in accordance with federal law,
An employment contract can be concluded by persons who have reached the age of 15 to perform light work that does not cause harm to their health.
Also, with the consent of one of the parents (guardian) and the guardianship authority , an employment contract can be concluded with a student who has reached the age of 14 to perform light labor in his free time that does not cause harm to his health and does not disrupt the learning process .
With the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, it is allowed to conclude an employment contract with persons under the age of 14 to participate in the performance of works without harm to health and moral development:
- in cinematography organizations,
- theaters,
- theater and concert organizations,
- circuses
In this case, the employment contract on behalf of the employee is signed by his parent (guardian).
The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed. The norms of labor legislation regulating the work of minor workers and aimed at protecting the physical and moral health of minors set many employers against concluding an employment contract with such persons.
In this regard, companies prefer to conclude not an employment contract, but a work contract (civil contract).
In our article we will consider issues related to the legislative regulation of labor relations with minors, as well as the procedure for concluding and terminating an employment contract and work contract with them.
Regulation of labor of minor employees
Chapter 42 of the Labor Code of the Russian Federation is devoted to the peculiarities of regulating the labor of workers under the age of 18.
The provisions of this chapter establish special conditions for minor employees. Let's take a closer look at them. In accordance with Article 265 of the Labor Code of the Russian Federation, the employment of persons under the age of 18 is prohibited:
- at work with harmful, dangerous working conditions,
- in underground work,
- at work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content).
It is also prohibited for workers under the age of 18 to carry or move heavy loads that exceed the maximum standards established for them*.
*These standards are established by the Decree of the Ministry of Labor of the Russian Federation dated 04/07/1999. No. 7
“On approval of the Standards for maximum permissible loads for persons under eighteen years of age when lifting and moving heavy objects manually.”
The list of jobs in which the employment of workers under the age of 18 is prohibited was approved by the Decree of the Government of the Russian Federation of February 25, 2000. No. 163.
In addition, minors are prohibited from:
- send on business trips,
- be required to work overtime, work at night, on weekends and non-working holidays*.
*Excluding creative workers:
- mass media,
- cinematography organizations,
- television and video crews,
- theaters,
- theater and concert organizations,
- circuses,
participating in the creation, performance, exhibition of works, in accordance with the lists of works, professions, positions of these workers, approved by Government Decree of April 28, 2007.
No. 252. According to Article 266 of the Labor Code of the Russian Federation, persons under the age of 18 are hired only after a preliminary compulsory medical examination and subsequently, until they reach the age of 18, annual compulsory medical examination (the employer must pay for these examinations).
Annual basic paid leave for employees under the age of 18 is granted for a duration of 31 calendar days (in general, leaves are provided for 28 calendar days) at a time convenient for them.
According to Article 244 of the Labor Code of the Russian Federation, written agreements on full individual or collective (team) financial liability, that is, on compensation to the employer for damage caused in full for the shortage of property entrusted to employees, can be concluded with employees who have reached the age of 18 years.
Accordingly, it is impossible to conclude an agreement on full financial liability with a minor employee.
In accordance with Article 242 of the Labor Code of the Russian Federation, employees under the age of 18 bear full financial responsibility only in exceptional cases :
- intentional infliction of damage,
- for damage caused while under the influence of alcohol, drugs or other toxic intoxication,
- for damage caused as a result of a crime or administrative violation.
Subject of the employment contract
1.1. The Employer instructs, and the Employee assumes, the performance of labor duties in the position of [fill in as appropriate].
1.2. The employee must begin work on [day, month, year].
1.3. Place of work is [insert address].
1.4. The employment contract was concluded for [period].
1.5. In accordance with Art. 70 of the Labor Code of the Russian Federation An employee is hired without a probationary period.
1.6. Work for the Employer is for the Employee [fill in as appropriate].
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Work time
Based on Article 92 of the Labor Code of the Russian Federation, reduced working hours are established for minor employees*:
- for workers under 16 years of age - no more than 24 hours a week;
- for workers aged 16 to 18 years - no more than 35 hours per week;
The length of working time for students of educational institutions under the age of 18 working during the academic year in their free time from school cannot exceed half of the above norms.
*Reduced working hours mean reduced working hours compared to normal (normal working hours cannot exceed 40 hours per week in accordance with Article 91 of the Labor Code of the Russian Federation).
In accordance with the provisions of Article 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) cannot exceed :
- For workers aged 15 to 16 years - 5 hours.
- For workers aged 16 to 18 years – 7 hours.
- For students:
- educational institutions,
- educational institutions of primary and secondary vocational education,
those combining study and work during the academic year, from 14 to 16 years old - 2.5 hours, from 16 to 18 years old - 4 hours.
For minor workers in creative professions*, the duration of daily work can be established:
- collective agreement,
- local regulations,
- employment contract.
*In accordance with the lists of jobs, professions, positions of these workers, approved by Government Decree of April 28, 2007. No. 252.
Specifics of the functions performed
The Labor Code of the Russian Federation establishes a number of restrictions on the use of minors. First of all, the length of the working day is limited:
- teenagers over fourteen years old, but under the age of 15 years, the employer can involve in work only for two and a half hours daily, or a total of 12.5 hours per week;
- teenagers from 15 to 16 years old work no more than 24 hours weekly or five hours every day with a five-day working week;
- boys and girls aged 16-18 cannot work more than seven hours daily, for a total of 35 hours per week.
The administration must provide minors of all age categories with two days off per week.
