Many teenagers are looking for a job or part-time job in order to improve their financial situation, gain experience in their favorite field of activity, or just save money. But before employment, you should carefully study your rights, especially the signing of the contract and accrual wages. This article will be useful to such citizens, as well as to the employer of a minor employee.

The legislative framework

In legislation Russian Federation all the main aspects of the work of minor employees are clearly spelled out. Article 63 of the Labor Code of the Russian Federation clearly states at what age and under what conditions it is possible to conclude an employment agreement.

For this social group there is also a chapter in Labor Code which regulates all aspects of the work of this category of the population. This includes the rights of adolescents to leave (Art. 267), free annual medical examinations (Art. 69 and Art. 266), employment features (Art. 272, Art. 70), production rates (Art. 270, Art. 92, article 94). Also, wages are prescribed (Article 271) and guarantees upon termination of the work contract (Article 269).

There are articles in the Code that describe a ban on certain types of work (Article 265) and involvement in overtime work(Art. 268, Art. 96, Art. 99).

Minimum age for employment

independently conclude labor contract possible only after reaching the age of sixteen. An exception is the completion of school before the above age.

Citizens who have reached the age of fifteen have the opportunity to work if the working conditions do not violate learning activities and do not harm their health.

Fourteen-year-olds additionally require verbal or written permission from their next of kin or guardian.

Workers under the age of 14 may be allowed to work in the theatrical, circus and film industries. The position occupied by a young employee should not interfere with healthy development.

What kind of work can teenagers do?

Children can engage in work on the preparation of territories (improvement, gardening), planting and harvesting, caring for gardens and fields. Such employees have the right to get a job as a courier, to perform simple repair and restoration work. Teenagers also work as service personnel activities in the field of culture and provide social services to the population.

Basically, there are several vacancies for which employers can hire underage staff: waiter, cashier, cleaner, promoter, various assistants in the kitchens of restaurants and cafes.

Adolescents who work in positions that involve heavy lifting should be aware of the maximum allowable manual movement of the load during one working day. Girls aged 14 to 15 years can carry no more than 2 kilograms per shift, boys - up to 3 kilograms. For boys from 16 to 18 years old, the maximum allowable weight of the cargo is 4 kilograms, for girls of the same age - 3 kilograms.

There are some restrictions to regulate the work of minors. They are prohibited from working in life-threatening conditions and carrying loads above the age limits. Also, for such workers is not provided. Children cannot enter into an employment contract with organizations of the religious sphere, as well as an agreement on material liability (Article 242).

Teenagers cannot work in the gambling business, participate in the sale of alcohol and tobacco products, and work in nightclubs.

Additional rights

The child is entitled to leave in the amount of 31 days. Temporary release from duties must be granted immediately upon the request of the employee.

Such an employee is not sent on trips by order of the employer (business trips), he cannot work above the norm, as well as on holidays and weekends. Workers in the field of creative specialties (cinema, theater) are an exception.

Features of a medical examination

Children under the age of majority pass before employment. Examinations of a minor employee must be carried out annually. All payments for expenses are paid by the employer, he also sends the future employee for examination. The directions must include:

• the name of the institution;
• type of activity of the employer and form of ownership;
• the name of the organization for the medical examination and its type;
• Full name and date of birth of the future employee;
• the name of the profession for which the employee is hired;
• the presence of dangerous and harmful working conditions.

Part medical commission a doctor who studies the health of people working in especially harmful conditions (occupational pathologist) must necessarily enter, he also heads the commission. The composition of the necessary doctors for the commission is determined by the order of the head medical organization.

Run time

From 15 to 16 years of age, working hours are 24 hours a week. From 16 to 18 years of age, the duration of the work period is, by law, a maximum of 36 hours. For employees who have not yet graduated from school - a maximum of 12 hours.

Also, for this category of the population, the legislation stipulates the maximum duration of one working day. For teenagers from 15 to 16 daily rate working time is 5 hours. From 16 to 18 no more than 7 hours a day. For employees who combine study with work, aged 16 to 18, the maximum working day is 4 hours. For schoolchildren from 14 to 16 years old - two and a half hours.

Documentation for employment

List required documents:

• consent of the next of kin or guardian (if the employee is under 14);
• permission from the guardianship authorities, which prescribes the duration of the permitted time for work;
• identification;
• work book;
• medical certificate;
• a diploma or a certificate of the presence of specialized experience and knowledge (for a position requiring special training);
• information from the school with the specified mode of study (not graduating from school);
• insurance certificate (for teenagers 15-18 years old).

Registration procedure

The procedure for registration of minors is identical to the employment of other categories of the population. A teenager for enrollment in a position writes to the name of the employer and concludes an employment contract. The employer issues an employment order for a new employee.

The contract must include the following: points:

• Full name of the future employee and name of the employer;
• data on documents that certify the identity of the new employee and employer (if he is individual);
• TIN of the employer;
• date and place of conclusion of the contract.

When drawing up a contract, the following conditions:

• place of work;
• position;
• date from which the employee starts work;
• the size and conditions of wages;
• operating mode.

It is more difficult with the dismissal of young employees. Before the employer can proceed with the dismissal of such an employee on his own initiative, he coordinates this issue with the state labor inspectorate, as well as with the commission for the protection of the rights of minors. The exception is the end of the activity individual entrepreneur or the dissolution of the institution in which the teenager works.

After the commission confirms that the rights of the young employee will not be violated, . If the commission refuses the request to terminate the contract, this issue can be appealed in court.

When a teenager wishes, then coordination is not required.

If a cooperation agreement was drawn up with a young employee for a specific period, for example, for a seasonal summer job, for the period of vacation or illness of the main employee of the enterprise or for practice and , then the time of cooperation expires at the time specified in the contract.

