Employment contract with a minor worker. Features of the conclusion of an employment contract with minors. How is a fixed-term employment contract drawn up?

Thus, the Ministry of Labor in Decree No. 7 established a ban on lifting weights by such workers. A minor can only be hired for light work (for example, posting ads, typing, issuing sports equipment).

The key basis for the employment relationship between the employer and persons under the age of 16 is determined by the Labor Code of the Russian Federation, Chapter 42.

So, labor legislation provides for the possibility of employment of citizens of 14 and 15 years of age for an easy type of work and under special conditions. The outlined legislative norms should be taken into account by the employer when registering minors for work, and especially when concluding an employment contract.

Rules for registration of minor citizens for work

The employer, having decided to hire such an employee, assumes full responsibility in accordance with the Labor Code of the Russian Federation. If the contract is drawn up with a child who is under 14 years old, the following rules for the duration of daily child labor come into force:

1. Children under 8 work until 2 o'clock, from 9 am to 4 pm.
2. Over 13 years of age can work up to 4 hours, starting at 9 am and ending at 19 pm.
3. Children from 8 to 13 years old can work at the same time, but not more than 3 hours.

16-year-olds work no more than 24 hours a week, and older workers (from 16 to 18 years old) - up to 35 hours. The procedure for concluding an agreement may also vary somewhat depending on the age category of the applicant for work.

Observing the listed requirements of the law, the tenant has the right to conclude one of the types of agreements with a minor citizen (termless or urgent).

The sequence of actions of the employer when applying for a job of a minor

It is self-evident that the key action in registering a minor citizen for work is the conclusion of an employment agreement with him. The employer approaches this step by step.

Requirements for execution of an employment contract with minors

When drawing up a contract for minors, a standard sample of an employment agreement is taken as a sample. Further, the format is adapted in accordance with the requirements of the Labor Code of the Russian Federation for the employee.

The drafted form of the agreement must necessarily include the following parts:

1. Dating (day, month, year), place (city) of the document.
2. The essence of the agreement (indication of the position, department, place of work of the minor).
3. The term of the contract (indicating the date of commencement of employment).
4. Terms of accrual, payment of earnings in detail (salary, additional payments, allowances, method of issuing money, etc.).
5. Mode of operation (start and end time, break, vacation duration, etc.).
6. Rights, obligations of the employer and the minor employee.
7. Additional conditions (free food, housing, reimbursement of expenses for the purchase of travel documents on public transport, etc.).
8. Mutual responsibility of the parties to the agreement.
9. Grounds and procedure for termination of employment relations.
10. Details of the employer and the person applying for a job or his parent (including their signatures with transcripts).

Common mistakes when drawing up a contract with minors

Mistakes in the execution of an employment contract are more often made when compiling the content of the document or when signing it. The following situations can be cited as an example:

1. Using a template version of an employment agreement, where a single mode of operation is prescribed or there is a link to the internal regulations. It must be understood that for minors, the law prescribes a separate regime of working time and rest. Therefore, it must be described in each specific case.
2. Denial of employment to a person under the age of 16, or vice versa, execution of an employment agreement with him. The employer has the right to conclude an employment contract with a 16-year-old. A minor citizen can be hired only with the participation of parents, guardianship authorities and on special conditions.

Often there are violations in the order of registration. So, according to Art. 68 of the Labor Code of the Russian Federation, the employer must first familiarize the future employee with local acts, then conclude an agreement. In contrast, the employer formalizes the employee, and after that informs about internal regulations or does not do it at all.

On the issue of concluding an agreement with a child to participate in the production of a play or the filming of a film

Shchur-Trukhanovich L.V., Ph.D., a specialist in labor law and labor economics, in his work “Organization of labor activity of minors” explains in detail the legitimacy and procedure for the use of child labor in various fields of activity.

The author noted that for the participation of a child in the creation of a work of theatrical, circus, concert, cinematic art, an agreement is drawn up in accordance with the Labor Code of the Russian Federation (in the order described above). The name of the organization (employer) is prescribed, as well as the name of the work and its brief description, working conditions. For employment, the permission of the guardianship authorities, the consent of the parent is required.

Example 1. Making a contract with a 16-year-old

LLC "Project" draw up an annual contract with L. A. Maryina. The company is engaged in the creation of a series of commercials of a social orientation and attracts children as models, artists for video filming.

