Employment contract with a minor employee (general form)

Minimum age of employee

Of course, not every person can be hired. Many businessmen are seriously mistaken and mislead other people. They claim that only a citizen who has reached the age of 18 has the right to sign a TD with an entrepreneur. Actually this is not true!

An agreement can be concluded with an employee who is over 14 years old.

There is a reservation when you can apply for a TD even before the age of 14, you will learn about it later.

From what time can a contract be concluded?

The contract is concluded only with those who have reached the age of 16. Younger citizens can be hired subject to certain conditions:

From the age of 15, a teenager can work if he has already acquired a general education, or receives it while studying in an evening or correspondence department. If a minor has stopped studying, he can also be hired if he presents a certificate from the educational institution stating that he stopped studying.

From the age of 14, a teenager can get a job that falls under the category of light labor if he presents the consent of his parents, guardian or trustee and guardianship authorities. Consent can be written in free form; its writing is not regulated by the legislator.

Until the age of 14, you can get a job in concert organizations, theaters, circuses, etc. The work should only be related to creative or sports activities; for example, a teenager will not be able to work as a cleaner.

Work should not harm health and moral development. Permission for it must be given by the guardianship authorities and parents (guardians, trustees), the latter also sign the agreement. The guardianship in its permission must indicate information about the maximum duration of daily work and other conditions that it considers necessary.

In addition, minors cannot be sent on business trips, engaged in overtime and night work, or included in their schedule for shifts on weekends and holidays. Such rules apply to everyone except workers in the creative field (theaters, film studios, etc.). It is also prohibited to employ teenagers part-time or to work on a rotational basis. There is no probationary period for minor employees.

Minors cannot bear financial responsibility; therefore, they cannot be accepted for work that requires servicing and the use of monetary and commodity valuables. Compensation for damage by a teenager is possible only if he caused it intentionally, as a result of a crime or administrative offense, or under the influence of alcohol or drugs.

Children under 14

The first category is children under 14 years old. Yes, of course, it was said earlier that they cannot be hired, but there are exceptions.

Circuses and theaters have the right to enter into trade agreements with children under 14 years of age. The agreement is concluded so that minor artists can perform at performances. At the same time, organizations concluding TD must ensure the complete safety of the child.

Requirements of the Labor Code of the Russian Federation for drawing up a contract

The age at which a citizen can find a job is enshrined in Art. 63 Labor Code of the Russian Federation. Part one of this norm gives the organization the right to hire a citizen who has reached the age of 16.

If there is a need for employment of citizens under 16 years of age, you need to remember the following restrictions:

• A citizen who is 15 years old can only be employed in light work, the nature of which cannot cause harm to the health of the teenager. In this case, a teenager who is employed must either have already graduated from school, or be expelled from it (drop out) and receive education in a different form.
• A contract providing for light work without harm to health can be signed with a person who has reached the age of 14, has graduated from school or is still studying there (without prejudice to training), only with the written approval of one of his parents and guardianship authorities.
• Exclusively for the creation and production of theatrical, circus and variety performances, it is permitted to sign contracts with children under 14 years of age with the mandatory approval of the parent and guardianship authorities. In turn, the contract on behalf of the child is drawn up by his representative, and the working hours are established in agreement with the guardianship authorities.

Special terms of contract with a minor

When concluding employment agreements with persons under 18 years of age, practitioners should be aware of the following guarantees for such employees, defined in Sec. 42 Labor Code of the Russian Federation:

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• Minors, according to Art. 265 of the Labor Code of the Russian Federation, cannot perform labor duties in hazardous and hazardous industries, as well as in those areas of the economy where work can cause harm to their health or physical development (underground work, work on the production and sale of alcohol and tobacco products, in nightclubs , casino, etc.);
• when hired, minors must undergo a mandatory medical examination, and subsequent medical examinations must be carried out annually at the expense of the organization that hired them (Article 266 of the Labor Code of the Russian Federation);
• according to Art. 267 of the Labor Code of the Russian Federation, leave for minors must be at least 31 days and provided at a time convenient for the employee;
• according to Art. 268 of the Labor Code of the Russian Federation, persons under 18 years of age are prohibited from being sent on business trips, as well as being involved in overtime, work on weekends and holidays;
• Dismissal of a citizen under 18 years of age on the initiative of the organization’s management is permitted only with the approval of the labor inspectorate in view of the requirements of Art. 269 ​​Labor Code of the Russian Federation;
• Art. 270 of the Labor Code of the Russian Federation obliges to determine the production plan for employees under 18 years of age based on the time actually spent;
• It is also worth remembering that for such persons Art. 92 and 94 of the Labor Code of the Russian Federation define a reduced amount of working time (for example, the shift duration for a teenager aged 15 to 16 years should not exceed 5 hours, and for a 16–18-year-old employee - 7 hours).

