How the capital's family centers help teenagers find work

What kind of work can a minor and underage employee be hired for?

According to the Civil Code of the Russian Federation, all adolescents are divided into two categories:

• Young employees – under the age of 14 years. They are allowed to be employed in theaters, cinema, circuses, concerts and sports. If a 13-year-old teenager is hired for a job of a different nature, for example, as a promoter or courier, then the employer will face a fine.
• Minors – from 14 to 18 years old. Such teenagers cannot be employed in difficult and harmful types of work (the full list is specified in Decree of the Government of the Russian Federation of February 25, 2000 No. 163) and in work that harms moral development in accordance with Art. 265 of the Labor Code of the Russian Federation (sale of alcohol and tobacco products, etc.).

Restrictions on the mode and nature of work of minors

Minors cannot:

• combine several positions;
• work on a rotational basis;
• work overtime;
• work at night.

How to conclude an employment contract with a minor?

An employment contract with a minor citizen who has turned 16 years old can be concluded in accordance with the general procedure .

Employment of minors under 16 years of age is possible under additional conditions.

A 15-year-old employee can be employed if:

• he has secondary education or is currently studying at an educational institution;
• his work function is light work and will not cause harm to his life and health;
• he will work in his free time from studying and without compromising the development of the curriculum.

To conclude an employment contract with a 14-year-old employee, the employer must additionally obtain the written consent of one of the parents (guardian) and the guardianship authorities.

Note! If the second parent is against employment, then the opinion of the teenager and the guardianship authority must be taken into account.

A child employee 13 years of age or younger may be employed if:

• he will work exclusively in the creative field, without harming the physical and moral health of the teenager;
• the employer has the written consent of one of the parents;
• permission has been received from the guardianship authorities with a list of conditions under which the teenager can work.

Useful video

Look at the expert's opinion on the conditions under which it is possible to employ minors:

The Labor Code guarantees the right to work for minors, and the conditions of their employment and work must comply with the provisions of the law.
The main legal principles in the employment of minors are the priority of quality education, physical and moral development, as well as the prevention of harmful and dangerous working conditions. In contact with

What documents are needed to employ a minor?

• Identity: passport or birth certificate, for candidates under 14 years of age.
• A document confirming registration in SNILS.
• Military registration documents, for boys over 17 years old;
• Education documents or documents from the educational institution where the teenager is studying.
• Certificate of mandatory medical examination (form 086-U).
• Written consent of parents and guardianship authorities (for candidates under 15 years of age).

The form of written consent of one of the parents (guardian) for the employment of a teenager 14 years of age or younger is arbitrary. Therefore, most often consent is submitted to the employer in the form of an application from the parents.

An example of written parental consent for the employment of a minor teenager

Registration according to the law

• Probationary period when concluding a fixed-term employment contract

When planning to hire a young employee under 18 years of age, the enterprise administration is obliged to take into account the special status of the employee. For example, Article 70 of the Labor Code of the Russian Federation prohibits the use of a probationary period - there should not be such a clause in the signed employment contract.

The reasons for recognizing the illegality of the test are due to:

• the lack of any qualifications and skills that could be tested during this period;
• the danger of exerting psychological stress;
• a short period of temporary employment, because often the work involves the employment of teenagers in the summer, which makes the test impractical.

In addition, on the eve of registration, the teenager must obtain written consent for the minor to work from his parents, a sample of which can be downloaded below, or obtained from the HR department of the enterprise. Additionally, guardianship permission is obtained if the child has not reached the age of 16.

Download Consent to work for a minor from parents (30.5 KiB, 294 hits)

• Employment under a contract without a work book

In turn, employees of the supervisory authority consider the appeal of the legal representatives of the minor, studying the nature of the work, duration and compliance with the requirements for working conditions.

The step-by-step procedure for registering a child differs little from standard employment:

1. Submission of documents and applications.
2. Issuance of an order with subsequent review.
3. Signing an employment contract (if necessary, with the involvement of the child’s parents or adult representatives).
4. Making an entry in the labor or primary establishment of the document.

When determining the conditions for employment, based on specific circumstances, at what age can you work in a given situation,

Documentation

The package of documentation provided for registration at the enterprise differs from the list that is taken from an adult employee.

According to the law (Article 65 of the labor legislation), a teenager brings:

1. Personal identification document (passport, birth certificate).
2. A certificate from school, college, or other educational institution, and upon graduation - a diploma.
3. If a child is employed during the school year, bring a certificate with the schedule of classes.
4. Consent of parents and guardianship authorities (issued in writing in advance).

• What documents are needed for employment?

The work record book, due to the lack of work experience, is drawn up upon initial hiring, which means it is the responsibility of the employer. Since the insurance certificate, on the basis of Article 7 of Law No. 27-FZ, is issued by the insurer, it is not provided upon first employment.

Military registration documents are provided only upon reaching a certain age. Since the beginning of military registration falls on the 17th birthday, a document on military registration will also not be required when registering a teenager.

From 14 years old

Due to his too young age, a 14-year-old child is hired to work exclusively for light labor. Frequent cases of employment of schoolchildren are their involvement in theatrical or cinematic activities, participation in productions, concerts, and circus performances.