Recently, L. A. Maryina turned 16 years old, therefore, when drawing up an agreement, the employer must take into account the mandatory requirements of the Labor Code of the Russian Federation, namely:

• a teenager should work no more than 24 hours a week;
• the duration of the vacation is set at least 31 days.

The contract is signed by her independently, without the written permission of the parents.

Example 2. The procedure for the employment of a 16-year-old citizen

Answers to frequently asked questions

Question #1: On what grounds does an employer have the right to terminate an employment agreement with an employee under the age of 18?

The procedure for terminating the agreement is carried out in a generally accepted manner. One nuance: the employer has the right to dismiss such an employee only after agreeing this issue with the commission on minors, as well as the state labor inspectorate. This is a mandatory requirement. Fulfillment of it indicates the legitimacy of the dismissal. Without agreement, the employer has the right to dismiss the minor only upon liquidation of the organization.

Question #2: Can a minor employee, on his own initiative, quit immediately, when he wants to?

This right is reserved for minors. But upon dismissal, before the termination of the employment contract, such an employee will be required to work for the employer for 2 weeks.

This condition does not always apply. If the reason for dismissal is the need to start or continue your studies, then you do not need to work out. Only the need for training must be documented by the dismissed person.

The performance of simple low-paid work by teenagers is beneficial to the employer. But hiring a minor employee is associated with some difficulties associated with the law. Mistakes in the execution of an employment contract and violation of its terms can lead to significant fines. However, knowledge of the labor code and compliance with its requirements will help the employer to avoid trouble, and the employee to protect their rights.

In the labor market, situations often arise when companies take teenagers aged 14 to 18 for unskilled work. In this case, the employer is obliged to conclude an employment contract with minors, which has a number of features depending on the age of the employee.

Art. 63 of the Labor Code of the Russian Federation provides for the conclusion of an employment contract with persons
over 16 years old, and with persons under 16 years old, an agreement can be concluded only if certain conditions prescribed by law are met.

Employees who have reached the age of 15 have the right to enter into an employment contract only for the performance of light work and provided that they:

• Received a general education.
• They continue to master the general education program in a form of education other than full-time.
• They left general education in accordance with federal law.

Students who have reached the age of 14 are entitled to conclude an employment contract if:

• Guaranteed easy and not harmful to health work in their free time from school.

Persons under 14 years of age have the right to conclude an employment contract if:

• This is a theatrical, cinematographic and concert organization, a circus.
• There is no damage to health and moral development.
• There is the consent of one of the parents (guardians), as well as the guardianship and guardianship authority.

An employment contract on behalf of a minor employee must be signed by a parent or guardian. The guardianship and guardianship authorities in their work permit prescribe the maximum allowable length of the working day and other conditions.

Labor relations with minors are formalized in accordance with Chapter 11 of the Labor Code of the Russian Federation. To conclude an employment contract, the following documents must be submitted:

• Passport or other identification document.
• SNILS, work book, if any.
• A document on education, the availability of special knowledge or qualifications.
• Documents of military registration (for persons from 16 to 18 years).
• A health certificate that an employee receives after passing a medical examination.
• Documents confirming the consent of one parent or guardian, and written permission from the guardianship and guardianship authorities (for persons 14 years of age and younger).
• A document from an educational institution with the specified mode of study (for those working in their free time).

According to Art. 57 of the Labor Code of the Russian Federation in the employment contract must indicate:

• Name of the employee and details of the employer.
• Documents proving the identity of the employee and employer.
• TIN of the taxpayer.
• Date and place of conclusion of the employment contract.
• Place of work, labor functions of the employee and date of commencement of employment.
• Conditions of wages, working hours and rest.
• Conditions of compulsory social insurance of an employee.
• Other conditions stipulated by labor legislation.

Additional documents must be attached to the employment contract:

• Job description.
• Schedule of work and list of rates of work.
• Non-Disclosure Agreement.
• Other additional agreements (if necessary).

After signing the contract and issuing an order for employment, the employee must be familiarized with the internal regulations and other regulations that reflect his future work activity. The employee must also be trained in occupational safety.

If necessary, it is the responsibility of the employer to issue a work book and a pension certificate.

Fixed-term employment contract

Often, a fixed-term employment contract is concluded with a minor worker for a certain period of time (for example, during vacations). Such an agreement is most preferable for the employer due to the period of validity prescribed in it. In this case, when terminating the contract, it will not be necessary to agree on the dismissal with the State authorities.

Only organizations with more than 35 employees and 20 employees in the field of consumer services and trade have the right to conclude a fixed-term contract. If the number of employees is less, it is possible to conclude a fixed-term contract for a period of not more than six months.