Category of people from 16 to 18 years old

This category of minors is most liked by employers. With teenagers belonging to this age group, entrepreneurs have the right to draw up employment documents as a general rule. True, even such people have their limitations.

Teenagers under 18 years of age are not allowed to work in bars and other establishments that contain alcoholic beverages.

The legislative framework

Let's look at all the legislative acts that intersect with our topic:

• The minimum age of a person with whom an entrepreneur has the right to begin an employment relationship is regulated by Art. 63 TK

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• The working day of workers is regulated by Art. 91 Labor Code of the Russian Federation
• In order to understand how to legally dismiss an employee for any reason, you should refer to Chapter 13 of the Labor Code of the Russian Federation
• You can read more about the documents required for the admission of teenagers in Art. 65 TK

Items present in the document of acceptance

The following conditions must be recorded in the TD between the child and the entrepreneur:

1. Validity. As a rule, a TD concluded with minor children has its own validity period. For example, during the summer holidays. This is an important point that must be written down.

2. Names of the employee and employer.
3. Working hours, as well as the days on which the work must be performed.
4. The contract should not imply a probationary period.
5. The amount, as well as the timing when the salary will be paid.
6. TD subject.

Fixed-term employment contract with a minor employee - sample

For minor citizens, the option of fixed-term agreements is the most common. For example, during the holidays, many schoolchildren are looking for part-time work, and the employer may offer them to sign a fixed-term contract. This form is considered more convenient for termination, especially if the initiative comes from the employer. Its main feature is the presence of a validity period and an indication of the reasons for its registration. Upon its expiration, termination of the agreement will be possible. Otherwise, the presented document is no different from an ordinary agreement between the parties.

Specifics of the functions performed

Not every type of work has the right to be performed by a minor child. For example, minors cannot perform work related to:

• Alcoholic drinks

• Harmful chemicals and other substances that may harm the health of a minor
• The danger of violating the moral development of a minor (working in the gambling business, strip clubs, bars)

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.

Conditions

There are certain terms of the employment contract with minors that the employer must remember

Before reaching the age of 16, you can work no more than 24 hours, and from 16 to 18 years old - no more than 35 hours a week. A shift should last no more than 5 hours if the employee is under 16 years old, and no more than 7 hours for teenagers from 16 to 18 years old.

If work is combined with study, the shift should be even shorter - 2.5 hours for people under 16 years old, 4 hours for minors from 16 to 18 years old. Teenagers do not lose the right to rest; the minimum break is 30 minutes, but it is not included in working hours.

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The annual leave granted to minors is 31 calendar days (3 days longer than for adults). It is provided at the time chosen by the teenager, regardless of the wishes of the employer. If the management agrees, the teenager can go on vacation before the expiration of 6 months of continuous work. Transferring vacation to another year and paying money in return for vacation are unacceptable in this case.

Salaries for piecework work are paid in accordance with piecework rates, if the payment is time-based - in accordance with the hours worked, without any restrictions. There are no benefits for paying contributions and taxes for teenagers.

It is prohibited to use teenage labor in heavy work, a full list of which is indicated in Government Decree No. 163, including:

• in underground work;
• in harmful or dangerous production;
• night entertainment, gambling;
• at work in any way related to alcohol, tobacco, drugs and toxic drugs, including their transportation and sale.

Salary

According to Article 271 of the Labor Code of the Russian Federation, wages for teenagers under 18 years of age are paid based on a shortened work shift. This article contains a caveat: the employer can, if he wishes, pay additional employees from his personal funds.

The wages of minor employees cannot be lower than the minimum wage. In this case, the data must be calculated based on a shortened work shift.