A feature of official registration at this age is the need for the child’s legal representative to participate in signing the employment contract. The permission received from the guardianship authorities establishes the teenager’s maximum workload and mandatory work parameters.

An important condition is the absence of obstacles to full-fledged study and dangers to the health of the teenager.

From 16 years old

After the 16th birthday, the issue of employment is resolved more easily, since additional approval from supervisory authorities is no longer required. The length of working hours and the degree of workload at which one can work at 16 years old expands earning opportunities. Depending on whether the minor is studying, his working day reaches 4-7 hours. At this age, work activity is considered as part-time work during the period free from study, or as the beginning of a full-time work activity.

Other features on employment of teenagers

Medical examinations of minors and minors are carried out at the expense of the employer. When employed, a teenager undergoes a preliminary medical examination. Next, the procedure is repeated annually (Article 266 of the Labor Code of the Russian Federation), otherwise the individual entrepreneur will pay a fine of up to 25,000 rubles, and the LLC – up to 130,000 rubles. (Part 3 of Article 5.27.1 of the Administrative Code).

Teenagers under 18 years of age are prohibited from establishing a probationary period (Part 4 of Article 70 of the Labor Code of the Russian Federation). Alternatively, to test the skills of a minor employee, you can conclude a fixed-term employment contract with him. But it can be concluded for temporary work for up to 2 months, for seasonal work and to replace an employee who is on maternity leave (Article 59 of the Labor Code).

The amount of wages for minors and minors is also regulated by law:

• A teenager's salary cannot be less than the minimum wage.
• The salary of a teenager in a position should be the same as that of an adult employee in the same position (Article 22 of the Labor Code of the Russian Federation). The salary will be less because the teenager works fewer standard hours.

Read how to calculate wages and calculate taxes and contributions here >>>

How many hours a day can a minor work?

Minor employees may work shorter working hours. Its duration depends on the age of the teenager and whether he is studying at the same time.

As for the length of the working week, it is also limited (Article 92 of the Labor Code of the Russian Federation).

Leave for a minor employee

According to Art. 267 of the Labor Code of the Russian Federation, the leave of a minor employee is 31 days. A teenager has the right to go on vacation at a time convenient for him, for the full term, and there is absolutely no need to work for 6 months for this.

The employer is prohibited from:

• Call the teenager back from vacation.
• Carry over unused vacation to the next year.
• Pay compensation for unused vacation.

Financial liability of a minor and minor employee to the employer

Teenagers do not bear financial liability to employers (Article 244 of the Labor Code of the Russian Federation). That is, in the event of damage caused by negligence, its cost cannot be deducted from the employee’s salary.

Teenagers bear financial responsibility in the cases specified in Art. 242 Labor Code of the Russian Federation:

• Intentional damage.
• Causing damage while intoxicated.
• Administrative violation.
• Commission of crime.

Termination of an agreement

The dismissal of an employee under 18 years of age occurs in accordance with the general procedure, except in cases where the decision to dismiss is made by the employer. To dismiss a minor, the consent of the following services is required, in accordance with Art. 269 ​​Labor Code of the Russian Federation:

• labor inspection;
• commission for children's affairs.

To organize the dismissal process, the HR department employee should send a request to the relevant services. After receiving permission, a dismissal order is issued; work for 2 weeks is permissible only with the appropriate decision of the labor inspectorate.

Law No. 159 “On the support of orphans” provides additional guarantees to minor workers left without parents.

According to paragraph 6 of Article 9 of Law No. 159, if the dismissal of minor orphans occurs due to the bankruptcy or liquidation of the company, then the company management must pay for the training of the dismissed employee in a new profession at its own expense and employ him in the acquired specialty.

How to apply for a job for a minor, step-by-step instructions

Step 1. Check the presence of all documents

A list of all documents is provided in the section above: “What documents are needed to employ a minor?” .

Step 2. Check that there are no restrictions on the teenager’s employment

The main conditions for employment are:

• The teenager has a general education or is at the stage of receiving it.
• The work performed is characterized as light work.
• The employee will perform his or her job duties in his free time from studying.

For more details, see the section above: “What kind of work can a minor be hired for?”

Step 3. Send for a medical examination

Employment of a teenager on a permanent basis or under a fixed-term employment contract must be accompanied by a preliminary medical examination.

An exception is labor relations under a civil contract, which can be concluded with minor workers aged 14 to 18 years. In this case, a medical examination is not needed, but it is impossible to extend the employment relationship under the GPA; otherwise, the employer faces administrative liability (Article 19.1 of the Labor Code, Part 4 of Article 5.27 of the Administrative Code).

Step 4. Familiarize the candidate with the job description and local regulations

According to current legislation, all candidates for a position must familiarize themselves with a package of regulatory documents that are relevant to their work activities, against signature. This must be done before signing the employment contract.

Step 5. Create and conclude an employment contract

Include in the employment contract with a minor or minor employee all the necessary conditions and guarantees that are provided for in the legislation of the Russian Federation.

Recommendations are described in the sections above: “How to conclude an employment contract with a minor?” and “Other features on the employment of teenagers” .

Step 6. Issue a hiring order

An order to hire a minor or minor employee is drawn up on the basis of a previously signed employment contract. To do this, you can use a unified form or a self-approved form. The newly hired employee must read the order and sign it.

Order an online application for employment of a minor >>>