The employer must notify the employee 3 days before the deadline in writing. On the last working day, the employee is issued a document confirming labor activity, salary, and also, if any.

Fixed-term contracts with this category of the population can be concluded in the following areas:

• cinema;
• theatre;
• concert and circus organizations.

To avoid an unscrupulous employer and, as a result, the lack of payment for the work performed, adolescents should always conclude an employment contract. This will help to avoid not only the absence of wages, but also to protect the child from working in dangerous conditions.

Salary

The amount of wages for this category of the population depends on what form of payment (piecework or time) is accepted in the institution where the teenager works. The reduced working time of the young worker is also taken into account.

In the piecework form, payment is calculated at the usual rate, taking into account the reduced working day. Time-based payment is calculated only taking into account the time the teenager works. Employers must pay for the work of the child not less than that established by law, if the employee fulfills the norm (according to age) and his duties in the institution. The employer may pay additional wage increases. Wages are calculated and paid out in the same way as other employees in this institution.

Lawyer's opinion on hiring a minor (video)

In this video, a lawyer talks in detail about the conditions for hiring minor citizens of the Russian Federation, labor restrictions, as well as the features of an employment contract and salary payment.

Knowing your rights, you can avoid many difficulties, both in finding a job and in the work process itself. Also, minors must necessarily conclude a contract with the employer, which must clearly spell out the duties of the employee, working hours and salary, because in case of violation of the conditions by the employer, the teenager will have the opportunity to protect himself and compensate for the damage.

A minor, that is, a person under the age of 18 (Article 1 of the Federal Law of June 24, 1999 No. 120-FZ), can work under an employment contract with certain restrictions. When you can hire a minor and what kind of work you can offer him, we will tell below.

Conditions for hiring a minor

The procedure for hiring minors is as follows.

In the general case, it is possible to conclude an employment contract with a citizen of the Russian Federation who has reached the age of 16 (paragraph 1 of article 63 of the Labor Code of the Russian Federation). The conclusion of an employment contract with minors under 16 years of age is carried out for the performance of light work that does not cause harm to health, and taking into account the following features:

Age for concluding an employment contract	Consent / Permission	Peculiarities
from 15 years old	Not required	Minors have already received or are receiving general education
from 14 years old	Consent of one of the parents (guardian) and guardianship and guardianship authority	Work in your free time from general education without prejudice to your studies.
under 14 years old	Consent of one of the parents (custodian) and permission of the guardianship and guardianship authority	In cinematography organizations, theaters, theater and concert organizations, circuses. The permit of the body of guardianship and guardianship must indicate the maximum allowable duration of daily work. The employment contract is signed by the parent (guardian).

With foreigners and stateless persons, an employment contract is concluded from the age of 18 (paragraph 3 of article 327.1 of the Labor Code of the Russian Federation).

For individuals who are not citizens of the Russian Federation, the procedure for concluding an employment contract that is valid for Russians is applied (clause 4, article 13 of the Federal Law of July 25, 2002 No. 115-FZ). These are, for example, permanently or temporarily residing in the Russian Federation Foreign citizens or participants in the Program for the voluntary resettlement of compatriots (Decree of the President of the Russian Federation dated June 22, 2006 No. 637), etc.

We also recall that when hiring minors probation it is not established for them (paragraph 7 of article 70 of the Labor Code of the Russian Federation).

What kind of work is not a place for a minor

Persons under 18 years of age may not be involved in work with harmful or dangerous working conditions, work underground, as well as work that may harm their health or moral development (for example, working in a casino or selling alcoholic beverages or tobacco products) ( paragraph 1 article 265 of the Labor Code of the Russian Federation). The list of heavy work and work with harmful or dangerous working conditions for which minors cannot be accepted is given in Decree of the Government of the Russian Federation dated February 25, 2000 No. 163.

Under the ban for minors, carrying and moving weights exceeding the maximum norms. These rules are set

What is the best way to get a minor employee (17 years old) to work, what should be provided for in the contract?

Answer

In the general case, an organization has the right to conclude employment contracts with adolescents who are 16 years old (part 3 of article 20 of the Labor Code of the Russian Federation).

However, employers are prohibited from:

involve minors in part-time work;

Engage minors in work that causes physical and mental harm(for example, work in the gambling business, night cabarets and clubs, work in the production, transportation and sale of alcoholic beverages, tobacco products, narcotic and other toxic drugs, erotic content materials);

Involve minors in work related to lifting and moving weights above the established norms, approved by the Decree of the Ministry of Labor of Russia dated April 7, 1999 No. 7;

Use the labor of teenagers when performing work from the list approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163.

So among mandatory conditions employment contract with a minor can be called:

reduced working hours;

extended vacation time;

ban on testing.

Details in the materials of the System:

1. Answer: How to organize the work of minors

Stages of labor protection for adolescents

The legislation provides for special norms that provide special labor protection for adolescents (persons under 18 years of age, i.e. minors) in comparison with general labor standards. These employment benefits are necessary to protect the health of the young body and the moral development of the adolescent.

Features of labor protection of adolescents are manifested at the following stages:

Attention: non-compliance with labor laws and labor protection standards, including in relation to adolescents, may become the basis for engaging the organization and its officials To ().

In addition, for an employee responsible for observing labor protection rules, it may occur if a violation through negligence causes serious harm to the health of a teenager or his death ().

Recruitment

When hiring teenagers, the following guarantees are provided by law:

Prohibition on the use of juvenile labor

Organizations are prohibited from recruiting minors:

to work part-time;

to work that causes physical and mental harm (for example, work in the gambling business, night cabarets and clubs, work in the production, transportation and sale of alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content);

to work related to lifting and moving loads above the established, approved.

