Minor employee: rights, working hours, benefits, sample employment contract

Is it possible to take children to work?

The Labor Code of the Russian Federation does not prohibit hiring workers who are under 18 years of age.
But this does not apply to all types of activities. There are restrictions on working conditions for children, because the child must first learn and develop. If your company’s activities are included in the list of permitted activities, then you may well hire a minor employee. Working conditions for children are regulated by Ch. 42 of the Labor Code of the Russian Federation, requirements of SanPin 2.4.6.2553/09 and Decree of the Government of the Russian Federation No. 163 of 2000. Children of different ages can work. There are, of course, special instructions that a contract can only be concluded with a child who has reached the age of 16, but in practice, labor relations can arise earlier. Children can work in the entertainment industry: this could be cinema, theater, children's music or dance groups, a circus, and even advertising. The child receives not only pleasure and education, but also material rewards for participating in successful projects. Therefore, the employer should study information about when using minors is not a crime.

There are special instructions that a contract can only be concluded with a child who has reached the age of 16, but in practice, labor relations can arise earlier.

Sphere of employment for minors

The law allows the employment of children starting at age 14 (sometimes earlier), but not in all areas of activity. You can see the permitted areas of activity in Government Decree No. 163 of 2000. Working conditions for minors are regulated by Article 265 of the Labor Code of the Russian Federation.

You do not have the right to employ a child if:

The position involves working with the use of chemicals, as well as with hazards that threaten life and health.
The job involves loading and unloading goods and delivering products.
The position refers to service personnel: cleaner, janitor, nanny, waiter.
The workplace is located in networks related to the sale of alcohol and tobacco.
The field of activity poses a threat to the moral and psychological development of the child.
The establishment's opening hours start at 22:00.
Work involves travel, with the exception of sports and creative work.
This is a part-time activity.

These are the main categories where a child cannot work. Otherwise, the principles of regulating work with children should be taken into account.

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:

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

Commentary on Article 63 of the Labor Code of the Russian Federation:

1. In accordance with Part 1 of Article 63 of the Labor Code of the Russian Federation, citizens who have reached the age of 16 have the right to conclude employment contracts.

In cases directly provided for by the Labor Code, an employment contract can also be concluded with persons under 16 years of age. Thus, if a teenager left school in a general education institution or received basic general education before reaching 16 years of age, or continued to master the basic general education program in a form of education other than full-time, he has the right to enter into an employment contract upon reaching 15 years of age to perform light labor, not causing harm to his health.

How to formalize labor relations

To accept a minor employee into an organization, it is necessary to collect certain documents, namely:

Passport of the child, if he is 14 years old.
Birth certificate for those under 14 years of age.
Consent of parents and guardians to enter into an agreement.
Permission from the authorities that control the living conditions of children - guardianship authority, educational institution.
Medical certificate about the child’s health status.
Pension certificate.
Work book, if employment is not primary.
Documentation of professional skills, if available.

Not every situation requires the provision of all documents from the list. This must be taken into account depending on the circumstances, based on the age of the minor.

Sometimes a child graduates earlier than expected. This may be due to his talent (passing exams as an external student) or exclusion from a general education institution for poor academic performance and violation of discipline. Then the teenager can get a job in the morning or a 7-hour working day, because there is no need to go to school and prepare for lessons. A job applicant must additionally provide a certificate stating that he is not a student.

If a minor employee studies in the evening, part-time, or remotely, he must bring you a certificate from the place of study, this will be proof that you do not violate the statutory working hours.

Legal features of the procedure

Conclusion of an employment contract

When an employment agreement is concluded with an employee who has not worked before, the employer is obliged to fill out his work book. Also, personnel department employees or officials appointed in a special manner open an insurance certificate and send information for pension insurance to the newly hired employee.

The text of the official document contains mandatory clauses, but may also include additional information at the discretion of the employer. Responsibilities for drawing up and updating employment contracts lie with the lawyer or, if there is no such official, with the personnel department employees. Often the following information is included in the document:

the validity period of the contract, if it is urgent, or a note on the unlimited fulfillment of the agreed obligations;
requirements for the education, knowledge and skills of the future employee, if his workplace provides for a special nature of work;
the duties that the employee will perform at his workplace;
conditions for possible termination of the contract before the specified period.

