Probably every child wants to have their own money. That is why many children want to get a job. Now in many institutions there are vacancies that a teenager can handle. Temporary employment of minors allows you to take children on vacation, as well as get their own money. However, you must take into account the norms of the law, which are described in this article.
Age
At what age can children work? According to the Labor Code of the Russian Federation (Ch. 42), it is allowed to find a job from the age of 14. And the signing of the employment contract can be performed from 16 years. Exceptions include organizations in the field of cinema, theater, circus, concerts, as well as sports activities. For a child of 14-16 years old, the documents are signed by parents or legal representatives.
Some children try to earn extra money during the holidays, especially in the summer. Many vacancies are available for them, for which, of course, special skills are not needed. The main thing is that parents allow them to engage in labor activities. And the reward for the work will be personal earnings.
Temporary Employment Benefits
Based on age accounting, legislation is not limited to restrictions. But also benefits for teenagers:
- Decrease in production rates - Art. 270 shopping mall.
- Payment not less than the established level, but based on hours worked - Art. 271 shopping mall.
- Annual rest on day 31 - st. 267 shopping mall.
- Reduced week 24-35 hours - 92 TC.
- Working day 2.5 - 7 hours - Art. 94 shopping mall.
- Medical examinations - Art. 266 TC.
- Dismissal on the basis of permission of the juvenile affairs department - 269 TC.
Where you can’t work?
There is also a list of posts for which even temporary employment is prohibited until the age of 18 . This applies to:
- enterprises with harmful conditions - metallurgy, petroleum chemical industry;
- posts with psychological stress;
- activities in which it is likely to cause any harm;
- work on lifting goods;
- ship repair and shipbuilding;
- night work;
- work on a watch;
- mining labor;
- underground labor;
- activities in religious institutions;
- part-time work.
The restriction also applies to positions involving liability. The entire list is indicated in the Government Decree of 02.25.2000. No. 163. If the organization of temporary employment of minors is violated, then the administrative responsibility arises for the employer. With the adoption of an employee who does not fit this position, the contract is terminated and transferred to the appropriate vacancy.
Decor
Temporary employment of adolescents is carried out in the same way as in the case of adults. But when drawing up the contract, nuances should be taken into account. It is important for adolescents under 18 to create the necessary conditions, as well as ensure their protection:
- The document is after studying at school. If there is no certificate, the employee may be a teenager studying in absentia.
- Work cannot take study time. In addition, it should be accompanied by light conditions.
- Between 14 and 16 years, you can conclude an agreement, but with the permission of the parents or guardians.
- From the age of 16, an independent conclusion of the contract is possible.
- Special conditions are created for a teenager at work.
In case of violation of the rights of employees under 18 years of age, the employer is responsible, which is prescribed by law. Do not forget about your rights.
Nuances
Temporary employment may be carried out under perpetual and fixed-term contracts. A document valid for a specific period is considered preferred. The reason for this is that the termination of a perpetual contract is possible by decision of the employer only under special conditions.
Termination of employment with a teenager is possible with the permission of the Labor Inspectorate and the Juvenile Affairs Authority. Otherwise, it will be considered a violation of the law. Such a phenomenon is possible only during the collapse of the organization (Article 269 of the Labor Code of the Russian Federation).
Working hours
The organization of temporary employment should be carried out on the basis of the law. Teenagers can do work on a shortened day (Article 92 of the Labor Code). Duration of employment depends on age:
- up to 16 years - 24 hours a week, 5 hours a day;
- 16-18 years old - 35 hours and 7 hours;
- 14-16 years (when combining work and study) - 2.5 hours a day and 16-18 years - 4 hours.
Salary
An important point. Temporary employment of adolescents involves the mandatory entry of data on the amount of salary in the contract. Also, the documents should indicate the procedure for its receipt. The manager has the right to pay at full rate if the week is shortened. But this is not an obligation. Payment of income may be based on the time spent, if this is recorded in the employment contract.
Exceptions
- The contract should not contain information about business trips, overtime work. You should not use adolescents for night work, as well as for work on weekends, holidays (Article 268 of the Labor Code).
- It is not allowed to establish individual or collective financial responsibility (Article 244 of the Labor Code). The employee is responsible for causing material damage intentionally or because of a crime.
Documents
Temporary employment of minor citizens is carried out on the basis of the papers provided to them. That is, documents. Their list may vary depending on age. For adolescents from 16 years old, the same documents are required as for adults:
- Passport.
- Employment history.
- Registration paper at the Military Commissariat - from 17 years old.
- A medical book or certificate of medical examination.
If you are employed at 15 years old, you must provide:
- Certificate of basic education.
- If it is absent, then a certificate of distance learning is required.
If at the age of 15 the basic education has not yet been completed, and education by correspondence has not begun, then employment is allowed in the same way as with a teenager of 14 years. At this age, you must additionally provide permission from parents, guardianship authorities, a certificate on the curriculum.
Medical board
Medical examination of adolescents is carried out on the basis of the direction of the head. A minor worker must be examined by a professional pathologist. Inspections are required before entering work, as this is prescribed by law. Procedures must be performed every year up to 18 years.
The objective of such events is to monitor their health. Because at work, various factors can influence. The compulsory nature of inspections is established by Decree of the State Civil Protection Service of the Russian Federation No. 58.
Statement
The organization of temporary employment of minor citizens begins with the writing of this document. There is no standard form for writing an application; it is written in free form. The statement must be signed by the head.
Near the signature should be a visa to permit work with a minor. The document is filed to the personal file of the employee with other papers. Further, the employee is provided with the opportunity to familiarize themselves with local acts signed.
Guarantees
The organization of temporary employment of unemployed citizens should be subject to certain measures. Those that guarantee the preservation of physical and moral condition. The features of the organization of labor include the following standards:
- The duration of the vacation should not exceed 31 days. It can be increased.
- Persons under 18 years of age, if desired, may be granted additional leave. Rest is provided 6 months after employment. To do this, you only need to submit an application. Students are granted study leave during the session.
- You can not compensate for the vacation with money. An exception is the payment for unused rest time upon dismissal.
- You should not determine a trial period for adolescents under 18 years of age. This is indicated in Art. 70 shopping mall.
Termination of an agreement
The employer, by his own decision, cannot execute the dismissal of a minor. Every teenager needs to know about this. This requires the consent of the juvenile authority and the GTI. If there is no permission, the employee is reinstated at their request, and he is paid income for the period of involuntary absenteeism.
Termination of the document is possible based on the requirements of the parents or guardians. This usually happens when work interferes with learning activities. If the contract is valid for two months, it is terminated upon application prematurely.
The employee must notify the management in writing of the dismissal in 3 days. After that, he may not go to work. When the term of the document ends, the manager is obliged to notify the employee about this also 3 days in advance.
Protection of rights
Labor rights are protected by the juvenile commission and labor inspectorate. For any violations, you must contact these organizations, providing evidence. Responsibility is provided for an unlawful attitude towards the child, since the protection of his rights is the primary task of the state.