This follows from the provisions of the articles, the Labor Code of the Russian Federation, clauses and SanPiN 2.4.6.2553-09, approved.

Additional job security

Adolescents aged 14 to 18 belong to the category of citizens who are in particular need of social protection and who experience difficulties in finding work. For them, the legislation provides for additional guarantees of employment through the organization of temporary employment of minors in their free time from study, the provision of vocational guidance services,. This is provided for in paragraph 2 of Article 5 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, Article 11 of the Law of July 24, 1998 No. 124-FZ.

Conclusion of an employment contract

In the general case, the organization has the right to conclude employment contracts with adolescents who are 16 years old (). With teenagers more early age An employment contract can only be concluded if certain conditions are met.

So, an organization has the right to conclude an employment contract with a teenager who is 15 years old if he:

received or is receiving general education or left a general education organization, including being expelled from educational organization;

will perform light work in the organization that does not cause harm to health.

A teenager who has reached the age of 14 can be hired if the following conditions are met at the same time:

he is a student;

the work provided belongs to the category of light work that is not harmful to health;

a teenager should work in his free time from school, without disturbing the learning process;

one of the parents (trustees) and the guardianship and guardianship authorities agree to involve the teenager in work.

Persons under the age of 14 can only be recruited by certain categories of employers. These are cinematography organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works, provided that the work to which the teenager is involved does not harm his health and moral development. In this case, the labor contract with the employer is signed by the parent (guardian) of the child with the consent of the guardianship and guardianship authorities. The permission of the body of guardianship and guardianship indicates the conditions under which work can be performed. Such conclusions follow from Article 63 of the Labor Code of the Russian Federation.

Medical checkup

For the purpose of mandatory health protection, a teenager can only be hired if there is a certificate of a preliminary medical examination ().

For more information on what documents a teenager must present when applying for a job, see. Working conditions

For teenagers hired, the employer must provide acceptable (). Working conditions for adolescents must meet the requirements:

sanitary rules for certain species economic activity(SanPiN 2.4.6.2553-09, approved).

Attention: if the employer does not provide the legal sanitary norms for teenagers, this is a violation of the legislation in the field of ensuring sanitary and epidemiological welfare. Administrative liability is provided for this violation.

When checking, Rospotrebnadzor employees can fine:

an official of an organization (for example, a manager) in the amount of 500 to 1000 rubles;

organization from 10,000 to 20,000 rubles. or suspension of activities for up to 90 days;

entrepreneur from 500 to 1000 rubles. or suspension of activities for up to 90 days.

Work time

For minor employees (under 18 years old) is provided. It is:

for employees under the age of 16 - no more than 24 hours a week;

for employees aged 16 to 18 - no more than 35 hours per week.

If a minor employee combines work with study during the academic year, then the maximum working week is halved and amounts to:

for employees under the age of 16 - no more than 12 hours per week;

for employees aged 16 to 18 - no more than 17.5 hours per week.

This follows from the provisions of parts, article 92 of the Labor Code of the Russian Federation.

An expert shares important information about Employment contract with a minor in the material at the link.

In addition to the reduced working week, minor employees must comply with restrictions on the duration of daily work (shift). So, the maximum duration of daily work is:

for employees aged 15 to 16 years - 5 hours;

for employees aged 16 to 18 years - 7 hours.

If a minor employee combines work with study during the academic year, then the maximum duration of daily work is: . .

Termination of the employment contract

Termination of an employment contract at the initiative of the employer with a teenage employee is possible only with the labor inspectorate and the commission for minors and the protection of their rights. The only exception is the termination of the employment contract in connection with the liquidation of the organization or the termination of the activity of an individual entrepreneur. Such rules are established by the Labor Code of the Russian Federation.

Nina Kovyazina,

Deputy Director of the Department of Education and human resources Ministry of Health of Russia

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09 Mar 2010 09:09

In order to save money, organizations sometimes hire minors. Typically, such employees are assigned simple work that does not require special knowledge, for example, delivering company products (fast food, etc.).

The article tells about all the features that need to be taken into account when deciding on the employment of minors.

What kind of work can not take a minor at all

Let's say right away that it is possible to hire a minor only on the condition that he is already 14 years old. An exception is established only for employees of cinematography organizations, theaters, theater and concert organizations, circuses - they can work until they reach the age of 14.

Adolescents (that is, persons under the age of 18) cannot be employed:

With harmful and (or) dangerous working conditions according to the List of such works. In addition, their work should exclude increased neuropsychic stress;

Which may harm their health and moral development (in particular, work on the production, transportation and trade in alcoholic beverages and tobacco products);

Associated with carrying and moving loads that exceed the limits established for adolescents.

The limits of such a load vary depending on the gender and age of the adolescent. So, for example, for a 14-year-old boy, the maximum mass of cargo lifted and moved manually constantly for work shift, is 3 kg, and for a 15-year-old girl - 2 kg;

At night (from 22.00 to 06.00) and to work on a rotational basis (except for creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons according to the List of professions and positions of creative workers);

Part-time, if the teenager is already working somewhere.

It is impossible to conclude an agreement on full liability with a minor. Therefore, it is better not to hire him for work related to the direct maintenance of monetary and material values.

Warn the manager

Minors bear full liability only for damage caused by:

Intentionally;

In a state of alcoholic, narcotic and other toxic intoxication;

As a result of a crime or administrative offense.

In all other cases, they are liable for damages only within the limits of their average monthly earnings.