Features of an employment contract with minor employees

Concluding a contract with persons under the age of 18 has some peculiarities. According to Art. 70 of the Labor Code of the Russian Federation, a minor employee is exempted from the probationary period upon employment and does not bear full financial responsibility. He is financially responsible only in cases prescribed in Art. 242 of the Labor Code of the Russian Federation:

• Damage caused as a result of an administrative misconduct, commission of a crime or in a state of intoxication.
• Intentional damage.

Underage workers belong to the category of persons who are in particular need of social protection. The regulation of the labor of these workers is determined by Art. 265-272 of the Labor Code of the Russian Federation, in which the following are legally established:

• Working conditions and wages.
• Mode of work and rest.
• Other aspects of labor activity.

Minors are hired only after a medical examination (examination). And then, until they reach the age of 18, they are subject to an annual medical examination at the expense of the employer (Article 266 of the Labor Code of the Russian Federation).

Art. 92 of the Labor Code of the Russian Federation establishes a reduced working time for minors:

• For employees under 16 - no more than 24 hours a week.
• For employees aged 16 to 18 - no more than 35 hours per week.
• For those who combine work with study from 14 to 16 years old - no more than 12 hours.
• For those who combine work with study from 16 to 18 years old - no more than 17.5 hours.

Art. 94 of the Labor Code of the Russian Federation provides for a reduced duration of the work shift for minors:

• For employees from 15 to 16 years old - no more than 5 hours a day.
• For employees from 16 to 18 years old - no more than 7 hours a day.
• For those who combine work with study from 14 to 16 years old - no more than 2.5 hours a day.
• For those who combine work with study from 16 to 18 years old - no more than 4 hours a day.

According to Art. 265 of the Labor Code of the Russian Federation for underage workers are prohibited:

• Work in dangerous and harmful working conditions.
• Business trips and work overtime and at night, on holidays and weekends (with the exception of creative workers, the list of works of which is defined in the Decree of the Russian Federation No. 252 of April 28, 2007).
• Lifting weights that exceed the limits established by law.
• Underground work and work that is harmful to health and moral development (gambling, work in cabarets and nightclubs, work related to alcohol and tobacco products, as well as narcotic and toxic substances, erotic goods).

The list of jobs where the work of minors is prohibited can be found in Decree of the Government of the Russian Federation No. 163 dated February 25, 2000.

Paid leave for minors is provided annually at a time convenient for them for a duration of 31 calendar days (Article 122 of the Labor Code of the Russian Federation). With regard to persons under 18 years of age, recall from vacation, transfer of annual paid leave to the next year and replacement of vacation with monetary compensation are not allowed.

Wages for persons under the age of 18, with time-based payment, are calculated taking into account the reduced working hours. In case of piecework wages, wages are paid according to the established piece rates.

Termination of an employment contract with a minor employee

The legislation of the Russian Federation establishes additional guarantees for minors. Dismissal at the initiative of the employer in accordance with Art. 269 ​​of the Labor Code of the Russian Federation is allowed only with the permission of the relevant State bodies for juvenile affairs that protect their rights. The only exception is the liquidation of the enterprise.

The absence of the consent of the State authorities obliges the employer to reinstate the employee in a position with paid involuntary absenteeism. The refusal of the employer to restore entails administrative and material liability.

For children left without parental care and orphans, the employer, upon closing the enterprise, is obliged to provide them with vocational education and employment at their own expense.

When terminating an employment contract, the general procedure provided for in Art. 84.1 of the Labor Code of the Russian Federation:

• The employee is notified of the dismissal three days before the expiration of the employment contract.
• An order is issued to terminate the employment relationship with the signature of the employee.
• An entry is made in the work book of the employee, on the basis of which and for what reason the employment contract is terminated.
• On the day of dismissal, the final settlement is made with the employee and a work book is issued.
• The employee, upon his written application, is given copies of documents related to his work.

These are the general rules for concluding labor relations with persons under the age of 18. The employer is obliged to comply with all requirements established by law, and failure to comply with them leads to administrative liability in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Often, underage citizens of the Russian Federation are hired for temporary work. Much less permanent. The law protects citizens who have not reached the age of majority by various acts.

Of particular interest is the relationship among minors and their employers. Let's analyze what are the main aspects for hiring children and adolescents.

The procedure for hiring minors between the ages of 14 and 18 is described.

