The current legislation provides for standards that guarantee the protection of the labor of children and adolescents. In the TC, in particular, there are a number of provisions governing the hiring of a minor employee. A step-by-step enrollment procedure provides for various mandatory activities. Their specificity depends on a number of factors. Let us further consider how a minor employee is hired.
Legal aspect
In accordance with the International Covenant of 1966 on cultural, social and economic rights, age limits should be set in each state, below which paid child labor is prohibited. If these limits are violated, liability should also be provided for the employer. In addition, the punishment should establish the use of child labor in harmful or dangerous conditions for health and life. In the Russian Federation, various regulations are in place to ensure the protection of the rights of minors. State policy as a whole is focused on providing this category of citizens with certain guarantees and assistance to those in need of employment. So, in normative acts the order is regulated, according to which the admission for work of minors of 14-18 years is allowed. In addition, the law provides for the employment of citizens of 18-20 years old who are graduates of primary and secondary vocational educational institutions. Social protection of the category in question is carried out through the introduction of quotas for jobs. This is established in Art. 11, paragraph 2 of the Federal Law No. 124.
Limitations
The law strictly regulates the procedure in accordance with which a minor employee is hired. The step-by-step procedure for each specific group is explained in the TC. General rules are established in Art. 63. In accordance with its provisions, all enterprises, except harmful and dangerous, are allowed to hire a minor at the age of 16 years. Along with this, the legislation provides for a number of conditions under which it is possible to enroll younger specialists in the staff.
SanPiN
In accordance with the established sanitary and epidemiological rules, it is forbidden to hire a minor aged 17 years and younger in hazardous and harmful industries. This requirement is mandatory for all organizations and individuals who use the labor of adolescents and organize their training, regardless of departmental affiliation, type of economic activity, legal status, form of ownership. So, it is forbidden to hire a minor aged 17 years and younger if the activity will be carried out:
- In hazardous / hazardous conditions.
- Underground.
- In conditions that can adversely affect the health and moral development of adolescents: in nightclubs and bars, gambling establishments.
Also, these young people should not be hired if it involves the sale, transportation, production of alcoholic beverages, narcotic and other toxic agents, and tobacco products.
Additional bans
Reception of minors is not allowed:
- For civil service.
- In emergency rescue professional formations and services as lifeguards.
- In private security.
- In other organizations in which the corresponding prohibitions are established by local acts (job descriptions, PTB and others). For example, the admission of a minor worker of 14 years to the circus is allowed. However, he can perform in the air with flights only without separation.
Classification
In civil law, minors are divided into two categories:
- Under 14 years old. According to the Civil Code, these citizens are considered juvenile.
- 14-18 years old - minors.
Also, the classification is carried out by level of education:
- Full-time students.
- Officially terminated their studies or gaining knowledge in absentia.
- With secondary education, part-time students or leaving school.
Employment of a minor employee: documents
The package of papers that must be provided to the employer will depend on which group the citizen belongs to. So, a 14-year-old applicant should submit a statement. The legislation does not directly establish the filling of this paper, but in practice it is used quite often. In addition, it is highly advisable to have this statement in the event of a labor dispute. The Civil Code stipulates that on behalf of a child under the age of 18, all transactions are made by parents. This rule applies to the conclusion of an employment contract. Thus, parents write a statement on behalf of the teenager, in accordance with which a minor employee will be hired. The step-by-step procedure for including a new employee in the state also provides for a mandatory preliminary medical examination, based on the results of which a medical opinion is issued. This paper should also be provided to the employer. The conclusion should indicate that the state of health of the adolescent corresponds to the activity that will be performed by him at the enterprise. The employer should also be provided with:
- Written consent of father or mother (guardian). It is expressed in free form and is addressed to the head of the enterprise.
- Document on education, the availability of special training (knowledge), qualifications.
- Permission of the authority of guardianship and guardianship. This document must indicate the permissible duration of work and other essential conditions. The basis for the preparation of such a paper is the appeal of the parents or the employer.
- Workbook (if available).
- Birth certificate / passport.
- Insurance certificate (if available).
Hiring a minor employee: a step-by-step procedure
All actions related to the conclusion of an employment contract are not carried out by the teenager, but by his trustees or parents. This, however, does not relieve the employer of a number of responsibilities. In general, the procedure for hiring minors is similar to that provided for fully capable citizens. The teenager needs to be familiarized with all that are directly related to his activities, local acts of the enterprise. In particular, they include:
- Job description.
- PTB.
- Rules of the day.
- Schedule.
- Payment terms and so on.
The signature on familiarization with the indicated acts, the order of employment is put, again, not by a teenager, but by his parent / guardian.
