Methodological recommendations for the employment of minors aged 14 to 18 years in their free time from school

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.

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 :

1. For workers aged 15 to 16 years - 5 hours.

1. For workers aged 16 to 18 years – 7 hours.

1. 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.

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:

1. If it’s a movie, theater or circus, then even a small child is accepted. 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.
2. 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) and the guardianship authority.
3. Without the above permits, registration for work occurs from the age of 15, and activities at work should not interfere with education. It is worth making sure that the teenager starts work in his free time.
4. In other cases, employees cannot be under 16 years of age.

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.

Parental consent form

Parental approval must be provided in writing. It happens that a child simply brought an adult to the employer. The parties verbally agree that they are not against concluding an employment contract with persons under 18 years of age and part-time employment of the child. But this is not enough: you must provide written consent and attach it to your personal file.

The text of the document should indicate the passport details of the mother or father. This will confirm that the permission is being given by a person who has the right to do so. To ensure maximum compliance, it is worth indicating that the parent gives approval for:

• the work of a son or daughter in this company;
• specific occupation;
• a certain period of activity.

Parent's consent to employ a minor

Additionally, if desired, attach a photocopy of the page of the passport where the child’s name is written (read about the dangers of storing copies of passports below).

Note to the personnel officer: after the issue has been resolved, it is recommended that the photocopy of the passport be removed from the file and destroyed, since storing copies of passports is a reason for the State Tax Inspectorate to issue a fine.

We wrote more about this in the article “50 thousand fine for a copy of a passport in a personal file.”

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.

List of documents

When applying for a job and preparing to conclude a contract, a citizen under 18 years of age provides the HR department with a package of documents that differs from what is provided for adults. First of all, it lacks a document confirming qualifications.

In addition to the passport and SNILS, the teenager brings:

• permission from parents and guardianship authority (if he is under 15 years old);
• certificate in form 086/у confirming the absence of medical contraindications;
• a certificate from school or college about the mode of study.

If the minor has completed any courses confirming that he has special knowledge and skills, diplomas or certificates are attached. For the first time since 2021, those seeking employment will receive an electronic work book. If a potential employee does not have a SNILS number, the responsibility for obtaining it rests with the employer. According to Resolution of the Board of the Pension Fund of the Russian Federation No. 335p dated June 13, 2019, confirmation of registration in the individual personalized accounting system is a notification in the form of an electronic document. A military registration document is provided if, at the time of concluding an employment contract, a minor is required to register with the military.