Guarantees and benefits

It is more convenient to conclude a fixed-term employment contract with a full-time student (but only if he himself does not mind). If he refuses to conclude a fixed-term employment contract, then he will have to conclude an agreement with him for an indefinite period (of course, except when the work itself is urgent).

When deciding whether to hire a teenager, keep in mind that under the Labor Code of the Russian Federation, he is provided with the following benefits and guarantees.

1. A minor cannot be placed on a test when hiring and, accordingly, he cannot be fired for failing a test.

2. He needs to set reduced working hours. It's about specifically about reduced, and not about part-time work. To establish reduced working hours, a special application from the employee is not required, you are required to do this by virtue of law.

The length of working time for adolescents depends on their age and the fact of combining work with study. We present these norms in the table.

	Working week length	Duration daily work (shift)
Do not combine work with study
16 to 18 years old	No more than 35 hours	No more than 7 hours a day
15 to 16 years old	No more than 24 hours	No more than 5 hours a day
Combine work with study
16 to 18 years old	No more than 17.5 hours	No more than 4 hours a day
14 to 16 years old	No more than 12 hours	No more than 2.5 hours per day

According to the Labor Code of the Russian Federation, the working time of underage students working during the school year in their free time cannot exceed half of the norms established for persons of the corresponding age.

Restrictions for teenagers who combine work with study do not apply only to summer holidays, which was confirmed to us by the Ministry of Health and Social Development.

Kovyazina Nina Zaurbekovna, Deputy Director of the Department of wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia

"If a teenager works in autumn, winter and spring holidays, then the norm of Art. 92 of the Labor Code on halving working time continues to operate for him. After all, vacations are given to the student for rest between academic quarters and are included in academic year. And summer holidays are no longer a school year, so this rule does not apply when working during summer holidays.

If your teenager is studying in an evening (shift) general education institution that has state accreditation, then you will also have to:

Provide him with additional paid leave for passing final exams in the IX grade - 9 calendar days, in the XI (XII) grade - 22 calendar days;

Establish for the employee, at his request, during the academic year, a working week reduced by 1 working day or by the number of hours corresponding to 1 working day (if the working day (shift) is shortened during the week). Moreover, during the time of release from work, he will need to pay 50% of the average earnings, but not lower than the minimum wage.

Warn the manager

Night school students will have to be given paid leave to take their final exams.

Employees who combine work with study in an evening (shift) general education institution, the working week is reduced by 1 working day upon their application. This norm is common to all who work and study in the evening form, and not just for teenagers. You can use the benefit provided for by this norm on reducing the working week by 1 day at will. But this preferential day is not fully paid, but only in the amount of 50% of average earnings. Therefore, in practice, adolescent students, as a rule, do not use this norm. After all, their working hours have already been halved (due to the combination of work and study).

3. Minors (except for creative workers) cannot be sent on business trips, involved in overtime work, as well as to work on weekends and non-working holidays.

4. Teen production rates should be less general norms workings. At the same time, production rates decrease in proportion to how the duration of work of a teenager decreases in comparison with the "adult" duration.

5. Annual paid leave for minors is granted for 31 (and not 28) calendar days and at any time convenient for them. Moreover, they need to provide leave annually, that is, it cannot be transferred at the initiative of the employer. Moreover, recall a teenager from vacation (even with his consent) and replace him with 3 days of each annual leave(that is, that part of the vacation that exceeds 28 days) is also not possible with monetary compensation. But you can divide the vacation into parts by agreement with him. It may happen that you hired a minor employee, and at the time of granting the leave he was already 18 years old. For an explanation of how long an employee's vacation should be in such a situation, we turned to the Russian Ministry of Health and Social Development.

Kovyazina N.Z., Ministry of Health and Social Development of Russia

"Underage employees are entitled to leave at the rate of 31 calendar days per working year, and not 28. If you follow the literal reading of the norms of the Labor Code, it turns out that an employee can apply for an extended vacation only if at the time of the vacation he was still a minor. But here possible conflict situations. For example, an employee, as a minor, worked for several months and did not exercise the right to extended leave until he turned 18 years old. And he goes on vacation as an adult and, accordingly, has the right to only 28-day vacation. In order to avoid such conflicts, we still recommend providing vacation days in proportion to the worked "grace" and "normal" periods. Therefore, all the time for which the employee is granted leave is divided into two periods. And for the first of them, before the employee is 18 years old, the number of vacation days is determined at the rate of 31 calendar days per year, for the period after the age of 18 - at the rate of 28 days per year.

Attention! It is not possible to replace a minor's leave with monetary compensation.

6. Absolutely all adolescents can be hired only after they have passed a preliminary medical examination (examination). And then until they reach the age of 18, they must undergo a medical examination annually. Moreover, for the duration of such a medical examination, the employee retains average earnings.

Attention! For the period of passing a periodic medical examination (examination), the employee retains the average earnings.

During a medical examination (or earlier if there are complaints of a deterioration in health), the doctor may issue a medical opinion on the possibility (or impossibility) of continuing to work by a teenager or give recommendations on his rational employment. Organizing medical examinations is the task of your company.

Remember that you are not entitled to allow a teenager to work who has not passed a medical examination and does not have a medical certificate. Otherwise you will violate labor law, for which the organization and its leader can be fined during the inspection by the labor inspectorate.

If a teenager underwent a medical examination, but received a negative medical opinion, and your company, despite this, hired him, then if this fact is revealed by the labor inspectorate, in addition to paying a fine, he will have to provide him with another job. And if there is no vacancy or if the employee refuses to transfer, terminate the employment contract and pay the teenager severance pay in the amount of the average monthly salary. If the work initially suited him according to the medical report, but then contraindications were found during the next medical examination, then the teenager will also have to be transferred to another job. And in the absence of a vacancy or in the event of his refusal to transfer - to dismiss the teenager with the payment of a severance pay in the amount of two weeks of average earnings.