Conclusion of an employment contract with minors under the Labor Code

According to the Labor Code of the Russian Federation, the following conditions for concluding an employment contract with minors are unacceptable:

1. Activities in an unsafe and malicious environment.
2. Business trips and activities during overtime, solemn and weekend time.
3. Work with weights exceeding the generally recognized measures set by law.
4. Being underground, causing damage to well-being and mental development.

Features of concluding an employment contract with minors

When drawing up an agreement, the following papers should be on hand:

1. Passport or other proof of identity.
2. SNILS.
3. The act of education, the presence of specialized knowledge.
4. Army records.
5. A document confirming health, which can be purchased when passing a medical examination.
6. Papers proving the approval of one of the parents.
7. An act from an educational institution, with a marked time of study.

The conclusion must include:

1. Documents confirming the identity of the employee.
2. The term of the agreement.
3. Location, work functions of the employee and the date of commencement of work.
4. Circumstances of payment for work, the order of the working day and rest.
5. The circumstances of the employee's insurance.
6. Other circumstances prescribed by law.

Supporting papers are necessarily attached to the conclusion:

1. instructions during work.
2. Schedule and labor cost.
3. Non-disclosure agreement.

After signing the agreement and issuing a decree on hiring, the employee must be familiar with the internal regulations and other regulations that reflect his future activities at work. In addition, the employee must read the safety instructions.

Termination of an employment contract with minor employees

The legislation of the Russian Federation, for persons under the age of majority, introduced special circumstances upon dismissal. Reduction at the initiative of the employer is permitted only with the permission of certain state organizations that protect the rights of minors. The exception to the rule is the elimination of a company.

Sample employment contract with a minor worker

Personally draw up a working relationship that has not reached the age of majority, they have the right from the age of sixteen. However, certain areas of work, also referred to as working relationships, may employ younger people.

But in these cases, it is necessary to involve their representatives in the creation of an agreement - the father with the mother and the guardianship authorities.

At what age can an employment contract be concluded according to the general rule?

The law takes into account agreements with persons over 16 years of age, and with persons under 16 years of age, an agreement will be concluded subject to certain conditions.

Employees who have reached the age of 15 have the opportunity to enter into an agreement only for the performance of simple activities and under the following circumstances:

• There is primary education;
• May continue to study;
• Dropped out of federal law.

Pupils who have reached the age of 14 may have a working agreement in the following cases:

• There is an agreement on hand from one of the parents (father and mother);
• Labor that does not give any damage to well-being during work, in a period separate from study.

Persons under 14 years of age have the opportunity to work in the following cases:

• This is a stage, cinematographic, concert system or a circus;
• There is no damage to well-being;
• There is an agreement on hand from one of the parents (father or mother).

An example of an employment contract with a minor worker

Maxim Korolev (15 years old), works in the Bachelor cafeteria. He entered into an agreement in which it was written that he received the payment only after the 5th month, and every month he was paid 60% of the total salary.

After 5 months, the entrepreneur wants to fire him without paying the rest of the salary, because of absenteeism (he only took 2 times off and then because of his studies).

Representatives of the State Inspectorate undertook this and the entrepreneur had to pay the remaining amount, as well as correctly formalize the dismissal.

Fixed-term employment contract with a minor employee - sample

Often, with an employee who has not reached the age of majority, they conclude a fixed-term employment contract for a certain period (for example, during the holidays).

This kind of agreement is more beneficial for the employer due to the fact that the term of its validity is prescribed. In this case, when terminating the agreement, it will not be necessary to coordinate the dismissal with the State agencies.

In the article below, we will deal with the features of concluding labor relations with underage workers. A sample employment contract with a minor can be downloaded free of charge below.

As an example, we can take the norms for the production of hours, the duration of working hours. For workers who are under 18 years of age, significantly reduced compared to adults.

In addition, for this category of citizens is not established.

Conclusion of an employment contract with a minor employee

At what age can you enter into a contract with minors?

In accordance with the norms of the Labor Code of the Russian Federation, as a general rule, persons who have reached the age of 16 can be involved in work with the conclusion of an employment contract, however, there are exceptions - the labor of minors from the age of 15 can also be used.

In addition, subject to certain rules, an employment contract is concluded from the age of 14. To conclude an agreement with a 14-year-old citizen, the consent of one of the parents or guardians, as well as the guardianship and guardianship authority, is required. It should also be remembered that such citizens can only be involved in light labor in their free time from study. If an employment contract is concluded without the consent of the guardianship and guardianship authorities or parents, it is recognized as invalid.