List of documents

When applying for a job, a young employee is required to submit the following documents:

• Passport

• Medical certificate, format 086-u
• Certificate from the place of study
• Consent of one of the parents/guardians (for persons under 15 years of age)
• Documents from guardianship and trusteeship (for persons under 15 years of age)
• Bank statement
• Work book

Features of the agreement

To draw up an employment contract with a minor employee, you can take as a basis a sample of a standard contract for an employee in the same position. However, you cannot simply change the data into new ones; you will need to take into account some features of the employment contract. Even the conditions for hiring boys and girls differ depending on the number of years they have already turned.

An example of an employment contract with a minor can be found on our website ()

From 14 to 15 years

Children who have reached the age of 14 can try to earn their first money only with the permission of the adults responsible for their life and upbringing. Accordingly, the employer, before concluding an employment contract with minors, must obtain the written consent of the parents and the conclusion of the guardianship authorities. In addition, it is the employer’s responsibility to verify that the teenager has completed secondary education or has been expelled from school. If a child continues his studies in some other way, then his work should be organized in such a way that it does not harm the educational process.

If you are already 15 years old

A potential employee who is already 15 years old does not need to ask permission from his parents, but he will need to prove to his future superiors that the issue of obtaining a secondary education has already been resolved. This can be proven by presenting a certificate, a certificate of expulsion or a document from the current educational institution intended to complete the teenager’s education. In this case, it is typical for employment contracts concluded with minors to draw up a work schedule taking into account their academic workload.

Hiring those who are already 16 years old

In terms of assessing work opportunities, labor legislation is more loyal than other areas of law. A person can make a decision and sign an employment contract at the age of 16. To distinguish such an employee from all others who have already become adults, there will be a ban on performing heavy work, in hazardous conditions or underground. At the mutual request, the employer can also conclude a fixed-term employment contract with such a minor, without agreeing on its details with anyone other than the employee himself.

A 16-year-old employee can sign his employment contract independently, without taking into account the opinion of his parents. But this does not mean that all spheres of production are accessible to him. Until the age of 18, he should be offered only light work.

Children under 14 years old

Life has proven that you can find a job even for a newborn. But their sphere of employment can only be in the arts (cinema, theater, circus or concert organizations). Naturally, only his parent or guardian can allow his child to be used in a performance or exhibition, with the support of guardianship officials. In this case, one of the parents also takes part in drawing up the contract and signing it. The duration of work and its schedule will be special:

An opinion on the moral safety of the proposed work can be given by the guardianship and trusteeship authorities, therefore their consent is mandatory when employing persons under 15 years of age, Art. 63 TK.

Parental consent form

The consent of one of the parents/guardians of the person being hired must indicate:

• Parent's name

• Parent's passport series and number
• Who issued the parent's passport
• Phrase: “I give my consent to the employment of my son/daughter”
• Child's full name
• Series and number of the child’s passport
• Who issued the child's passport
• Date and signature

All items are listed according to the sequence in which they are indicated in the document.

Contract structure

The contract does not have a single (unified) form, but it is traditionally concluded on the letterhead of an organization or enterprise.

The document contains:

• Title indicating that the employee is under age. Name of the locality and date of compilation.
• Full name of the legal entity participating in the signing.
• Personal information of the employee (full name, passport details or birth certificate details, permanent residence address) or the person who submitted the application instead (one of the parents, the person who adopted the child or is guarding him).
• An indication on what basis the trustee acts. For example, based on the permission of the guardianship authority or on your own initiative.
• Indication of the position for which the employee is being hired.
• A reference to the fact that, according to medical documents, the person is healthy and allowed to work.
• Indication of the validity period of the document and working conditions in the workplace.
• Listing the rights and obligations of both parties.
• Terms of payment for this work activity. Information on salary amounts and additional incentives for conscientious work is recorded here.
• The work regime and information on rest days, including vacation periods, are entered separately.

The document is certified by the seal and signatures of the employer and the authorized representative.

You can download a standard form of an employment contract with a minor employee here.

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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.

Common Mistakes

When concluding trade agreements with teenagers, entrepreneurs often make common mistakes, such as:

1. Conclusion of an agreement as a general rule with teenagers under 16 years of age.

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2. They hire an employee for a certain period, forgetting to indicate this in the contract.
3. They are unreasonably refusing to conclude a TD, and this is illegal!
4. Requiring documents not listed in the list of documents required for employment.

We hope the information presented will be useful to both managers and potential applicants.

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