Features of the employment contract

An employment contract with a teenager has the following features.

1. Since the regime of work and rest of a teenager, due to the reduction of his working time, differs from the generally accepted in the organization, the condition for such a regime should be spelled out in the employment contract.

2. As we have already said, teenagers' working hours are reduced. But unlike all other categories of workers who are assigned reduced working hours (disabled people, "bad guys", etc.), the work of adolescents is paid according to the rules of part-time work.

Shortened and part-time work are often confused. After all, the duration of both is less than the duration of normal working time.

The main difference between them is that reduced working time is a full labor norm for certain categories of workers listed in the law (disabled people of groups I and II; minors; persons working in harmful and (or) dangerous working conditions, etc.). ). And it is established by virtue of direct consolidation in the law.

And part-time is only a part of the normal or reduced working time, that is, part of the full norm of labor. It is installed by general rule agreement between the employee and the employer (with some exceptions).

Therefore, usually reduced working time is paid in full - as normal, and incomplete - in proportion to the time worked or depending on the amount of work performed.

Thus, in the employment contract, the condition on the salary of a teenager must be formulated on the basis that if he is a time worker, then he is paid only for the hours actually worked. And for a teenager who is a pieceworker, the salary is calculated at piece rates, that is, a specific amount is paid, for example, parts made by him for a shortened working day. Moreover, the employer has the right, but is not obliged to pay the teenager up to the level of wages of adult workers.

Attention! Minor temporary workers are paid only the hours actually worked, unless otherwise provided by the contract.

Example. Calculation of wages for a minor time worker

The teenager is 15 years old. He works and does not study. His working hours are 24 hours a week (5 hours a day). In December 2009, he worked 109 hours. The salary for his position (according to the staffing table, subject to the full working time of an adult employee) is 20,000 rubles. per month.

Let's determine the size of the employee's salary for December 2009. The norm of working time in December 2009 is 183 hours (with a 40-hour working week). Accordingly, the cost of 1 hour is 109.28 rubles. (20,000 rubles / 183 hours). Then the salary for December 2009 will be 11,911.52 rubles. (109.28 rubles x 109 hours).

What documents should be required from a teenager when applying for a job

The list of required documents depends on the age of the teenager.

1. If he is already 16 years old, then the same documents are needed as from adult workers:

The passport;

Employment book and insurance certificate of state pension insurance (if he has already worked before);

Certificate of a citizen subject to conscription for military service, if he is already 17 years old.

Note

If the teenager has not previously worked, then you will have to draw up a work book for him and make an entry in it about hiring within seven days from the date of the start of work, and also issue him an insurance certificate of state pension insurance with the Pension Fund of the Russian Federation.

2. If a teenager is only 15 years old, then the same documents are required from him as from a 16-year-old, provided that he:

(or) received a general education;

(or) continues to master the main general education program in a form other than full-time (for example, in the evening or externally);

(or) left in general educational institution in accordance with the legislation on education.

Therefore, in addition, you will receive from him:

(or) a document on the receipt of general education;

(or) a certificate from an educational institution, which indicates that he is studying in a form other than full-time;

(or) a certificate from an educational institution stating that he left his studies in accordance with the legislation on education.

If a 15-year-old teenager is still studying, then the same documents are required from him as from a 14-year-old.

3. If a teenager is 14 years old and he studies at school, then in addition to the general documents required from all employees, he must receive from him:

Consent of the guardianship and guardianship authority for employment on an official letterhead;

Consent of one of the parents (guardian) for employment (it can be obtained in a simple written form).

Also, take a certificate from the teenager with the class schedule. After all, you must provide him with such a mode of operation that will not interfere with the learning process.

Termination of the employment contract

In general, the termination of an employment contract with adolescents is carried out according to the same rules as with adult employees. But there is one important feature. If the employment contract is terminated at the initiative of the employer, then he needs to obtain consent to the dismissal of the teenager from the labor inspectorate and the commission on juvenile affairs. The only exception is the situation when the employment contract is terminated due to the liquidation of the organization or the termination of activities by the employer - an individual entrepreneur.

Since the consent of these bodies is required only if the initiator of the dismissal is the employer, then it is not necessary when the teenager is dismissed due to the expiration of the employment contract, at the initiative of the employee or by agreement of the parties. Also, it will not be required upon termination of the employment contract due to circumstances beyond the control of the parties.

Warn the manager

The refusal of the labor inspectorate and (or) the commission on juvenile affairs to give consent to the dismissal of your teenager can be appealed in court. But, given the duration of the trial and the labor costs associated with it (for example, the work of a lawyer), in order to avoid such situations, conclude, if the Labor Code of the Russian Federation allows it, fixed-term employment contracts with teenagers (for example, if you hire them for the summer holidays).

As you already understood, a teenage worker is troublesome. But at the same time, minors can be paid less than adult workers. Therefore, if your organization needs such workers and you have the opportunity to employ them, then comply with all legal requirements. Otherwise, it may turn into trouble for you.

The questions were answered by E.Yu. Zabramnaya, lawyer, Ph.D. n., A.K. Kovyazin, lawyer

Hiring a teenager

Many students seek to earn extra money. And if the company has vacancies that do not require special education and work experience, then it is quite possible to accept teenagers, that is, persons from 14 to 18 years old.

However, employers often have questions about whether it is possible to accept a teenager for a particular job, how to properly formalize an employment relationship with him, what benefits to provide. You will find answers to the most interesting questions of our readers below.