Full-time enrollment
The hiring of a minor aged 15 years, as well as sixteen and fourteen, is carried out with the obligatory observance of a number of requirements. In particular, the following conditions must be met:
- The work schedule does not coincide with the time of study and does not violate the educational process.
- A teenager is a student, about which a corresponding certificate from an educational institution is provided.
- The proposed activity is included in the category of light labor and does not harm the health of the child.
Legislation does not clarify the term “light work”. However, ILO Convention No. 138 states that certain rules or legislation of the country may allow the employment of a minor employee (student) to perform tasks that:
- Do not seem harmful to its development and health.
- No damage to school attendance.
- It does not harm participation in career guidance / training programs or the ability to realize the knowledge gained.
As a rule, the hiring of a minor aged 16 years and younger is carried out:
- To the courier service.
- For improvement and gardening of the city territory.
- For the harvest.
- To service cultural events.
- For caring for agricultural crops and so on.
Regardless of how long a minor employee is hired - during the summer holidays or constantly - an employment contract is drawn up. As for the papers that should be provided to the employer, their list is supplemented only by a certificate from the educational institution.
Job placement for graduates
A minor at the age of fifteen to sixteen has the right to choose. He can continue to study at a secondary school or leave school. Depending on your choice, if you want to find a job, a teenager must provide one of the following papers:
- Upon receipt of education - a certificate of completion of 9 classes.
- When continuing to study in the main program, not full-time (distance, full-time, in absentia, in absentia) - a certificate confirming that he receives knowledge in a particular institution.
- Upon termination of education with the consent of the parents or expulsion from school - the relevant order of the director.
The list of other securities is similar to the above. When concluding a labor contract with a person of 17-18 years of age, you should, among other things, provide a citizen’s identity card, which is subject to call-up for service (registered certificate).
Body check
It acts as a prerequisite for hiring a minor. A preliminary physical examination is necessary to establish the state of health of a citizen and the ability, in accordance with it, to carry out activities in a particular profession. The conclusion of the medical commission is drawn up on the form for f. No. 086 / y. Underage workers undergo a physical examination every year until they are 18 years old.
Labor contract
The hiring of a minor employee (temporarily) is made out by an appropriate order. On the basis of it, a fixed-term labor contract is concluded if a teenager is credited to an enterprise to carry out professional activities for a period of up to two months or for a specific season. It is allowed to hire a minor employee under a contract, taking into account the restrictions provided by law, for a period of up to one year. The legislation does not provide for the establishment of a trial period for this category of citizens.
Art. 268 TC
This article establishes prohibitions that apply to minors. In particular, adolescents are not allowed:
- Send on business trips.
- Engage in activities at night, overtime, on holidays, weekends.
However, these restrictions do not apply to all minors. The bans do not apply to employees:
- Cinematography organizations.
- Theaters.
- Circuses.
- Concert organizations.
- MEDIA.
- Other persons involved in the performance / creation of works, according to the List of works, positions, professions, approved by government decree No. 252.
Along with this, one should take into account the prohibitions on activities:
- At the same time.
- Performed by the shift method.
- In religious organizations under contract.
Minors are also not allowed to conclude full collective or individual liability agreements.
Vacation duration
Like other employees, minors are provided with rest. However, for young professionals, the law provides for a longer duration. So, minors are granted leave on 31 calendar days. The specialist can take advantage of this time at any convenient time. At the same time, rest may be granted upon the application of the employee until the end of six months of continuous activity at the enterprise. When a specialist combines training in accredited state educational institutions of higher, secondary or primary vocational education, he is entitled to additional holidays. At the same time, his average salary is maintained. It should also be remembered that the employer does not have the right to withdraw the employee from vacation, replace the latter with monetary compensation. In addition, the head of the enterprise is obliged to send a specialist to rest, even if the latter asks to transfer him.
Salary
In case of time-based payment, accrual is carried out taking into account the shortened shift duration. If the minor works piece-work, his calculation is carried out at the appropriate rates. Payroll specialists who are trained in educational institutions and carry out professional activities at the enterprise in their free time, the calculation is made in proportion to hours worked or depending on the output. From their own funds, the employer may charge bonuses:
- Up to the salary level of specialists of the corresponding categories, provided that the full duration of daily activity is provided by time-based calculation.
- Up to the tariff rate for the period for which the duration of daily work is reduced.
Termination of contract and liability
Termination of legal relations with a minor employee on the initiative of the employer is allowed with the consent of the labor inspectorate and the Tax Code. An exception is the termination of IP activities, the liquidation of the organization. Minors are fully liable for:
- Intentionally causing damage.
- Damage while intoxicated (toxic, narcotic, alcoholic).
- Damage caused by an administrative or other crime.
In all these cases, an internal investigation should be conducted.