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Before applying for a job, a young man must read the employment contract and put his signature, which will indicate that he has read and agrees with it. Without the signatures of both parties, the agreement cannot come into force and be considered legal. In addition, before registration, the employer’s representative introduces the new employee to the internal labor regulations, collective agreement, and local documents, which contain all the necessary information for his further work.

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:

Working conditions provided by the employer.
The duration of working hours or schedule must be clearly defined and not coincide with the time the child attends educational institutions.
The child cannot be occupied after 22 hours. This violates the rights of minor workers and the curfew.
A specific clause can include parental consent to employment, if this is not issued on a separate form.
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.
There is no financial liability for a minor employee. This clause is excluded from the contract.
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.

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.

Fixed-term contract with teenagers

Most employers prefer to enter into a fixed-term employment agreement. The reason for this is simple. There will be no problems when dismissing such an employee.

Thus, you can enter into a TD with a teenager under 18 years old for a month, and then extend it. To do this, simply indicate the type of contract “fixed-term” and indicate the period for which you are hiring the employee. With this approach to hiring, there will definitely be no problems.

Salary

Once a child is hired, he will receive a salary. Remuneration depends on the type and duration of employment. This criterion is determined individually. But there is also a nuance: a child, like any other employee, is protected by law, and monetary remuneration cannot be lower than the minimum wage (minimum wage).

For example, if the payment for one hour of work is set at 100 rubles, then a minor worker cannot receive a lower rate. If the enterprise has established standards, then for the child they should be calculated in proportion to his age and load criterion.

Let's say a small employee can work 2 hours a day. The cost of one hour is 100 rubles. For one shift he should be credited 200 rubles. Whereas an adult worker can be at the workplace for 8 hours and his shift will be closed in the amount of 800 rubles.

For good work, you can reward your minor employee with a bonus.

The issuance of money can correspond to an established schedule (advance and settlement) or be issued on a daily or weekly basis.

Once a child is hired under a contract, then contributions must be made for him to the Tax Service, the Pension Fund and the Social Insurance Fund on general terms.

Once a child is hired under a contract, then contributions must be made for him to the tax office, the Pension Fund and the Social Insurance Fund on general terms.

Based on the average earnings, the child is awarded a leave allowance, which must be provided at the request of the employee. An exception for this category of employees is the period when the employee can take advantage of a well-deserved rest. The first leave is granted regardless of whether the person has worked for 6 months or not. Funds are issued on a general basis.

The rights of minor workers also apply to the provision of medical services, i.e. the child has the right to sick leave and payment of appropriate benefits.

Let's sum it up

The legislation of the Russian Federation does not prohibit hiring minor applicants. But all the rights of the child must be respected. If you are a responsible employer, then be sure to conclude an agreement with the young employee and his representatives in accordance with all the rules of the Labor Code.

Before starting an employment relationship, do not forget to ask for a medical certificate about the applicant’s health status. If there are restrictions, they must be taken into account. The employer's obligation will include the cost of an annual medical examination of the child to ensure that there is no possibility of harm. Guardianship and trusteeship authorities use all means of protecting a minor worker from the outside, so be prepared for inspections.

If your institution has a vacant position suitable for a child, then do not be afraid to hire a minor. A child is the same employee who strives for his own well-being without violating the employer’s conditions. The main thing is to follow the principles of regulating the labor of minor workers and not exceed your authority. If you do everything according to the law, you will avoid problems with law enforcement agencies.

Employment conditions from 15 years of age

It is allowed to conclude an employment contract with persons over 15 years of age with the permission of one of the parents or guardian, as well as the guardianship and trusteeship authorities. At the same time, a teenager can be hired only to perform light labor, which is controlled by authorized bodies. The standard working hours per week for persons under the age at which an employment contract is concluded is no more than 23 hours.

Find out about employment under a GPC agreement in this article.

A fifteen-year-old teenager can be officially employed only if the work does not interfere with receiving secondary education, which is possible in cases where the teenager receives it in absentia, education is temporarily suspended, and also if the student was expelled from school upon reaching 15 years of age.

The law does not regulate in what form it is necessary to obtain permission from a parent or guardian to conclude an employment contract in this case. Theoretically, it is possible to obtain verbal permission from parents, but to prevent disputes, it is better for the employer to initiate the provision of written confirmation.

It is important to know that it is also possible to employ a disabled child along with other minor employees. He has the same rights and guarantees. When employing such children, in addition to basic documents, it is necessary to provide a certificate of disability and medical recommendations on working conditions.