When hiring a teenager, require additional documents from him

A.E. Trubkina, Moscow

We want to hire school students for temporary work. But we heard that they seem to be required to obtain some additional work permits. Is this true, and if so, what are these permissions and where can I get them?

: Additional documents will not be required from every teenager. It all depends on his age and "educational" status (whether he combines work with study or not).

Age under-height	Is it possible to study with work	Documents required for employment
16 to 18 years old	Never mind	The same documents as from an adult O Art. 63, art. 65 of the Labor Code of the Russian Federation, that is: the passport; work book and "pension" certificate (if the teenager worked before). If this is his first job, then your organization should issue a work book and a “pension” certificate. I am Art. 66 of the Labor Code of the Russian Federation; paragraph 2 of Art. 7 of the Federal Law of 01.04.96 No. 27-FZ “On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance”; military registration document a paragraph 1 of Art. 9 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service" In addition, the teenager is required to have a medical certificate confirming that he has no contraindications to perform work. s Art. 266 of the Labor Code of the Russian Federation
15 to 16 years old	Podrosto To Art. 63 of the Labor Code of the Russian Federation: <или>received basic general education e paragraph 4 of Art. 12 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” (hereinafter referred to as the Law on Education); <или>studies at a school where he receives basic general education, but not in full-time form, but, for example, in evening form or as an external student; <или>left a general education institution for legal reasons, such as being expelled from schools s part 6, 7 art. 19 of the Education Act This group also includes adolescents who receive primary vocational or secondary vocational education in vocational schools, technical schools, etc., since they already have basic general education. e paragraph 4 of Art. 12 of the Education Act; clause 13 of the Model Regulations on the educational institution of primary vocational education, approved. Decree of the Government of the Russian Federation of July 14, 2008 No. 521; clause 14 of the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved. Decree of the Government of the Russian Federation of July 18, 2008 No. 543	The same documents are required as from someone who is already 16 years old, plus must be: <или>a document confirming that you have received a general education (certificate) or a certificate from a vocational education institution stating that the teenager is studying there; <или>a certificate from a general education institution, which indicates that the teenager is studying in a form other than full-time; <или>a certificate from a general education institution stating that he left his studies in accordance with the legislation on education
15 to 16 years old	A teenager receives basic general education full-time, for example, at school (and it does not matter whether his work falls during the holidays or not)	In addition to the "adult" documents are required I am Art. 63, art. 65 of the Labor Code of the Russian Federation: consent of the body of guardianship and guardianship for employment; consent of one of the parents (guardian) to employment
14 to 15 years old	A teenager studies in any form (it doesn’t matter if his work falls on a vacation period or not)
Up to 14 years old	You cannot hire a child under the age of 14. An exception is established only for cinematography organizations, theaters, theater and concert organizations, circuses, and only for children whose work is related to participation in the creation or performance of works. th Art. 63 of the Labor Code of the Russian Federation With children of this age, it is also impossible to conclude civil law contracts for the performance of work (provision of services )Art. 28 of the Civil Code of the Russian Federation

How much a teenager works, so much he will receive

HELL. Myasoedov, Moscow

Our restaurant is opening soon summer verandas. Therefore, we will need new waiters, which we are thinking of recruiting from among high school students and students who are on vacation. How many hours a day can such workers work during the holidays and how should they be paid?

: It all depends on the age of the guys you will be hiring. If these are schoolchildren and junior students aged 14 to 18, then they are minors. Such employees should be given reduced working hours. I am Art. 92 Labor Code of the Russian Federation.

But they also need to be paid in proportion to the time worked, the employer does not have the obligation to pay them up to the full salary (tariff rate) of an adult worker. T Art. 271 of the Labor Code of the Russian Federation.

Here are the allowable working hours for teenagers of different ages.

For underage students working during the school year in their free time, the length of working time cannot exceed half of their "age" norms indicated in the tables e Art. 92 Labor Code of the Russian Federation. As a result, the duration of daily work is T Art. 94 Labor Code of the Russian Federation:

• for employees aged 16 to 18 - no more than 4 hours a day;
• for employees under the age of 16 - no more than 2.5 hours a day.

Opinion of the Deputy Director of the Department of wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia N.Z. Kovyazina on the issue of the length of working time of minors during the holidays, see: 2010, No. 3, p. 64

Moreover, as follows from various regulatory legal acts adopted on education, the concept of "academic year" covers not only the period of study itself, but also the period of all vacations without exception, including summer holidays. X par. 8 p. 3 art. 16 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”; clause 1.3 of the Order of the Department of Culture of Moscow dated May 26, 2009 No. 256; clause 2.4.2 of the Administrative Regulations ... (Appendix 3 to the Decree of the Administration of the Kolomensky Municipal District of the Moscow Region dated January 24, 2011 No. 54); Clause 2.19 of the Sample Form of the Charter of a State Educational Institution of Secondary (Complete) General Education (Appendix 1 to the Order of the Committee on Education of the Government of St. Petersburg dated September 21, 2007 No. 1296-r). However, according to the Ministry of Health and Social Development of Russia, if a minor works during the summer holidays, then he does not need to reduce the “age” norm of working time by half.

And remember that minors are prohibited from engaging in night work. e Art. 96 Labor Code of the Russian Federation, so after 22.00 your waiters must go home.

Teenager's employment contract - "special"

G.N. Sheverdyaev, Moscow

Are there any special provisions that need to be written in the employment contract of a minor? Or is his employment contract no different from the contract of an adult worker?