Many enterprises and companies of various forms of ownership, especially in construction or manufacturing, work in two and sometimes three shifts with floating days off for employees. In such cases, the head of the enterprise is obliged to agree with the minor employee on the schedule of his working days and days off, while the total working time should not exceed the limits given in the list above.
Involving a minor employee to participate by proxy from the company in any commercial transactions is unacceptable. In the event of a violation of this legislative provision and damage to a legal entity as a result of the wrong actions of a minor, the latter cannot be held accountable due to his incomplete legal capacity.
Remuneration schedules for young employees must be strictly observed, and bonuses must be paid on a general basis. They are granted vacations at the rate of 31 days for eleven months worked, plus holidays if they fall within the vacation period.
The law imposes strict requirements on the employer regarding the involvement of minors in certain types of work:
- heavy, dangerous or harmful work, including underground or water;
- to work in gambling and entertainment night establishments;
- to work in distilleries, tobacco factories, in the production of narcotic drugs and toxic substances and other particularly hazardous industries.
Remuneration for minor employees
Remuneration for workers under the age of eighteen with a reduced duration of daily work is carried out in accordance with the provisions of Article 271 of the Labor Code of the Russian Federation.
With time-based wages, wages for employees under 18 years of age are paid taking into account the reduced duration of work.
At the same time, the employer may, but is not obligated to, make additional payments to them up to the level of wages of employees of the corresponding categories for the full duration of daily work at their own expense.
The work of workers under the age of 18 who are admitted to piecework is paid at established piecework rates.
The employer can set them, at their own expense, an additional payment up to the tariff rate for the time by which the duration of their daily work is reduced.
Remuneration for workers under 18 years of age studying:
- in educational institutions,
- educational institutions of primary, secondary and higher vocational education,
working in their free time from study, is made in proportion to the time worked or depending on output.
The employer can provide these employees with additional wages at their own expense.
At the same time, there is no need to pay additional wages to minor employees up to the minimum wage, since in accordance with Article 133 of the Labor Code of the Russian Federation, an employee’s monthly salary cannot be lower than the minimum wage only if this employee has fully worked the standard working hours during this period.
Thus, if an employee works part-time, the legislation does not guarantee that the employee’s monthly salary will not be lower than the minimum wage, since in this case payment is made in proportion to the time worked or depending on output.
Terms of payment
5.1. The Employee's salary consists of [amount] rubles per month.
5.2. Salaries are paid twice a month: advance payment (proportional to time worked) - no later than [day of the month] and the remainder no later than [date of the month].
5.3. If the Employee conscientiously performs his duties, he is paid an additional monthly bonus in the amount determined by the Employer at its discretion.
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Termination of an employment contract with a minor employee
According to Article 269 of the Labor Code of the Russian Federation, employees under the age of 18 upon termination of an employment contract are provided with additional guarantees.
Termination of an employment contract with employees under the age of 18 at the initiative of the employer * in addition to compliance with the general procedure is allowed only with the consent of the relevant state labor inspectorate and the commission for the affairs of minors and the protection of their rights.
*Except in case of liquidation of an organization or termination of the activities of an individual entrepreneur.
In addition, according to paragraph 6 of Article 9 of the Federal Law of December 21, 1996. No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care”, employees:
- orphans,
- children left without parental care,
released from organizations due to their liquidation, reduction of staff or staff, employers (their legal successors) are obliged to provide, at their own expense, the necessary vocational training with their subsequent employment in this or another organization.
Time of work and rest
One of the main points of the document is the time of work and rest. The length of the day varies for different age groups of minors:
- 14-15: no more than 2.5 hours a day
- 15-16: no more than 5 hours a day
- 16-18: up to 7 hours a day
For people under 18 years of age, the entrepreneur is obliged to provide leave once a year at the expense of the organization, which cannot be replaced by compensation and cannot be transferred to the next year.
Management agreement with minors (14 - 18 years old)
A child is considered a person under 18 years of age. From birth to 14 years of age, a child is considered a minor, from 14 to 18 years of age - simply a minor.
Civil legislation associates the concepts of “minor” and “minor” with a child having a certain set of rights and responsibilities. Until the age of 14, a person is considered incompetent and legal representatives act on his behalf; at the age of 14, partial legal capacity occurs (the child can make small transactions, he has the right to dispose of personal funds), from the age of 18 - full legal capacity.
The specifics of concluding a management agreement with minors and young citizens are different, so we will analyze both options in order.
According to family law, parents are obliged to protect the rights of their minor children. They are their legal representatives and defend their interests in relations with any individuals and legal entities, including in courts, without special powers (Part 1 of Article 64 of the RF IC).
The law also provides for the right of minors (children from 14 to 18 years old) to make transactions, but only with the written consent of their legal representatives - parents, adoptive parents or trustees (Part 1 of Article 26 of the Civil Code of the Russian Federation). In this regard, children of this age can directly participate in voting at the OSS with the consent of their parents, adoptive parents or trustees.
When concluding a management agreement, the document indicates the full name. minor owners and full name. their legal representatives who sign for minors.
Please note that in order to sign a deed of agreement on behalf of a minor, legal representatives must provide justification. For the child’s parents, such justification will be the child’s birth certificate and their passport data. For adoptive parents - an adoption certificate, for guardians or trustees - documents issued by local authorities.
All this information is not required to be included in the deed of ownership; it only contains the data on the certificate of ownership and the transfer deed.
Signs of publicity of a management agreement are listed in this article