Production rates

The production norms for persons under 18 years of age are proportional to the reduced norm for adult workers, therefore, we obtain figures - for those who are less than 16-23 hours old, those who have reached 16 years old are assigned a norm not exceeding 35 hours per week.

Salary

In the case of a time-based pay system, an employee under 18 years of age receives their wages based on hours worked, at an adult rate. If a piece-rate order is established, work is also paid at the rate of adults, but taking into account production standards. At the initiative of the employer, additional payments and bonuses to wages can be allocated for this category of workers.

Leave for minors

Employees under 18 are entitled to leave at any time of the year in the amount of 31 days. This rule also applies to underage citizens working part-time. There is one caveat on the issue of vacations, a minor does not have the right to replace his vacation with monetary compensation, he is obliged to go on vacation at least once a year.

The legislation provides for benefits for minors in this area as well, so, in addition to the usual (main) leave, an additional one can be provided for minors. If an employee combines work with education, then additional leave is provided for him, which is paid based on average earnings. In addition, if necessary, an employee of this category of citizens may demand unpaid leave at any time, for example, to pass exams, to enter educational institutions.

Today, more and more high school students want to get a job. However, they inevitably face a number of questions. How to properly apply for a job? What features exist in the Russian legislation? What should you pay attention to when concluding an employment contract?

Conclusion of an employment contract

Legal regulation of labor relations between an employer and an employee on the basis of an employment contract is carried out in accordance with the Labor Code of the Russian Federation and other regulatory legal acts. According to Article 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between an employee and an employer, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, ensure appropriate working conditions provided for by labor law norms, pay wages on time and in full, and the employee undertakes to perform the labor function defined by this agreement, to comply with the internal labor regulations applicable to this employer.

In accordance with Article 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract, as a general rule, is allowed with persons who have reached the age of 16 years. However, persons who have received general education or are receiving general education and have reached the age of fifteen may enter into an employment contract for light work that is not harmful to their health. And with the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract can be concluded with a person receiving a general education and who has reached the age of fourteen years, to perform light work in his free time from education, not causing harm to his health and without damage for the development of the educational program.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permit of the body of guardianship and guardianship shall indicate the maximum allowable duration of daily work and other conditions under which work may be performed.

An employment contract is concluded in writing in two copies: one copy is given to the employee, and the second copy is kept by the employer.

To conclude an employment contract with minors, the following documents are required:

1. a document confirming the consent of one of the parents (adoptive parents or guardians). A sample of such permission has not been established, therefore it is submitted in free form;

2. birth certificate of a minor (passport) and a copy of his parent's passport;

3. a document confirming the consent of the guardianship and guardianship authority for the employment of students under the age of 16;

4. a document on basic general education (certificate) or a document on leaving a general education institution (order of expulsion).

5. a certificate from an educational organization, which will confirm the schedule of training sessions, if the employee is under 16 years old and continues to study;

6. passport, work book, insurance certificate of state pension insurance and military registration documents (registration certificate), if the minor already has them.

According to article 70 of the Labor Code of the Russian Federation, a probationary period cannot be established for minors when hiring.

In accordance with Art. 266 of the Labor Code of the Russian Federation, persons under the age of eighteen are hired only after a preliminary mandatory medical examination and further, until the age of eighteen years, are subject to an annual mandatory medical examination.

Juvenile leave

In accordance with Art. 267 of the Labor Code of the Russian Federation, the annual basic paid leave for employees under the age of eighteen years is provided for 31 calendar days at a time convenient for them. That is, unlike adult workers, minors are not required to work 6 months before taking a vacation. Replacing annual paid leave with monetary compensation for persons under 18 years of age is not allowed. In addition, minors cannot be recalled from leave.

Features of termination of an employment contract with a minor

Based on Article 269 of the Labor Code of the Russian Federation, when terminating an employment contract with an employee under the age of eighteen at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur), in addition to observing the general procedure, the consent of the relevant state labor inspectorate and the commission on minors and protection of their rights.

Responsibility for violation of labor legislation and other acts containing labor law norms

In accordance with Articles 419 of the Labor Code of the Russian Federation and 5.27 of the Code of Administrative Offenses of the Russian Federation, in case of non-compliance by the employer with the above norms of legislation, he may be subject to disciplinary, financial and administrative liability in accordance with the procedure.

The material was prepared by Sovetova Natalia Vladimirovna and Koksharova Anna Andreevna