: When drawing up an employment contract with a minor, a number of points should be taken into account:

• a minor cannot be placed on a test for employment at Art. 70 of the Labor Code of the Russian Federation;
• he is set a reduced working time (we talked about this above). And the condition on the working hours of a teenager must be included in the employment contract. R Art. 57 of the Labor Code of the Russian Federation;
• if you prescribe work rates for a teenager in an employment contract, then do not forget that “adult” work rates must be reduced (in proportion to how the work time of a teenager is reduced in comparison with the work time of an adult) Art. 270 of the Labor Code of the Russian Federation;
• the salary condition must be formulated on the basis that the teenager-time worker is paid only the hours actually worked by him.

For example, you have a position salary set (in staffing or local wage regulations) based on the full norm of working hours of an adult worker, that is, based on a 40-hour working week and Art. 91 Labor Code of the Russian Federation. If you accept a teenager for this position, then write in his employment contract that his remuneration is made from this salary. Then you will pay him in proportion to the length of working hours established for him. and Art. 271 of the Labor Code of the Russian Federation.

Example. Teen payroll

/ condition / The teenager was hired, the salary for which is 20,000 rubles. Teenagers work 24 hours a week. In June 2011, he worked 100.8 hours.

/ solution / Calculate the salary of a teenager in June 2011

The norm of working hours in June 2011 is 168 hours (with a 40-hour working week). Accordingly, the cost of 1 hour of work is 119.05 rubles. (20,000 rubles / 168 hours). Then the teenager's salary for June 2011 will be 12,000 rubles. (119.05 rubles x 100.8 hours).

Attention

It is not possible to conclude an employment contract with a minor on part-time work at Art. 282 of the Labor Code of the Russian Federation.

If you want to pay a teenager a certain amount per month, for example, 20,000 rubles, then simply write in the employment contract that the salary for the fully worked out standard of working time set for him is 20,000 rubles.

A fixed-term employment contract is possible with a full-time teenager

N.Yu. Poletaeva, Gatchina

Is it possible to conclude a fixed-term employment contract with a minor for the period of summer holidays?

: No, unless you're hiring a teenager for temporary work at Art. 59 Labor Code of the Russian Federation. But you can conclude a fixed-term employment contract by agreement with him if:

• <или>a teenager is studying full-time;
• <или>your company (entrepreneur) is a small business. In this case, the number of employees should not exceed 35 people, and in the field of retail trade and consumer services - 20 people. To Art. 59 Labor Code of the Russian Federation.

Pre-employment health screening for teenagers is inevitable

A.S. Petrov, Petrozavodsk

Is it always necessary to send a teenager for a preliminary medical examination? Or is it mandatory only for admission to severe and harmful work?

: In principle, minors should not be accepted for heavy and hazardous work s Art. 265 of the Labor Code of the Russian Federation; Decree of the Government of the Russian Federation of February 25, 2000 No. 163. Therefore, in such a situation, the question of a medical examination does not even arise.

In other cases, the employer is obliged to send the teenager for a preliminary medical examination, and the teenager is obliged to undergo such a medical examination. And it does not depend on the nature of the work. s Art. 69, Art. 266 of the Labor Code of the Russian Federation.

Who will pay for the medical examination?

N.D. Negoda, Krasnoyarsk

In what order should a minor undergo a preliminary medical examination when applying for a job and who pays for it - the teenager himself or the employer? If payment for a medical examination is the responsibility of the employer, can its cost be taken into account in “profitable” expenses and is it necessary to withhold personal income tax and accrue insurance premiums?

WARNING THE MANAGER

If the company will hire a teenager without a medical certificate and this will be revealed by the labor inspectorate, it can fine b Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:

• company - in the amount of 30,000 to 50,000 rubles;
• head of the company or entrepreneur - in the amount of 1000 to 5000 rubles.

: There is no special procedure for medical examinations for minors. Therefore, the general procedure applies To Regulations on conducting mandatory preliminary upon admission to work and periodic medical examinations of employees, approved. Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 (hereinafter referred to as the Regulations on the procedure for conducting medical examinations). The employer issues a referral to a teenager for a medical examination to provide the attending physician with a medical and preventive organization conducting a medical examination. Each doctor who took part in the examination gives his opinion on professional suitability and enters the medical examination data into the medical record. The final conclusion on the compliance of the state of health with the assigned work is made on a separate basis. T clause 2.2, clause 2.4 of the Regulations on the procedure for conducting medical examinations.

It is also possible that the teenager will simply undergo a medical examination in a regular district clinic and bring an opinion on its passage.

WARNING THE MANAGER

If a teenager is found fit for work, but at the next medical examination, contraindications were found, then it will come I am Art. 73 Labor Code of the Russian Federation:

• <или>transfer to another suitable job;
• <или>in the absence of a vacancy or the refusal of a teenager to transfer - to dismiss with the payment of a severance pay in the amount of two weeks of average earnings a p. 8 h. 1 art. 77, art. 178 Labor Code of the Russian Federation.

Some employers hire teenagers who have medical contraindications to work. Especially if a minor needs to be involved in labor for only a couple of months. But keep in mind that if your company hired a teenager despite medical contraindications, then if this fact is discovered, the labor inspectorate may fine the company and its manager for violating labor and labor protection laws a Art. 5.27 of the Code of Administrative Offenses of the Russian Federation; Art. 212 of the Labor Code of the Russian Federation. In addition, your company will need to:

• <или>look for a teenager another job;
• <или>if there is no vacancy or the teenager refuses to transfer, terminate the employment contract with the payment of a severance pay in the amount of the average monthly salary a Art. 84 of the Labor Code of the Russian Federation.

Remember also that teenagers must undergo not only pre-employment medical examinations, but also annual medical examinations. e Art. 266 of the Labor Code of the Russian Federation- in the future, until the age of 18.

If the preliminary medical examination is paid, then it is the responsibility of the employer to pay for it. I am Art. 212, art. 266 of the Labor Code of the Russian Federation. You can do this in different ways:

• <или>transfer money to a medical institution that, under an agreement with the company, conducts medical examinations of all its employees;
• <или>reimburse the expenses of a minor for a medical examination if he passed it at his own expense, and then brought a receipt of payment to the employer.

Employer's expenses for preliminary medical examinations:

• are taken into account in other expenses as expenses for ensuring normal working conditions and safety measures and sub. 7 p. 1 art. 264 of the Tax Code of the Russian Federation;, and even if the teenager was not hired and Letter of the Ministry of Finance of Russia dated 06.10.2009 No. 03-03-06/1/648;
• are not subject to personal income tax, as they are not recognized as an economic benefit (income) of a teenager due to the fact that medical examinations are necessary to ensure the activities of the employer himself I am Letter of the Ministry of Finance of Russia dated November 21, 2008 No. 03-03-06/4/84;
• are not subject to insurance premiums, as these are not payments in favor of employees in the framework of labor relations th Part 1 Art. 7 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance premiums ...";
• are not subject to “injury” contributions, as they do not apply to payments in favor of the insured within the framework of labor relations th paragraph 1 of Art. 20.1 of the Federal Law of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Accidents ..."; Clause 3 of the Rules for the calculation, accounting and spending of funds for the implementation of compulsory social insurance against accidents ... approved. Decree of the Government of the Russian Federation of March 2, 2000 No. 184.

Not every mode of work is suitable for a teenager

M.G. Kravchenko, Samara

Is it possible for a minor to set the operating mode "day after three"?

: Not. And there are two reasons for this. First, for adolescents, the maximum duration of daily work is set. s Art. 94 Labor Code of the Russian Federation. Therefore, they cannot work 24 hours in a row.

Secondly, the “day after three” mode of operation assumes that part of the working time falls at night.

And minors (except for those involved in the creation or performance of works of art) are prohibited from working at night (from 22.00 to 6.00) O Art. 96 Labor Code of the Russian Federation.

A teenager should be granted leave at any time convenient for him.

M.D. Shulyukina, Zelenograd

A teenager joined us. I worked for only a month and wrote an application for vacation as much as 31 calendar days. Are we obligated to grant his application?

A: Yes, we must. Annual basic paid leave for minors is granted for 31 calendar days at any time convenient for them. I am Art. 267 of the Labor Code of the Russian Federation.

Please note that the Labor Code of the Russian Federation does not tie the number of vacation days to the length of the employee's vacation period at the time of his vacation To articles 121, 122 of the Labor Code of the Russian Federation; Letter of Rostrud dated December 24, 2007 No. 5277-6-1. Therefore, you have no right to insist that a teenager who has worked in a company for only a month can only claim 2.6 days of vacation (31 calendar days / 12 months). But by agreement with the teenager, his vacation can be divided into parts so that at least one of the parts of this vacation is at least 14 calendar days th Art. 125 of the Labor Code of the Russian Federation.

How to fill in the column of the work book "Education" if the employee is still studying

G.D. Maevskaya, Kaluga

They hired a teenager. What should he write to work book in the education section? And does it need to be filled out at all?

: You need to fill in the education column in the work book. But what to write there depends on what kind of education a teenager already has or what he receives.

The fact is that there are two options for making an entry about education in the work book at p. 2.1 Instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69.

;

<или>“initial vocational education”, if he has submitted a document confirming his graduation from a vocational school or professional person I am Clause 6 of the Model Provision ... approved. Decree of the Government of the Russian Federation of July 14, 2008 No. 521;

<или>"secondary vocational education", if he submitted a document on graduation from a technical school or college a Clause 7 of the Model Provision ... approved. Decree of the Government of the Russian Federation of July 18, 2008 No. 543.

OPTION 2. Make a record of incomplete education appropriate level, if a teenager brings a supporting document from the educational institution where he studies or studied (certificate from a school, vocational school, technical school, university, etc.). For example, if the teenager is still in the 10th grade, you can write "incomplete secondary (complete) general education", and if in a vocational school - "incomplete primary vocational education".

And then, after receiving the appropriate level of education, the record of education in the work book can be supplemented b clause 2.4 Instructions for filling out work books.

The taxes for a teenager are the same as for an adult.

N.Yu. Tikhomirova, Tula

We employ students of the technical school - we conclude employment contracts with them. We withhold personal income tax from wages, but what about insurance premiums? To accrue everything, including contributions "for injuries"?

: Tax the salary paid to them in the usual way, that is, withhold personal income tax and charge insurance premiums, including “injury” contributions. And count teenage payments and insurance premiums as "profitable" expenses.

Work and internship are not the same

O.V. Maksimova, Yakutsk

Tell me, please, is it possible, according to the law, to take a student of a technical school for industrial practice without payment (for example, for 2-3 days a week for a maximum of 2-3 hours)?

: If a teenager comes to you solely to pass industrial practice, that is, to get acquainted with the production, then he does not need to pay anything. He doesn't work for your company. Usually in such situations, the educational institution concludes an agreement with the company on the placement of an internship.

If you do not just introduce your trainee to production, but instruct him to perform some labor obligations, set him a regime of working time and rest time, etc., then the situation is different. After all, by doing so, you enter into an employment relationship with him. I am Art. 15 Labor Code of the Russian Federation. Remember that the actual admission to work is the conclusion of an employment contract, even if such an agreement is not in writing. n Art. 67 of the Labor Code of the Russian Federation. Therefore, the teenager will need to pay a salary. Yes, and the employment contract with him will need to be drawn up in writing no later than 3 working days from the date of his actual admission to work e Art. 67 of the Labor Code of the Russian Federation.